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Child Support Enforcement - Sarpy County Nebraska

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“[C]oncerns regarding the stigma of illegitimacy should not outweigh the primary<br />

purposes of the filiation statutes: identifying the biological fathers of children born out<br />

of wedlock and imposing on them an obligation of support.”<br />

Thompson v. Thompson, 18 Neb.App. 363, 782 N.W.2d 607 (2010)<br />

An obligor parent is entitled to a credit against his or her current child support<br />

obligation for payments made by the Department of Veterans Affairs to the child as a<br />

result of the obligor parent's disability, in the absence of circumstances making the<br />

allowance of such a credit inequitable.<br />

Truman v. Truman, 256 Neb. 628, 591 N.W.2d 81 (1999)<br />

The doctrine of equitable estoppel could operate to excuse the payment of accrued<br />

child support under appropriate factual circumstances<br />

Weaver v. Compton III, 8 Neb. App. 961,605 N.W.2d 478 (2000)<br />

It is not error to credit an obligated parent’s child support balance sheet with cash<br />

payments and non-monetary assets (a car) sent to the custodial parent directly by<br />

the obligated parent’s relatives, which payments were intended for use in the<br />

support of the minor child.<br />

Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)<br />

Neither of the parties is authorized to interfere with the court's orders and only the<br />

court can determine what, if any, adjustments should be made.<br />

The power of a court to suspend child support should be exercised only as "a last<br />

resort or where it is apparent that to do so affords the only remedy that can<br />

reasonably be expected to fit the mischief.” – citing Biesecker v. Biesecker, 190 Neb.<br />

808, 809, 212 N.W.2d 576, 577 (1973).<br />

As a general rule, the custodial parent's right of support and the noncustodial<br />

parent's right of visitation are entitled to separate enforcement. A failure to pay child<br />

support does not justify a parent's unilateral withdrawal of visitation rights, and a<br />

failure to allow visitation does not justify a parent's unilateral nonpayment of support.<br />

a court may suspend child support payments when the custodial parent deprives the<br />

noncustodial parent of visitation and there is no showing that the children are in<br />

need.<br />

Williams v. Williams, 206 Neb. 630, 294 N.W.2d 357 (1980)<br />

While equitable estoppel may be applicable in delinquent child.support cases, the<br />

mere execution of a document consenting to the adoption of a child, standing<br />

alone, is insufficient to justify.imposing the doctrine of equitable estoppel to deny to<br />

custodial.parent the benefits of a previously entered order of support.<br />

Extradition – Costs<br />

State v. Smith, 13 Neb. App. 477, 695 N.W.2d 440 (2005)<br />

We…find no abuse of discretion in the determination of the trial court that costs of<br />

prosecution (which can be taxed to the defendant) include the expenses of<br />

extradition.<br />

Neb. Rev. Stat. §29-752 (Cum. Supp. 2004) expressly contemplates the<br />

expenses of transportation in connection with an extradition, stating:<br />

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