23.06.2014 Views

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(a) The interpretation of the support order including amount of support, form of payment,<br />

and duration of support;<br />

(b) The amount of support arrearages necessary to require the issuance of an income<br />

withholding order or notice; and<br />

(c) The definition of what costs, in addition to the periodic support obligation, are included<br />

as arrearages which are enforceable by income withholding, including, but not limited to,<br />

interest, attorney’s fees, court costs, and costs of paternity testing.<br />

(3) The court shall apply the statute of limitations for maintaining an action on arrearages of<br />

support payments of either the local law of this state or of the state which issued the foreign<br />

support order, whichever provides the longer period of time.<br />

Source: Laws 1985, Second Spec. Sess., LB 7, § 62<br />

Foster Care<br />

In re Interest of Antonio S. & Priscilla S., 270 Neb. 792, 708 N.W.2d 614 (2005)<br />

Generally, custody of a minor ward is an incident of guardianship.<br />

Where a guardianship is established under the <strong>Nebraska</strong> Juvenile Code as a means<br />

of providing permanency for adjudicated children who have been in the temporary<br />

custody of the Department of Health and Human Services, custody is necessarily<br />

transferred from the department to the appointed guardian(s) by operation of law.<br />

Guardianship of Minors<br />

§ 30-2605 Status of guardian of minor; general.<br />

A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon<br />

appointment by the court. The guardianship status continues until terminated, without regard to<br />

the location from time to time of the guardian and minor ward.<br />

Source: Laws 1974, LB 354, § 223, UPC § 5-201.<br />

§ 30-2606 Testamentary appointment of guardian of minor; notice.<br />

The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right<br />

of the minor under section 30-2607, a testamentary appointment becomes effective upon filing<br />

the guardian's acceptance in the court in which the will is probated if, before acceptance, both<br />

parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an<br />

effective appointment by the parent who died later has priority. This state recognizes a<br />

testamentary appointment effected by filing the guardian's acceptance under a will probated in<br />

another state which is the testator's domicile. Upon acceptance of appointment, written notice of<br />

acceptance must be given by the guardian to the minor and to the person having his care, or to<br />

his nearest adult relation.<br />

Source: Laws 1974, LB 354, § 224, UPC § 5-202.<br />

§ 30-2607 Objection by minor of fourteen or older to testamentary appointment.<br />

A minor of fourteen or more years may prevent an appointment of his testamentary guardian<br />

from becoming effective, or may cause a previously accepted appointment to terminate, by filing<br />

with the court in which the will is probated a written objection to the appointment before it is<br />

accepted or within thirty days after notice of its acceptance. An objection may be withdrawn. An<br />

objection does not preclude appointment by the court in a proper proceeding of the testamentary<br />

nominee, or any other suitable person.<br />

Source: Laws 1974, LB 354, § 225, UPC § 5-203.<br />

- 75 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!