Child Support Enforcement - Sarpy County Nebraska

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Even though the inmate’s circumstances have not changed from his last action to modify his support obligation, the change of law constitutes a material change of circumstances. Rouse v. Rouse, 18 Neb. App. 128, 775 N.W.2d 445 (2009) Facts: Decided the same day as Hopkins v. Stauffer. The prisoner was sentenced to 38 years incarceration. He was behind in his support payments by over $3,000 at the time of his incarceration. The District court denied him a downward modification due, in part, to the fact he owed past due child support at the time he was first incarcerated. Held: Reversed and remanded. Presentence incarceration must be considered by the trial court when evaluating any allegation of a lack of “clean hands” by the prisoner. [T]he change of law making incarceration an involuntary reduction in income under certain conditions rather than a voluntary reduction constituted a material change of circumstances. A person continuously jailed while awaiting trial faces the same reduction in income as a person continuously incarcerated after sentencing, and the statute specifically references incarceration in jails in addition to incarceration in federal or state correctional facilities. Because there is no documented record of Rouse’s willfully failing or neglecting to provide proper support when he had sufficient resources to provide such support, we reverse, and remand for further proceedings. Still good law: Smith v. Smith, 12 Neb. App. 597, 681 N.W.2d 57 (2004) When obligated parent was incarcerated, but not yet sentenced, child support maybe based upon his regular rate of income pre-incarceration. Distinguished from State v. Porter, below. In Smith, “There was no evidence from which the court could determine whether James would be sentenced to a term of incarceration.“ …”this case presents a factual scenario more akin to where an individual is not incarcerated at the time of the initial child support award.” State v. Porter, 259 Neb. 366, 610 N.W.2d 23 (2000) When earning capacity is used as a basis for an initial determination of child support under the Nebraska Child Support Guidelines, there must be some evidence that the parent is capable of realizing such capacity through reasonable effort. When an individual is incarcerated at the time initial child support is determined, the individual’s preincarceration earnings cannot be considered. Income “from all Sources…” Disposable income, defined. Disposable income shall mean that part of the income of any individual remaining after the deduction from such income of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to the Income Withholding for Child Support Act or those provisions of law allowing garnishment, attachment, or execution. Source: Laws 1985, Second Spec. Sess., LB 7, § 27. - 92 -
§43-1711 Income, defined. Income shall mean (1) compensation paid, payable, due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and dividends, and (2) any other income from whatever source derived. Source: Laws 1985, Second Spec. Sess., LB 7, § 31; Laws 1993, LB 523, § 13 Total Monthly Income is defined as the “income of both parties derived from all sources, except all means-tested public assistance benefits and payments received for children of prior marriages.” – Nebraska Child Support Guidelines, §4-204 A note about Military Pay and Benefits: Members of the military are often eligible for multiple types of pay, including base pay, BAS (Basic Allowance for Subsistence) and BAH (Basic Allowance for Housing). While base pay and other types of pay (incentive pay, enlistment bonuses, hardship duty pay, to name a few) are taxable income, BAH and BAS are not. See the following IRS publication for a complete breakdown: www.irs.gov/publications/p3/ar02.html#en_US_publink100095947 All veterans benefits, of whatever type or source, are tax EXEMPT. See www.military.com/veterans-report/veterans-benefits-not-taxable. These non-taxable benefits include education, training and subsistence allowances; disability compensation and pension payments for disabilities; grants for homes designed for wheelchair living; grants for motor vehicles for veterans who lost their sight or the use of their limbs; veterans' insurance proceeds and dividends; benefits under a dependentcare assistance program; and payments made under the compensated work therapy program. Tax information for members of the military is available on the IRS website. A link to DFAS and military pay charts is available here> www.dfas.mil/dfas.html Brockman v. Brockman, 264 Neb. 106, 646 N.W.2d 594 (2002) [F]ood stamps are means-tested public assistance benefits that are excluded from income pursuant to paragraph D of the Guidelines. Dueling v. Dueling, 257 Neb. 862, 601 N.W.2d 516 (1999) All income from employment, whether full time or part time, must be included in the initial calculation, which then becomes a rebuttable presumption of appropriate support. A parent who believes that the inclusion of certain income would be unjust or inappropriate may rebut the presumption by offering evidence in support of his or her position that a deviation from the guidelines is warranted for that reason. A determination of whether to include income from a second job should be made on a case-by-case basis, in the context of whether deviation from the guidelines by exclusion of such income is necessary to achieve a fair and equitable child support order. Relevant considerations include the previous history of employment, the qualifications for the second job, the extent to which the parent may be under employed in the primary job, the health of the individual, the needs of the family, the - 93 -
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Have a Wonderful Summer! Child Supp
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mult
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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Neb. Rev. Stat. § 7-105(2) (Reissu
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See Lehr v. Robertson, 463 U.S. 248
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their attorney of record and, excep
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State ex rel. Lemon v. Gale, 272 Ne
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disobedience as an essential elemen
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student loan that the noncustodial
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having jurisdiction to compel the s
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Drew on Behalf of Reed v. Reed, 16
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income, is to be considered in dete
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§ 48-802 - Statutes, General Rules
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from arriving on the scene, either
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In equity cases trial judges should
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Similarly, a party who does more th
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Common Law Marriages States that au
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Constitutional Issues/ Statutory In
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Little v. Streater, 452 U.S. 1, 101
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In re Interest of Thomas M., 282 Ne
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See Smeal Fire Apparatus Co. v. Kre
Page 47 and 48: Because a conditional commitment is
Page 49 and 50: obligation when he currently has an
Page 51 and 52: An order modifying child custody wh
Page 53 and 54: Haynes v. Haynes, 205 Neb. 35, 286
Page 55 and 56: Stuhr v. Stuhr, 240 Neb. 239, 481 N
Page 57 and 58: By failing to take the genetic test
Page 59 and 60: State on behalf of L.L.B. v. Hill,
Page 61 and 62: Due Process Conn v. Conn, 13 Neb. A
Page 63 and 64: or court order of emancipation or a
Page 65 and 66: Henderson v. Henderson, 264 Neb. 91
Page 67 and 68: they have income. There is no floor
Page 69 and 70: Lainson v. Lainson, 219 Neb. 170, 3
Page 71 and 72: Millatmal v. Millatmal, 272 Neb. 45
Page 73 and 74: 24A Am. Jur. 2d Divorce and Separat
Page 75 and 76: [T]he fact that [the custodial pare
Page 77 and 78: The same principles that apply with
Page 79 and 80: “[C]oncerns regarding the stigma
Page 81 and 82: (a) The interpretation of the suppo
Page 83 and 84: make the appointment. In other case
Page 85 and 86: Guidelines Issues (Including suffic
Page 87 and 88: Note: In July 2008 the Federal Chil
Page 89 and 90: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 91 and 92: Morrill County v. Darsaklis, 7 Neb.
Page 93 and 94: Any deviation from the guidelines m
Page 95 and 96: to also pay reimbursement for reaso
Page 97: or law of another state substantial
Page 101 and 102: Simpson v. Simpson, 275 Neb. 152, 7
Page 103 and 104: §42-364.09. Child support; withhol
Page 105 and 106: §43-1709. Employer or other payor,
Page 107 and 108: (6) That the employer or other payo
Page 109 and 110: income withholding for current supp
Page 111 and 112: Title IV-D Division of the Departme
Page 113 and 114: Held: The state was acting beyond i
Page 115 and 116: (3) Any juvenile…whose parent, gu
Page 117 and 118: proceeding or a new action. Since t
Page 119 and 120: State, Dept. of Social Services v.
Page 121 and 122: amount equal to the support due and
Page 123 and 124: Source: Laws 1975, LB 212, § 8; La
Page 125 and 126: The second is used in aid of an exe
Page 127 and 128: Halsted v. Halsted, 169 Neb. 325, 9
Page 129 and 130: Neb. Ct. R. § 4-217 Modification.
Page 131 and 132: she had sufficient resources to pro
Page 133 and 134: If applicable, earning capacity may
Page 135 and 136: Gress v. Gress, 274 Neb. 686, 743 N
Page 137 and 138: A district court may modify a regis
Page 139 and 140: Peter v. Peter, 262 Neb. 1017, 637
Page 141 and 142: See also: Wilkins v. Wilkins, 269 N
Page 143 and 144: Under certain circumstances, an ame
Page 145 and 146: A party seeking to modify a dissolu
Page 147 and 148: (2)The department, through its agen
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§ 43-1408.01 Notarized acknowledgm
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§43-1414. Genetic testing; procedu
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Carlson v. Bartels, 143 Neb. 680, 1
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as to the paternity of the minor ch
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Jones v. Paulson, 261 Neb. 327, 622
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in loco parentis to the child. See,
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(b) If the court orders income with
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enforcement, for example, we are fo
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ights of visitation. Later mother c
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Matchett v. Dunkle, 244 Neb. 639, 5
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Connecticut, the District of Columb
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In order to stand in loco parentis,
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Of particular interest is the requi
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Social Security (Also see Equity, E
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Calculate support this way: 1. Mom
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Spousal support, when used in the c
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punishment for sexual assault in th
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Hall v. Hall, 238 Neb. 686, 472 N.W
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interests of a child are served by
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§42-722. Private counsel. An indiv
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the following three conditions are
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Source: Laws 1993, LB 500, § 43 §
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Despite a basic difference in the n
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Conrad v. Conrad, 208 Neb. 588, 304
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Mace v. Mace, 13 Neb. App. 896, 703
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In re Interest of Chance J., 279 Ne
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per hour, two hour minimum. C. (1)
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(3) If, regardless of whether payme
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Rule 21 adopted April 16, 2008. Ren
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Nebraska Information System (NIS):
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web site: www.usmc-mccs.org/contact
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FIPS FPLS IRG IV-D JUSTICE MSFIDM N
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Child Support Enforcement - Sarpy County Nebraska

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