Child Support Enforcement - Sarpy County Nebraska

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certified mail no later than ten days before the date of hearing. If the court finds that the release or subordination is not requested for the purpose of avoiding payment and that the release or subordination will not unduly reduce the security, the court may issue an order releasing real or personal property from the judgment lien or issue an order subordinating the judgment lien. As a condition for such release or subordination, the court may require the posting of a bond with the clerk in an amount fixed by the court, guaranteeing payment of the judgment. For purposes of this section, a current certified copy of support order payment history from the Title IV-D Division of the Department of Health and Human Services setting forth evidence that all support payments are current is prima facie evidence that such payments are in fact current and is valid for thirty days after the date of certification; (4) Full faith and credit shall be accorded to a lien arising by operation of law against real and personal property for amounts overdue relating to a support order owed by an obligor who resides or owns property in this state when another state agency, party, or other entity seeking to enforce such lien complies with the procedural rules relating to the filing of the lien in this state. The state agency, party, or other entity seeking to enforce such lien shall send a certified copy of the support order with all modifications, the notice of lien prescribed by 42 U.S.C. 652(a)(11) and 42 U.S.C. 654(9)(E), and the appropriate fee to the clerk of the district court in the jurisdiction within this state in which the lien is sought. Upon receiving the appropriate documents and fee, the clerk of the district court shall accept the documents filed and such acceptance shall constitute entry of the foreign support order for purposes of this section only. Entry of a lien arising in another state pursuant to this section shall result in such lien being afforded the same treatment as liens arising in this state. The filing process required by this section shall not be construed as requiring an application, complaint, answer, and hearing as might be required for the filing or registration of foreign judgments under the Nebraska Uniform Enforcement of Foreign Judgments Act or the Uniform Interstate Family Support Act; (5) Support order judgments shall cease to be liens on real or registered personal property ten years from the date (a) the youngest child becomes of age or dies or (b) the most recent execution was issued to collect the judgment, whichever is later, and such lien shall not be reinstated; (6)… (7) The court may in any case, upon application or its own motion, after notice and hearing, order a person required to make payments to post sufficient security, bond, or other guarantee with the clerk to insure payment of both current and any delinquent amounts. Upon failure to comply with the order, the court may also appoint a receiver to take charge of the debtor's property to insure payment. Any bond, security, or other guarantee paid in cash may, when the court deems it appropriate, be applied either to current payments or to reduce any accumulated arrearage; (8) … (9) Any lien authorized by this section against personal property registered with any county consisting of a motor vehicle or mobile home shall attach upon notation of the lien against the motor vehicle or mobile home certificate of title and shall have its priority established pursuant to the terms of section 60-164 or a subordination document executed under this section. Source: Laws 2008, LB1014, § 35. Operative Date: April 17, 2008 Doksansky v. Norwest Bank Neb., 260 Neb. 100, 615 N.W.2d 104 (2000) also see Smith v. Smith, 246 Neb. 193, 517 N. W. 2d 394 (1994) Underlying Facts: Two cases involving the same family. In Smith the court ruled that the CP could not utilize a garnishment procedure to compel payments from the trusts for the purpose of satisfying a child support arrearage. In Dokansky the same CP attempted to petition for an equitable assets creditor's bill against cotrustees, which would require application of future trust - 112 -
distributions to the judgment for $93,000 in child support arrearages. The CP was the principal beneficiary of all of these trusts, which totaled $600,000 in value. She again failed, because the NCP had no control as to when trust money was to be distributed to him. This proved fatal to the efforts of the CP to collect $93,000 is child support arrears. A creditor's suit or bill is generally defined as "an equitable proceeding brought by a creditor to enforce the payment of a debt out of property or interests of his debtor which cannot be reached by ordinary legal process." 21 Am. Jur. 2d Creditors' Bills § 1 at 6 (1998). "A creditor's bill is in the nature of an equitable execution," and its purpose is to "bring into exercise the equitable powers of the court to enforce the satisfaction of judgments by means of equitable execution" when execution at law cannot be obtained. Id., § 2 at 7. In Nebraska, a creditor's bill is statutorily authorized by Neb. Rev. Stat. § 25-1564 (Reissue 1995), which provides: Where a judgment debtor has not personal or real property subject to levy on execution, sufficient to satisfy the judgment, any interest which he may have in any banking, turnpike, bridge, or other joint-stock company, or any interest he may have in any money, contracts, claims or choses in action, due or to become due to him, or in any judgment or decree, or any money, goods or effects which he may have in possession of any person, body politic or corporate, shall be subject to the payment of such judgment by proceedings in equity, or as in this chapter prescribed. Nebraska recognizes two types of creditor's bills. The first is used to reach equitable assets or property of a debtor on which execution at law cannot be levied. The second is used in aid of an execution at law, as to set aside an encumbrance or a transfer of property made to defraud creditors. There are three requirements for an equitable assets creditor's bill. First, the creditor must have a judgment against the debtor: second, the creditor must "`allege and show that he has exhausted his remedy at law,'" i.e., the creditor must show that execution has not satisfied the judgment: and finally, the debtor must have some interest in property that the creditor is unable to reach through execution. The dispositive issue here is whether [the NCP‘s] beneficial interest in the discretionary support trusts is an "interest in property" which may be reached by an equitable assets creditor's bill to satisfy [the CP‘s] judgment for child support arrearage. [W]e held that an equitable assets creditor's bill may reach a judgment debtor's beneficial interest in a resulting trust which came into being because of the debtor's failed attempt to dispose of real estate by inter vivos trust, reasoning that the debtor remained the equitable owner of property which could be used to satisfy the judgment. We have also held that a debtor's contingent interest as an heir in an estate under administration may be reached by an equitable assets creditor's bill, reasoning that while such interest was contingent, it was still an interest in property which was not exempt from being applied to the payment of the debt. Our jurisprudence is consistent with the following statement of the general rule for determining whether a beneficiary's interest in a trust created by a third party is a property interest which may be reached by an equitable assets creditor's bill: [I]n order for equity to subject to the claims of creditors the interest of the beneficiary, it is essential that it be such an interest as could be enforced by the beneficiary himself: creditors cannot reach the beneficiary's interest if the trustee has complete discretion not only as to the time and manner of conferring the intended benefit but also as to whether it shall be conferred at all, or if disbursements are restricted to such - 113 -
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Happy 2012! In The News: Unicameral
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Table of Contents:* * (accessible v
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Table of Contents (continued): Pare
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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appear to him [or her] legal and ju
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―the Court draws a distinction be
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otherwise provided in sections 25-2
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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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only if it shall find and determine
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Emery v. Moffett, 269 Neb. 867, 697
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$60,000+ in retro support for 17 ye
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month by said clerk in cases in whi
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concerning the proceedings in the a
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Minimum Contacts. An act of sexual
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[UIFSA] Section 42-742(a)(5) clearl
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In the case of People v. Lucero, 74
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A court may not impose punishment
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Contempt What follows is a discussi
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waived sovereign immunity, the juve
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A parent has no right to insist upo
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usiness realities, the amount of th
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9, of the Nebraska Constitution, bo
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Drew on Behalf of Reed v. Reed, 16
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Absent circumstances which justify
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Welch v. Welch, Jr., 246 Neb. 435,
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guardian ad litem to represent the
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Clymer v. La Velle, 194 Neb. 91, 23
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Duty to Support; Duration of Suppor
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Finnern v. Bruner, 167 Neb. 281, 92
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Henke v. Guerrero, 13 Neb. App. 337
Page 67 and 68: Millatmal v. Millatmal, 272 Neb. 45
Page 69 and 70: 24A Am. Jur. 2d Divorce and Separat
Page 71 and 72: the tax exemptions. [The noncustodi
Page 73 and 74: obligation, should generally apply
Page 75 and 76: ―[C]oncerns regarding the stigma
Page 77 and 78: (3) The court shall apply the statu
Page 79 and 80: (d) If, at any time in the proceedi
Page 81 and 82: Birth related medical expenses rema
Page 83 and 84: Brockman v. Brockman, 264 Neb. 106,
Page 85 and 86: Daycare and medical reimbursement o
Page 87 and 88: equired by the guidelines. Such req
Page 89 and 90: health care coverage to be provided
Page 91 and 92: Given that the agreement sets forth
Page 93 and 94: Newer Case Law re. Incarceration an
Page 95 and 96: Dueling v. Dueling, 257 Neb. 862, 6
Page 97 and 98: has no control over should not be c
Page 99 and 100: Any employer who shall fail or refu
Page 101 and 102: §43-1718.01. Obligor; subject to i
Page 103 and 104: such notice bears to the total amou
Page 105 and 106: forward the child support payment.
Page 107 and 108: Servicemembers Civil Relief Act of
Page 109 and 110: Judgments (see also Jurisdiction) 2
Page 111 and 112: (3) The individual resided with the
Page 113 and 114: ―in a proceeding under the Nebras
Page 115 and 116: Juvenile Court Many headaches are c
Page 117: § 43-3319 License holder; motion o
Page 121 and 122: appellate court tries factual quest
Page 123 and 124: Note: In response to a new federal
Page 125 and 126: §43-512.14. Title IV-D child suppo
Page 127 and 128: adduce evidence of any inequity tha
Page 129 and 130: Non-custodial parent who lost high
Page 131 and 132: Lamb v. Lamb, 14 Neb. App. 337, 707
Page 133 and 134: trouble at work and resigned his jo
Page 135 and 136: Riggs v. Riggs, 261 Neb. 344, 622 N
Page 137 and 138: not, under the circumstances presen
Page 139 and 140: Wilson v. Wilson, 19 Neb. App. 103,
Page 141 and 142: §43-512. Application for assistanc
Page 143 and 144: §43-1406 Determination of paternit
Page 145 and 146: (4) All judgments under this sectio
Page 147 and 148: Carlson v. Bartels, 143 Neb. 680, 1
Page 149 and 150: as to the paternity of the minor ch
Page 151 and 152: Snodgrass v. Snodgrass, 241 Neb. 43
Page 153 and 154: Quirks, Oddities and other Practice
Page 155 and 156: Note: Additional resources relating
Page 157 and 158: egular contact with the child. Comp
Page 159 and 160: Cooper v. Cooper, 8 Neb. App. 532,
Page 161 and 162: into or born into these relationshi
Page 163 and 164: Moore v. Bauer, 11 Neb. App. 572, 6
Page 165 and 166: parents; child support; termination
Page 167 and 168: (B) the servicemember has a meritor
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Ward v. Ward, 7 Neb. App. 821, 585
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specifically finds that conformity
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[A] petition to modify alimony will
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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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Source: Laws 1993: LB 500, § 22.
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seeks modification in the respondin
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§ 42-745 Effect of registration fo
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… First, we properly look to the
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Neither of the parties is authorize
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the purpose of that litigation, all
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and that the child's best interests
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D. Unless otherwise agreed to, inte
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(E) Any order for support presented
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Unicameral Update (A daily report o
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services. Under LB 288, cash medica
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BAH FAQ - http://perdiem.hqda.penta
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Daily Legal Newswire - www.law.com/
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Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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