Child Support Enforcement - Sarpy County Nebraska

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State on Behalf of Hopkins v. Batt, 253 Neb. 852, 573 N.W.2d 425 (1998) We have construed § 43-1411 as a means by which the State, in its parens patriae role, may bring a paternity action on behalf of a minor child for future support. …In contrast to § 43-512.03, the State's right to sue under this section is not conditioned upon the payment of public assistance benefits for the minor child. §43-1411.01. Paternity or parental support; jurisdiction; termination of parental rights; provisions applicable. (1) An action for paternity or parental support under sections 43-1401 to 43-1418 may be initiated by filing a complaint with the clerk of the district court as provided in section 25-2740. Such proceeding may be heard by the county court or the district court as provided in section 25-2740. A paternity determination under sections 43-1411 to 43-1418 may also be decided in a county court or separate juvenile court if the county court or separate juvenile court already has jurisdiction over the child whose paternity is to be determined. (2) Whenever termination of parental rights is placed in issue in any case arising under sections 43-1401 to 43-1418, subsection (5) of section 42-364 and the Parenting Act shall apply to such proceedings. Source: Laws 1997, LB 229, § 38; Laws 1998, LB 1041, § 46; ; Laws 2004, LB 1207, § 40; ; Laws 2008, LB1014, § 46.; Operative date Operative date April 17, 2008 §43-1412 Paternity; action to establish; procedure; public hearings prohibited; evidence; default judgment; decree; payment of costs and fees. (1) The method of trial shall be the same as that in other civil proceedings, except that the trial shall be by the court without a jury unless a jury is requested (a) by the alleged father, in a proceeding instituted by the mother or the guardian or next friend, or (b) by the mother, in a proceeding instituted by the alleged father. It being contrary to public policy that such proceedings should be open to the general public, no one but the parties, their counsel, and others having a legitimate interest in the controversy shall be admitted to the courtroom during the trial of the case. The alleged father and the mother shall be competent to testify. The uncorroborated testimony (i) of the mother, in a proceeding instituted by the mother or the guardian or next friend, or (ii) of the alleged father, in a proceeding instituted by the alleged father, shall not alone be sufficient to support a verdict or finding that the alleged father is actually the father. Refusal by the alleged father to comply with an order of the court for genetic testing shall be deemed corroboration of the allegation of paternity. A signed and notarized acknowledgment of paternity or a certified copy or certified reproduction thereof shall be admissible in evidence in any proceeding to establish paternity without the need for foundation testimony or other proof of authenticity or accuracy. If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child. (2) A default judgment shall be entered upon a showing of service and failure of the defendant to answer or otherwise appear. (3) If a judgment is entered under this section declaring the alleged father to be the father of the child, the court shall retain jurisdiction of the cause and enter such order of support, including the amount, if any, of any court costs and attorney’s fees which the court in its discretion deems appropriate to be paid by the father, as may be proper under the procedure and in the manner specified in section 43-512.04. If it is not determined in the proceeding that the alleged father is actually the father of the child, the court shall, if it finds that the action was frivolous, award court costs and attorney’s fees incurred by the alleged father, with such costs and fees to be paid by the plaintiff. - 138 -
(4) All judgments under this section declaring the alleged father to be the father of the child shall include the father’s social security number. The social security number of the declared father of the child shall be furnished to the clerk of the district court in a document accompanying the judgment. Source: Laws 2006, LB 1113, § 41. §43-1414. Genetic testing; procedure; confidentiality; violation; penalty. It’s a floor cleaner…and a dessert topping. It contains civil AND criminal sanctions! (1) In any proceeding to establish paternity, the court may, on its own motion, or shall, on a timely request of a party, after notice and hearing, require the child, the mother, and the alleged father to submit to genetic testing to be performed on blood or any other appropriate genetic testing material. Failure to comply with such requirement for genetic testing shall constitute contempt and may be dealt with in the same manner as other contempts. … (8) Any person convicted of violating this section shall be guilty of a Class IV misdemeanor for the first offense and a Class III misdemeanor for the second or subsequent offense. Source: Laws 1984, LB 845, § 1; ; Laws 1994, LB 1224, § 61; ; Laws 1997, LB 752, § 103; ; Laws 2001, LB 432, § 9; ; Laws 2007, LB296, § 129.; Operative date July 1, 2007 §43-1415 Results of genetic tests; admissible evidence; rebuttable presumption. (1) The results of the tests, including the statistical probability of paternity, shall be admissible evidence and, except as provided in subsection (2) of this section, shall be weighed along with other evidence of paternity. (2) When the results of tests, whether or not such tests were ordered pursuant to section 43- 1414, show a probability of paternity of ninety-nine percent or more, there shall exist a rebuttable presumption of paternity. (3) Such evidence may be introduced by verified written report without the need for foundation testimony or other proof of authenticity or accuracy unless there is a timely written request for personal testimony of the expert at least thirty days prior to trial. Source: Laws 1994, LB 1224, § 62. § 43-1417 Additional genetic testing; when. If the result of genetic testing or the expert’s analysis of inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that additional testing be done by the same laboratory or an independent laboratory at the expense of the party requesting additional testing. Source: Laws 1984, LB 845, § 4 Distinguish these paternity statutes, which are based upon equity, with inheritance statutes, such as… § 30-2309 For purposes of intestate succession…a person born out of wedlock is a child of the mother. That person is also a child of the father, if: .... the paternity is established by an adjudication before the death of the father or is established thereafter by strict, clear and convincing proof. The burden of proof is different in inheritance law, but in effect paternity can be proven after the death of the father under inheritance statutes. This does not mean you can successfully file a paternity action against a deceased putative father. You may not! See Carlson v. Bartels, below. - 139 -
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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
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Millatmal v. Millatmal, 272 Neb. 45
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24A Am. Jur. 2d Divorce and Separat
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the tax exemptions. [The noncustodi
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obligation, should generally apply
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―[C]oncerns regarding the stigma
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(3) The court shall apply the statu
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(d) If, at any time in the proceedi
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Birth related medical expenses rema
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Brockman v. Brockman, 264 Neb. 106,
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Daycare and medical reimbursement o
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equired by the guidelines. Such req
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health care coverage to be provided
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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 and 118: § 43-3319 License holder; motion o
Page 119 and 120: distributions to the judgment for $
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: §43-1406 Determination of paternit
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
Page 169 and 170: Ward v. Ward, 7 Neb. App. 821, 585
Page 171 and 172: specifically finds that conformity
Page 173 and 174: [A] petition to modify alimony will
Page 175 and 176: Hall v. Hall, 238 Neb. 686, 472 N.W
Page 177 and 178: interests of a child are served by
Page 179 and 180: Source: Laws 1993: LB 500, § 22.
Page 181 and 182: seeks modification in the respondin
Page 183 and 184: § 42-745 Effect of registration fo
Page 185 and 186: … First, we properly look to the
Page 187 and 188: Neither of the parties is authorize
Page 189 and 190: the purpose of that litigation, all
Page 191 and 192: and that the child's best interests
Page 193 and 194: 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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