Child Support Enforcement - Sarpy County Nebraska

State on Behalf of Joseph F. v. Rial, 251 Neb. 1, 554 N.W.2d 769 (1996)
A district court retains jurisdiction for orders regarding child support
notwithstanding the fact that a paternity determination is on appeal.
State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990)
If a father and mother were still married* when the child was conceived, the child is
their legitimate offspring, and he or she is a product of their marriage, even if they
later divorce before the child is born.
* before the divorce becomes final
State v. Cummings, 2 Neb. App. 820, 515 N.W.2d 680 (1994)
Where a defendant is in default, the allegations of the petition are to be taken as
true against him, except allegations of value and amount of damage, and if the
petition states a cause of action, the plaintiff is entitled to judgment without proof
except as to the quantum of damages. (Paternity corroboration language in §43-
1412 does not override basic default rule)
State v. Yelli, 247 Neb. 785, 530 N.W.2d 250 (1995)
In a civil action, only a preponderance of the evidence is necessary to sustain the
establishment of paternity.
Younkin v. Younkin, 221 Neb. 134, 375 N.W.2d 894 (1985)
A fundamental fact necessary to sustain an order of child support is paternity by the
man judicially obligated to pay such support.
Priority of Payments
§ 42-358.02. Delinquent child support payments, spousal support payments, and medical
support payments; interest; rate; report; Title IV-D Division; duties.
(1) . . .
. . .
(4) Support order payments shall be credited in the following manner:
(a) First, to the payments due for the current month in the following order: Child support
payments, then spousal support payments, and lastly medical support payments;
(b) Second, toward any payment arrearage owing, in the following order: Child support
payment arrearage, then spousal support payment arrearage, and lastly medical support payment
arrearage; and
(c) Third, toward the interest on any payment arrearage, in the following order: Child
support payment arrearage interest, then spousal support payment arrearage interest, and lastly
medical support payment arrearage interest.
(5) Interest which may have accrued prior to September 6, 1991, shall not be affected or
altered by changes to this section which take effect on such date. All delinquent support order
payments and all decrees entered prior to such date shall draw interest at the effective rate as
prescribed by this section commencing as of such date.
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