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Child Support Enforcement - Sarpy County Nebraska

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There should be no need to ―modify‖ a support order each time an adjustment in the<br />

conversion rate is necessary. Just spell out in the original order in your court that there will be<br />

periodic currency conversion adjustments (spell out when those will occur), and the manner in<br />

which those adjustments will occur. You may need to submit to the clerk of court for filing a<br />

statement of the changed currency conversion ratio each time a conversion is to take place.<br />

Remarriage<br />

Insanity: doing the same thing over and over again and expecting a different result.<br />

- Albert Einstein<br />

§ 42-358.04. Delinquent permanent child support payments; remarriage; effect.<br />

Remarriage of the person entitled to collect under a permanent child support decree shall not<br />

work to cut off delinquent payments due under such decree.<br />

Source: Laws 1975, LB 212, § 6<br />

Hildebrand v. Hildebrand, 239 Neb. 605, 477 N.W.2d 1 (1991)<br />

In case this point wasn’t self evident….<br />

Citing In re Marriage of Root, 774 S.W.2d 521 (Mo. App. 1989):<br />

It would be absurd to hold that once parents remarry each other and the<br />

family is again intact and residing in the same household, the former<br />

noncustodial parent must pay future installments of child support to the<br />

other parent per the past divorce decree. That is to say, the remarriage<br />

should terminate the former noncustodial parent's duty to pay any child<br />

support that would have become due after the remarriage.<br />

[O]nce parties remarry, the former child support order is moot, while any<br />

deficiencies prior to the marriage are collectible.<br />

Removal of minor child from <strong>Nebraska</strong><br />

From this author’s many years of experience, it seems that a great many custodial parents<br />

simply don’t understand that once a <strong>Nebraska</strong> court takes jurisdiction over their minor child(ren)<br />

and sets an order of custody, visitation and/or child support, the minor child may not be removed<br />

from <strong>Nebraska</strong> (other than for short vacations and the like) without first securing the permission of<br />

the court. Permission is not an automatic thing, either…. See below. Courts take a very dim view<br />

of parents who secrete their children out of <strong>Nebraska</strong> without first receiving court permission. <strong>Child</strong><br />

support may be judicially halted when such incidents are brought to the attention of the court. It is<br />

imperative for child support attorneys to convey this information to custodial parents. As an officer<br />

of the court, a IV-D attorney should consider whether to participate in a request to modify support<br />

when it is discovered that a child has been removed from the court’s jurisdiction without<br />

authorization.<br />

Note, this set of rules only applies to “custodial” parents. Parents who have possession of their<br />

child but not legal custody are not governed accordingly.<br />

Farnsworth v. Farnsworth, 257 Neb. 242, 597 N.W.2d 592 (1999)<br />

Of all the disputes that courts are called upon to resolve, parental relocation cases<br />

such as this one are among the most complicated and troubling. That is because the<br />

interests of the custodial parent, who often has legitimate, sound reasons for<br />

wanting to move to a distant state, are mutually exclusive to the interests of the<br />

noncustodial parent, who commonly has a compelling desire to continue frequent,<br />

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