Child Support Enforcement - Sarpy County Nebraska

attorney general has decided that the Old Line State will also recognize such marriages when
performed elsewhere. In addition, eight states:
California, Connecticut, Delaware, Hawaii, Iowa, Maine, Massachusetts, N.H., N.J.,
Nevada, Oregon, Vermont and Washington State, have approved full civil union legislation that
has many (or all) of the same effects of marriage for same sex (and in some instances opposite
sex) couples. California’s Supreme Court ruled in May, 2009 that while the voters could restrict
the word “marriage” to unions of one man and one woman, homosexual couples must be
afforded all the rights and privileges associated with the institution of marriage, just under
another name, such as “civil union.”
No one really knows how that will play out on an interstate basis. In addition, about two
dozen foreign nations recognize either same sex civil unions or marriages, or both (this number
seemingly increases by the month). Argentina, Belgium, Canada, Iceland, the Netherlands,
Norway, Portugal, South Africa, Spain, Sweden and portions of Mexico apply their marriage
laws equally to all citizens. A list of nations that Nebraska maintains reciprocity with can be
found under the “Reciprocity” subject heading.
The reader is advised to verify the status of any same sex marriage or civil union
performed outside Nebraska through independent sources, as this is the most fluid area of family
law at the present time.
Hills v. State, 61 Neb. 589, 85 N.W. 836 (1901)
If marriage is valid where celebrated, it is valid in this state.
Second Families/Step-parents
Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001)
We conclude that there is no precise mathematical formula applicable to situations
where a court deviates from the guidelines when children from subsequent
relationships are involved. Subsequent familial relationships vary widely from case to
case. When a deviation from the guidelines is appropriate, the trial court should
consider both parents‘ support obligations to all children involved in the
relationships. In considering the obligation to those subsequent children, the trial
court should take into consideration the income of the other parent of these children
as well as any other equitable considerations.
We hold that the specific formula for making such calculations is left to the discretion
of the trial court, as long as the basic principle that both families are treated as fairly
as possible is adhered to. We again emphasize that the trial court shall include the
appropriate worksheets with its order and provide in its order the amount of support
that would have been required under the guidelines absent a deviation. We further
emphasize the importance of providing the methods used when calculating a
deviation by showing this either on the worksheets or in the order.
Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)
This case is a great example of how courts struggle to sort through issues relating to children
of second families. In this case, the child for whom support was ordered is one of the custodial
parent’s children. The child was born during the marriage of the CP, but is not the husband’s
child. Likewise, the obligated parent was married to someone else, and has other children, born
both before and after the child at issue.
Although this is not a multiple-family case based on a remarriage, it is about as
complex a multifamily situation as we can imagine.
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