Child Support Enforcement - Sarpy County Nebraska

(B) the servicemember has a meritorious or legal defense to the action or some
part of it.
(2) TIME FOR FILING APPLICATION- An application under this subsection must be
filed not later than 90 days after the date of the termination of or release from military
service.
Source: http://usmilitary.about.com/od/sscra/l/blscra201.htm
Carmicheal v. Rollins, 280 Neb. 59, 783 N.W. 2d 763 (June 2010)
This case sets forth exactly what a servicemember must demonstrate - and how they must go
about demonstrating – that they are entitled to a stay of court proceedings.
One of the articulated purposes of the Servicemembers Civil Relief Act, 50 U.S.C.
app. § 501et seq. (2006), is to provide for the temporary suspension of judicial and
administrative proceedings and transactions that may adversely affect the civil rights
of servicemembers during their military service.
The Servicemembers Civil Relief Act, 50 U.S.C. app. § 501et seq. (2006), is
intended to strengthen and expedite the national defense by enabling persons in the
military service to devote their entire energy to the defense needs of the nation.
The protections afforded by the Servicemembers Civil Relief Act, 50 U.S.C. app. §
501et seq. (2006), are intended to be far ranging, applying to any judicial or
administrative proceeding commenced in any court or agency in any jurisdiction
subject to this act.
A request for a stay, or the grant of a stay, does not affect whether a court has
jurisdiction.
We have held that a proceeding regarding custody determinations is a special
proceeding. However, we have not previously addressed whether the denial of a
stay under the SCRA is an order affecting a substantial right. We find that it is.
The grant of temporary custody and child support …is not a final order.
Social Security
(Also see Equity, Equitable Estoppel)
Often times we run into situations where a parent is disabled and either seeking social
security disability benefits or has qualified for the benefits. Sometimes the fact that a dependent
child is receiving (or is eligible to receive) benefits through SSA becomes relevant to our court
work. Below is a thumbnail primmer on the topic, as well as some relevant appellate case law.
There are two types of social security benefits: Social Security Disability Insurance,
SSDI and Supplemental Security Income, SSI. SSI is a needs based disability program.
See generally www.ssa.gov/disability/professionals/bluebook/general-info.htm
Under the Social Security disability insurance program (title II of the Act), there are three
basic categories of individuals who can qualify for benefits on the basis of disability:
A disabled insured worker under full retirement age.
An individual disabled since childhood (before age 22) who is a dependent of a parent
entitled to title II disability or retirement benefits or was a dependent of a deceased
insured parent.
A disabled widow or widower, age 50-60 if the deceased spouse was insured under
Social Security.
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