Child Support Enforcement - Sarpy County Nebraska

State o/b/o Pathammavong v. Pathammavong, 268 Neb. 1, 679 N.W.2d 749 (2004)
When a party owes past-due child support, the failure to pay must be found to be a
willful failure to pay, in spite of an ability to pay, before an application to modify child
support may be dismissed on the basis of unclean hands.
Voichoskie v. Voichoskie, 215 Neb. 775, 340 N.W.2d 442 (1983)
Conduct which forms a basis for a finding that a party has ―unclean hands‖ must be
willful in nature.
Citing 1 Pomeroy, Equity Jurisprudence (3d ed.) sec. 397: ‗Whenever a party,
who, as actor, seeks to set the judicial machinery in motion and obtain some
remedy, has violated conscience, or good faith, or other equitable principle, in his
prior conduct, then the doors of the court will be shut against him in limine; the court
will refuse to interfere on his behalf, to acknowledge his right, or to award him any
remedy.‘
Visitation Credits
§ 4-210 of the guidelines provides in part:
Visitation or parenting time adjustments or direct cost sharing should be specified in the
support order. An adjustment in child support may be made at the discretion of the court when
visitation or parenting time substantially exceeds alternating weekends and holidays and 28 days
or more in any 90-day period. During visitation or parenting time periods of 28 days or more in
any 90-day period, support payments may be reduced by up to 80 percent. The amount of any
reduction for extended parenting time shall be specified in the court’s order and shall be
presumed to apply to the months designated in the order.
An online Visitation Credit form is available at:
www.sarpy.com/childsupport/documents/AffidavitforSummerVisitationCredit07.pdf
Miscellaneous
Part I: Cases addressing Miscellaneous Civil, Technical & “Housekeeping”
Related rules and issues
Andersen v. American Family Mut. Ins. Co., 249 Neb. 169, 542 N.W.2d 703
(1996),
Unless otherwise provided by order of the district court, a term of court begins
on January 1 of a given year and ends on December 31 of that same year.
Berg v. Hayworth, 238 Neb 527, 471 N.W.2d 435 (1991)
Child support payments are a vested right of the payee in a dissolution action as
they accrue, and such payments may be changed only by modification of the
decree.
Conrad v. Conrad, 208 Neb. 588, 304 N.W.2d 674 (1981)
Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980)
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