Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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the purpose of that litigation, all matters ruled upon, either expressly or by<br />
necessary implication.<br />
Medlock v. Medlock, 263 Neb. 666, 642 N.W.2d 113 (2002)<br />
A party cannot complain of error which that party has invited the court to commit.<br />
A party cannot ask a court to use income averaging for a certain number of years<br />
in modifying support, then object to the court when it averages income for a<br />
different set of years. See Willcock v. Willcock, 12 Neb. App. 422 (2004)<br />
Schroeder v. Schroeder, 223 Neb. 684, 392 N.W.2d 787 (1986)<br />
A plaintiff may enter a dismissal as a matter of right at any time before final<br />
submission of a case.<br />
Temporary orders perish at the moment the Plaintiff‘s suit ceases to exist.<br />
Smith v. Smith, 201 Neb. 21, 265 N.W.2d 855 (1978)<br />
1. Courts: Divorce: Infants: <strong>Child</strong> <strong>Support</strong>. Where a divorce decree provides for the<br />
payment of stipulated sums monthly for the support of a minor child or children,<br />
contingent only upon a subsequent order of the court, such payments become<br />
vested in the payee as they accrue. The courts are without authority to reduce<br />
the amounts of such accrued payments.<br />
2. Equity: Time. Where the obligation is clear and its essential character has not<br />
been changed by lapse of time, equity will enforce a claim of long standing as<br />
readily as one of recent origin, especially between the immediate parties to the<br />
litigation.<br />
3. Equity: Laches. The defense of laches prevails only when it has become<br />
inequitable to enforce the claimant‘s right, and it is not available to one who has<br />
caused or contributed to the cause of delay or to one who has had it within his<br />
power to terminate the action.<br />
4. Courts: <strong>Child</strong> <strong>Support</strong>: Estoppel. This court does not have authority to reduce<br />
past-due installments of child support. This is not to say, however, that it may not<br />
find in a proper case that a party has equitably estopped herself from collecting<br />
installments accruing after some affirmative action which would ordinarily<br />
terminate future installments.<br />
5. Estoppel: Equity: Public Policy. Equitable estoppel is based upon grounds of<br />
public policy and good faith and is interposed to prevent injustice and inequitable<br />
consequences. Ordinarily, there must be a reliance in good faith upon statements<br />
or conduct of the party to be estopped and a change of position by the party<br />
claiming the estoppel to his injury, detriment, or prejudice.<br />
Thornton v. Thornton, 13 Neb. App. 912, 704 N.W.2d 243 (2005)<br />
Service of Process: Notice. Pursuant to Neb. Rev. Stat. §25-517.02 (Reissue<br />
1995), upon motion and showing by affidavit that service cannot be made with<br />
reasonable diligence by any other method provided by statute, the court may<br />
permit service to be made (1) by leaving the process at the defendant‘s usual<br />
place of residence and mailing a copy by first-class mail to the defendant‘s lastknown<br />
address, (2) by publication, or (3) by any manner reasonably calculated<br />
under the circumstances to provide the party with actual notice of the<br />
proceedings and an opportunity to be heard.<br />
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