Child Support Enforcement - Sarpy County Nebraska

Statutes prescribing the manner of service of summons are mandatory and must
be strictly complied with. Service by certified mail is not sufficient when statute
required notice to be sent by first-class mail.
White v. Mertens, 225 Neb. 241, 404 N.W.2d 410 (1987)
Absent other statutory remedy, unwed father has recourse to declaratory
judgment statutes to establish parental rights. See §25-21,149 et seq.
Part II: Other Miscellaneous Cases:
Boyle v. Boyle, 12 Neb. App. 681, 684 N.W.2d 49 (2004)
When a document is ambiguous, the meaning of the document is a question of
fact and the trier of fact determines the intent of the parties from all the facts and
circumstances. The trier of fact's determination in this regard will be upheld on
appeal unless clearly erroneous.
Brockman v. Brockman, 264 Neb. 106, 646 N.W.2d 594 (2002)
Reasonable security for payment of child support under Neb. Rev. Stat. § 42-
371(6) should be invoked only when extraordinary circumstances require it.
Gordon v. Gordon, 231 Neb. 857, 438 N.W.2d 762 (1989)
It is axiomatic that under Nebraska law the right to receive child support
payments pursuant to a decree of dissolution is a property right of the custodial
parent. Neb. Rev. Stat. §42-364(4)(note: this statute has since been amended, see
§42-364(6) ). The custodial parent becomes a judgment creditor who may collect
or enforce the child support judgment by execution and the means authorized for
collection of money judgments.
Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)
Requiring a parent to pay a share of their child‘s daycare obligation is also
subject to paragraph R's basic subsistence limitation. It is an abuse of discretion
for a trial court to order a parent to pay a share of their child‘s day care expenses
if those costs will drive the parent below the poverty guidelines as set forth in
Paragraph R. of the child support guidelines.
increased financial obligations, like decreased income, also qualify as a change
in one's financial position. As a result, if (the NCP) is ever forced to pay for
daycare and his income is reduced below the poverty line as a result, Patrick
may seek a modification of the court's child support order.
In re Interest of Chance J., 279 Neb. 81, 776 N.W.2d 519 (2009)
Note: This opinion reverses a horrible opinion authored by the Nebraska Court of Appeals at 17
Neb. App. 645, 768 N.W.2d 472.
Children born to the parties in a marriage are presumed legitimate until proved
otherwise or decreed otherwise by the court.
A court may not properly deprive a parent of the custody of his or her minor child
unless the State affirmatively establishes that such parent is unfit to perform the
duties imposed by the relationship, or has forfeited that right. It is always the
State's burden to prove by clear and convincing evidence that the parent is unfit
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