Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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only if it shall find and determine that adequate provision is made for the support of the child and<br />
that the father shall have offered clear evidence of his willingness and ability to perform the<br />
agreement. The court, in its discretion, may require the father to furnish bond with proper<br />
sureties conditioned upon the performance of the settlement.<br />
Source: Laws 1941, c. 81, § 5, p. 323; C.S.Supp.,1941, § 43-705; ; R.S.1943, (1983), § 13-105.<br />
§ 43-1410 <strong>Child</strong> support; decree or approved settlement; effect after death of parent.<br />
Any judicially approved settlement or order of support made by a court having jurisdiction<br />
in the premises shall be binding on the legal representatives of the father or mother in the event<br />
of his or her death, to the same extent as other contractual obligations and judicial judgments or<br />
decrees.<br />
Source: Laws 1941, c. 81, § 10, p. 325; C.S.Supp.,1941, § 43-710; R.S.1943, (1983), § 13-110.<br />
§ 43-1705 <strong>Child</strong> support, defined.<br />
<strong>Child</strong> support shall mean support for one or more children.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 25<br />
§ 43-1716. <strong>Support</strong>, defined.<br />
<strong>Support</strong> shall mean the providing of necessary shelter, food, clothing, care, medical support,<br />
medical attention, education expenses, funeral expenses, or any other reasonable and necessary<br />
expense.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 36; Laws 1991, LB 457, § 24.<br />
Bird v. Bird, 205 Neb. 619, 288 N.W.2d 747 (1980)<br />
Hamm v. Hamm, 228 Neb. 294, 422 N.W.2d 336 (1988)<br />
While the cost of caring for a child is an important consideration in determining child<br />
support, equally important is the father‟s ability to make the payments. It is not<br />
advantageous to either party to place the payments for child support beyond the<br />
reach or capability of the father.<br />
Cammarata v. Chambers, 6 Neb. App. 467, 574 N.W.2d 530 (1998)<br />
A child support order may consist merely of an order for “no support.” Even if a<br />
court order provides that no support is due from either parent, that does not change<br />
the fact that there is an existing support order.<br />
<strong>County</strong> Attorney may not in such cases seek to obtain a support order for custodial<br />
parent under provisions of §43-512.03 (authorizing county attorney intervention to<br />
establish an order for child support where no order presently exists.)<br />
Davis v. Davis, 275 Neb 944, 750 N.W.2d 696 (2008)<br />
Facts: Post divorce, CP filed motion to force ex-husband to submit to a physical exam for<br />
purposes of CP obtaining a life insurance policy on NCP’s life, to ensure future child<br />
support/spousal support would be paid in event of NCPs death. Ex objected. Held: CP’s<br />
motion must fail as against public policy<br />
CP has an insurable interest in the NCP‘s life. But an insurable interest does not<br />
give her the right to own a policy on Henry‘s life without his consent. Section 44-704<br />
specifically requires adult insureds to consent to insurance policies on their lives<br />
unless they or their spouses are the owners of the policies.<br />
Citing Hopkins v. Hopkins, 328 Md. 263, 614 A.2d 96 (1992): the consent<br />
requirement serves two purposes: (1) It prevents wagering on human lives and (2) it<br />
protects human lives by removing the temptations and risks associated with other<br />
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