Child Support Enforcement - Sarpy County Nebraska

$60,000+ in retro support for 17 years, citing mother’s promise not to come after him for support
in return for him staying away from his child. Held: Dad must pay the retro support.
A private agreement between parents that would deprive a child of support from one
parent contravenes the public policy of this state.
[B]ecause the right to support belonged to [the child], any agreement made or
actions taken by [the mother] would not be the basis for equitable estoppel in this
paternity and child support action brought by the State on the child‘s behalf.
Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)
The power of a court to suspend child support should be exercised only as a last
resort or where it is apparent that to do so affords the only remedy that can
reasonably be expected to fit the mischief.
A court may suspend child support payments when the custodial parent deprives
the noncustodial parent of visitation and there is no showing that the children are
in need.
Wood v. Wood, 266 Neb. 580, 667 N.W.2d 235 (2003)
Although this section does not permit a district court in a dissolution action to order
child support beyond the age of majority, the district court has the authority to
enforce the terms of an approved settlement which may include an agreement to
support a child beyond the age of majority.
Choice of Law – UIFSA
A good discussion on the issue of Choice of Law under UIFSA is had in the case of
Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)
Once Nebraska assumes continuing, exclusive jurisdiction and becomes the issuing
state under § 42-746, the substantive law of Nebraska governs the nature, extent,
amount and duration of current payments and other obligations of support.
Civil Procedure, Civil Process & Related
(See also Appellate Practice, Jurisdiction and Miscellaneous. Visit the Supreme Court website‘s
Rules link for updates on court rules for all courts)
§ 25-217 Action; commencement; defendant not served; effect.
An action is commenced on the date the complaint is filed with the court. The action shall
stand dismissed without prejudice as to any defendant not served within six months from the date
the complaint was filed.
§25-309. Suit against infant; guardian for suit; when appointed; exception.
Except as provided by the Nebraska Probate Code, the defense of an infant must be by a
guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by
a judge thereof, or by a county judge. The appointment cannot be made until after service of the
summons in the action as directed by this code.
Source: R.S.1867, Code § 38, p. 399; R.S.1913, § 7590; C.S.1922, § 8533; C.S.1929, § 20-309;
R.S.1943, § 25-309; Laws 1975, LB 481, § 12.
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