Child Support Enforcement - Sarpy County Nebraska

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§ 25-503.01 Summons (1) The summons shall be directed to the defendant or defendants, and contain the names of the parties and the name and address of the plaintiff’s attorney, if any, otherwise the address of the plaintiff. It shall notify defendant that in order to defend the lawsuit an appropriate written response shall be filed with the court within thirty days after service, and that upon failure to do so the court may enter judgment for the relief demanded in the complaint. (2) A judgment by default shall not be different in kind from that demanded in the complaint. If only special damages are demanded a judgment by default shall not exceed the amount demanded in the complaint. Source: Laws 1983, LB 447, § 20; Laws 2002, LB 876, § 13 § 25-2211 …If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he or she is entitled to, on the defendant’s default, on or after the day on which the action is set for trial. … § 48-802 – Statutes, General Rules of Construction. Explains what “may” and “shall” and other fun words mean when used in the law. The “divisibility doctrine”… A decree of divorce granted on constructive or substituted service of process may be divisible, that is, entitled to full faith and credit in other jurisdictions as far as it affects the marital status, and ineffective on other issues; but a decree based on personal service of process must be recognized as valid for all purposes. 27C C.J.S. Divorce § 787 at 465 (1986) See also: Harvey v. Harvey, 6 Neb. App. 524, 575 N.W.2d 167 (1998) Starr v. King, 234 Neb. 339, 451 N.W.2d 82 (1990) State on Behalf of A.E. v. Buckhalter, 273 Neb. 443, 730 N.W.2d 340 (2007) Supreme Court Rule § 6-1504. Domestic relations cases. (A) All applications for temporary custody, support, and maintenance shall comply with Nebraska statutes. (B) All applications for temporary support and allowances shall be determined without testimony upon argument and affidavits setting forth information required by Nebraska Child Support Guidelines and Nebraska statutes. (C) A properly completed Department of Health Bureau of Vital Statistics form shall be filed with each petition for dissolution of marriage, and no decree will be entered unless each form is completed in full. (D) If any case contains an order or judgment for child or spousal support, or for the payment of medical expenses, the order shall include the following statements: (1) Delinquent child or spousal support shall accrue interest at the following rate: (insert the rate in effect on judgments as published in the applicable issue of the Nebraska Advance Sheets). (2) If immediate income withholding is not required by law to be ordered in a case and is not so ordered, the following statement shall be included: In the event the obligor fails to pay any child support, spousal support, or other payment ordered to be made through the clerk of the district court, as such failure is certified each - 22 -
month by said clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor shall be subject to income withholding and may be required to appear in court and show cause why such payment was not made. In the event the obligor fails to pay and appear as ordered, a warrant shall be issued for his or her arrest. (3) If, regardless of whether payments are in arrears, the court orders income withholding pursuant to Neb. Rev. Stat. § 43-1718.01 or § 43-1718.02, the statement specified in § 6- 1504(D)(2) shall be altered to read as follows: In the event the obligor fails to pay any child, spousal support, or medical payment, as such failure is certified each month by the district court clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor may be required to appear in court and show cause why such payment was not made. In the event the obligor (respondent or petitioner) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest. (E) Any order for support presented to the court shall require the obligor to furnish to the clerk of the court his or her address, telephone number, social security number, the name of his or her employer, and the name of his or her health insurance carrier, if any, together with the number of the policy and the address at which claims are to be submitted. The order shall further require the obligor to advise the clerk of any changes in such information until the judgment has been fully paid. If both parents are parties to the action, such order shall provide that each be required to furnish to the clerk of the court whether he or she has access to employer-related health insurance coverage and, if so, the health insurance policy information. (F) A worksheet showing calculations under the Nebraska Child Support Guidelines shall be attached to every child support application, order, or decree and shall be prepared by the party requesting child support, except that in a contested matter the worksheet shall be prepared by the court and attached to the order or decree. Rule 4(D)(2) and (3) amended April 17, 1996; Rule 4(F) amended January 3, 1997; Rule 4 amended May 19, 2004; Rule 4(D) deleted and (4)(E)-(G) renumbered to (4)(D)-(F)). Renumbered and codified as § 6-1504, effective July 18, 2008. Belitz v. Belitz, 17 Neb. App. 53, 756 N.W.2d (2008) Oh what a tangled web a court weaves, when it seeks to please unpleasant people… The trial court in a protracted, messy divorce attempted to extend the appeal time for one of its earlier orders by incorporating terms of the 6 week old order into a later order, then stating that the new order only became effective 14 days after it was signed. Only the 14 day delay was disapproved by the Court of Appeals. This case includes an excellent summary of other similar and dissimilar cases determining just what constitutes a “final order” for purposes of appeal. See also the Appellate Practice section of this outline for additional discussion. There is no more fundamental jurisdictional precept than the doctrine that appeals can only be taken from final orders. Citing Huffman v. Huffman, 236 Neb. 101, 459 N.W.2d 215 (1990)… Generally, when multiple issues are presented to a trial court for simultaneous disposition in the same proceeding and the court decides some of the issues, while reserving some issue or issues for later determination, the court‘s determination of less than all the issues is an interlocutory order and is not a final order for the purpose of an appeal. The trial‘s court attempted 14-day extension of the time in which to appeal was error as a matter of law and is of no force and effect on the question of whether this court has appellate jurisdiction. - 23 -
Page 1 and 2: Happy 2012! In The News: Unicameral
Page 3 and 4: Table of Contents:* * (accessible v
Page 5 and 6: Table of Contents (continued): Pare
Page 7 and 8: A Note for Legal Practitioners: Mem
Page 9 and 10: Overview/ IV-D Attorney Duty Gangwi
Page 11 and 12: appear to him [or her] legal and ju
Page 13 and 14: ―the Court draws a distinction be
Page 15 and 16: otherwise provided in sections 25-2
Page 17 and 18: State ex rel. Lemon v. Gale, 272 Ne
Page 19 and 20: disobedience as an essential elemen
Page 21 and 22: student loan that the noncustodial
Page 23 and 24: only if it shall find and determine
Page 25 and 26: Emery v. Moffett, 269 Neb. 867, 697
Page 27: $60,000+ in retro support for 17 ye
Page 31 and 32: concerning the proceedings in the a
Page 33 and 34: Minimum Contacts. An act of sexual
Page 35 and 36: [UIFSA] Section 42-742(a)(5) clearl
Page 37 and 38: In the case of People v. Lucero, 74
Page 39 and 40: A court may not impose punishment
Page 41 and 42: Contempt What follows is a discussi
Page 43 and 44: waived sovereign immunity, the juve
Page 45 and 46: A parent has no right to insist upo
Page 47 and 48: usiness realities, the amount of th
Page 49 and 50: 9, of the Nebraska Constitution, bo
Page 51 and 52: Drew on Behalf of Reed v. Reed, 16
Page 53 and 54: Absent circumstances which justify
Page 55 and 56: Welch v. Welch, Jr., 246 Neb. 435,
Page 57 and 58: guardian ad litem to represent the
Page 59 and 60: Clymer v. La Velle, 194 Neb. 91, 23
Page 61 and 62: Duty to Support; Duration of Suppor
Page 63 and 64: Finnern v. Bruner, 167 Neb. 281, 92
Page 65 and 66: Henke v. Guerrero, 13 Neb. App. 337
Page 67 and 68: Millatmal v. Millatmal, 272 Neb. 45
Page 69 and 70: 24A Am. Jur. 2d Divorce and Separat
Page 71 and 72: the tax exemptions. [The noncustodi
Page 73 and 74: obligation, should generally apply
Page 75 and 76: ―[C]oncerns regarding the stigma
Page 77 and 78: (3) The court shall apply the statu
Page 79 and 80:
(d) If, at any time in the proceedi
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Birth related medical expenses rema
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Brockman v. Brockman, 264 Neb. 106,
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Daycare and medical reimbursement o
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equired by the guidelines. Such req
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health care coverage to be provided
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Given that the agreement sets forth
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Newer Case Law re. Incarceration an
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Dueling v. Dueling, 257 Neb. 862, 6
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has no control over should not be c
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Any employer who shall fail or refu
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§43-1718.01. Obligor; subject to i
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such notice bears to the total amou
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forward the child support payment.
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Servicemembers Civil Relief Act of
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Judgments (see also Jurisdiction) 2
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(3) The individual resided with the
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―in a proceeding under the Nebras
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Juvenile Court Many headaches are c
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§ 43-3319 License holder; motion o
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distributions to the judgment for $
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appellate court tries factual quest
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Note: In response to a new federal
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§43-512.14. Title IV-D child suppo
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adduce evidence of any inequity tha
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Non-custodial parent who lost high
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Lamb v. Lamb, 14 Neb. App. 337, 707
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trouble at work and resigned his jo
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Riggs v. Riggs, 261 Neb. 344, 622 N
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not, under the circumstances presen
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Wilson v. Wilson, 19 Neb. App. 103,
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§43-512. Application for assistanc
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§43-1406 Determination of paternit
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(4) All judgments under this sectio
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Carlson v. Bartels, 143 Neb. 680, 1
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as to the paternity of the minor ch
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Snodgrass v. Snodgrass, 241 Neb. 43
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Quirks, Oddities and other Practice
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Note: Additional resources relating
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egular contact with the child. Comp
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Cooper v. Cooper, 8 Neb. App. 532,
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into or born into these relationshi
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Moore v. Bauer, 11 Neb. App. 572, 6
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parents; child support; termination
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(B) the servicemember has a meritor
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Ward v. Ward, 7 Neb. App. 821, 585
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specifically finds that conformity
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[A] petition to modify alimony will
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Hall v. Hall, 238 Neb. 686, 472 N.W
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interests of a child are served by
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Source: Laws 1993: LB 500, § 22.
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seeks modification in the respondin
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§ 42-745 Effect of registration fo
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… First, we properly look to the
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Neither of the parties is authorize
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the purpose of that litigation, all
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and that the child's best interests
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D. Unless otherwise agreed to, inte
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(E) Any order for support presented
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Unicameral Update (A daily report o
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services. Under LB 288, cash medica
Page 201 and 202:
BAH FAQ - http://perdiem.hqda.penta
Page 203 and 204:
Daily Legal Newswire - www.law.com/
Page 205:
Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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