Child Support Enforcement - Sarpy County Nebraska

In the case of People v. Lucero, 747 P.2d 660 (Colo. 1987), the Colorado Supreme
Court set out the requirements for a valid common law marriage in Colorado. These
requirements are as follows:
- mutual consent or agreement of the parties to be husband and wife; followed by
- mutual assumption of the marital relationship
Conditional Judgments
Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335 (2008)
Facts: Paternity order was modified after the parents of the minor child separated, to include a
judicially approved agreement whereby father paid mother $14,000 in cash, with the
understanding that mother would not ask father for child support for the parties’ minor child, but
that if she changed her mind, the father would be entitled to an equitable credit for the $14,000.
Numerous modification actions later, dad was ordered to pay support, with no credit for the
$14,000 prior payment. Eventually dad filed a declaratory judgment action, seeking the credit.
Mom objected, wanting the agreement voided as being, inter alia, a conditional order and
against public policy. Held: The parties‘ original arrangement will be honored by the court.
Orders purporting to be final judgments, but that are dependent upon the occurrence
of uncertain future events, do not necessarily operate as ―judgments‖ and may be
wholly ineffective and void as such.
[W]hile conditional orders will not automatically become final judgments upon the
occurrence of the specified conditions, they can operate in conjunction with a further
consideration of the court as to whether the conditions have been met, at which time
a final judgment may be made.
[T]he void conditional judgment rule does not extend to actions in equity.
Conditional judgments are a fundamental tool with which courts sitting in
equity have traditionally been privileged to properly devise a remedy to meet
the situation. Therefore, where it is necessary and equitable to do so, a court of
equitable jurisdiction may enter a conditional judgment and such judgment will not
be deemed void simply by virtue of its conditional nature.
Inequity may result if the court adopts a policy of less than full enforcement of
mutually agreed-upon property and support agreements.
[P]ublic policy forbids enforcement of a private agreement that purports to discharge
a parent‘s liability for child support, if the agreement does not adequately provide for
the child. But the agreement at issue here did not discharge (the father‘s) liability for
child support. Instead, it expressly provided (the father) with credit for a payment
that the parties agreed would constitute prepayment of any subsequent child support
award. We conclude that on the facts of this case, the agreement is enforceable.
Simons v. Simons, 261 Neb. 570, 624 N.W.2d 36 (2001)
Obligated parent‘s release from prison is not an unknowable or uncertain future
event. Only the date of release was unknown. Conditioning future child support
order upon his release from prison does not constitute a conditional judgment.
Distinguish from:
Harvey v. Harvey, 14 Neb. App. 380, 707 N.W.2d 444 (2005)
Court in dissolution proceeding ordered the sale of the marital home, if certain conditions
were not met regarding refinancing within a set time period.
- 31 -