Child Support Enforcement - Sarpy County Nebraska

9, of the Nebraska Constitution, both of which prohibit the infliction of ―cruel and
unusual‖ punishment.
―To abandon one‘s children to a life of poverty and reliance upon public charity is a
heinous and ignoble offense and is to be treated as such.‖
We do not think the allowance for the support of defendant‘s minor child bears any
resemblance whatever to a debt, and therefore the constitution does not forbid
imprisonment for the defendant‘s refusal to obey the order of the court. (citing
Fussell v. State, 102 Neb. 117, 166 N.W. 197 (1918))
State v. Yelli, 247 Neb. 785, 530 N.W.2d 250 (1995)
This case reminds us of the clear distinction between the standards of proof in civil vs.
criminal cases. The burden of establishing a paternity judgment is lower than for that of
establishing elements of a criminal conviction. Don’t assume you can prove paternity in a
criminal case by introducing the record of the paternity judgment.
Both federal and state due process dictate that an indigent defendant in a stateassisted
civil paternity action has the right to the services of appointed counsel.
Where a record is silent as to a defendant‘s opportunity for counsel, an appellate
court may not presume that such rights were respected.
A mother‘s testimony that one is the father of her child is sufficient only if she be
corroborated as to material facts and circumstances which tend to support her
testimony and from which, together with her testimony as to the principal act, the
inference of paternity may be drawn.
The burden in a criminal proceeding is to produce proof beyond a reasonable doubt
of every element of a charged offense. The doctrines of res judicata and collateral
estoppel are not applicable when the burden of persuasion is different in the
subsequent proceeding.
See also Nebraska v. Bright, 238 Neb. 348, 470 N.W.2d 181 (1991)
(Quite) a bit about Custody & Visitation
(See also Child Support Guidelines)
§ 42-358. Attorney for minor child; appointment; powers; child or spousal support;
records; income withholding; contempt proceedings; fees; evidence; appeal.
(b) The court may appoint an attorney to protect the interests
of any minor children of the parties. Such attorney shall be
empowered to make independent investigations and to
cause witnesses to appear and testify on matters pertinent
to the welfare of the children. The court shall by order fix
the fee, including disbursements, for such attorney, which
amount shall be taxed as costs and paid by the parties as
ordered. If the court finds that the party responsible is
indigent, the court may order the county to pay the costs.
…
Annotations:
From June 1, 1998, forward, when appointing a guardian ad litem or an attorney to represent the interests
of the minor pursuant to this section in forums other than the juvenile court, the appointing court, in the
order making the appointment, shall specify whether the person appointed is to act as a guardian ad litem
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