Child Support Enforcement - Sarpy County Nebraska

Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)
As a general rule, the custodial parent‘s right of support and the noncustodial
parent‘s right of visitation are entitled to separate enforcement. A failure to pay child
support does not justify a parent‘s unilateral withdrawal of visitation rights, and a
failure to allow visitation does not justify a parent‘s unilateral nonpayment of support.
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.
Wilson v. Wilson, 224 Neb. 589, 399 N.W.2d 802 (1987)
The Mother of all parenting/visitation schedule cases. Considered the ―Holy Grail‖ in Family
Law for over two decades.
Default Judgments/Paternity
§ 25-2001(1) (Reissue 2008)
The inherent power of a district court to vacate or modify its
judgments or orders during term may also be exercised after the end of
the term, upon the same grounds, upon a motion filed within six
months after the entry of the judgment or order.
§43-1412. Paternity; action to establish; procedure; public
hearings prohibited; evidence; default judgment; decree;
payment of costs and fees. (Reissue 2004)
(1) ….
(2) A default judgment shall be entered upon a showing of service and failure of the defendant to
answer or otherwise appear.
Carlson v. Two Rivers Auto, Inc. ___ Neb. App. ___ (1994)
In reviewing a trial court's action in vacating or refusing to vacate a default judgment,
an appellate court will uphold and affirm the trial court's action in the absence of an
abuse of discretion.
It has been held that "' default judgment will not ordinarily be set aside on the
application of a party who, by his own fault, negligence, or want of diligence, has
failed to protect his own interests. . . .'" Fredericks v. Western Livestock Auction
Co., 225 Neb. 211, at 217, 403 N.W.2d 377 at 382 (1987).
In considering a request to set aside a default judgment, the trial court may
consider the promptness of the motion to vacate, negligence or want of diligence of
the party moving to vacate, and avoidance of unnecessary delays and frivolous
proceedings.
Modern cases consistently hold that a "party seeking to vacate a default judgment
[in either county or district court] must tender an answer or other proof disclosing a
meritorious defense." Steinberg v. Stahlnecker, 200 Neb. 466, 468, 263 N.W.2d
861, 863 (1978)
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