Child Support Enforcement - Sarpy County Nebraska

Clymer v. La Velle, 194 Neb. 91, 230 N.W.2d 213 (1975)
Palagi v. Palagi, 10 Neb. App. 231, 627 N.W.2d 765 (2001)
A minor child who is away at college still retains the home state domicile of the custodial parent,
and still remains an unemancipated child.
Domicile is that place where a person has his or her true, fixed, and permanent
home.
The habitation or residence of a minor child is, by operation of law, determined and
fixed by that of the parent legally entitled to the custody and control of the child
unless the parent has voluntarily surrendered such right.
Where parents of the child are separated by a decree of divorce, the child‘s domicile
normally follows that of the parent who has custody by virtue of the decree of
divorce. This is true without regard to the child’s physical location.
A minor child may acquire a domicile of choice only if he or she is emancipated.
Due Process
Conn v. Conn, 13 Neb. App. 472, 695 N.W.2d 674 (2005)
A prisoner has no absolute constitutional right to be released from prison so that
the prisoner can be present at a hearing in a civil action.
The U.S. and Nebraska Constitutions provide that no person shall be deprived of
life, liberty, or property without due process of law. U.S. Const. amends. V and XIV;
Neb. Const. art. I, § 3. ―When a person has a right to be heard, procedural due
process includes . . . a reasonable opportunity to refute or defend against a charge
or accusation [and] a reasonable opportunity to confront and cross-examine adverse
witnesses and present evidence on the charge or accusation . . . .‖
Although due process.does not require the appointment of.counsel to represent a
prisoner in. a private civil matter, due process.does require that the prisoner.
receive.meaningful access to.the courts to.defend against suits.brought against him
or her.
Where due process so requires, we do not read §42-356 to prohibit a trial court from
allowing one of the parties to appear by telephone during a final hearing held in
open court upon the oral testimony of witnesses.
Turner v. Rogers, 564 U.S. ____ (June 2011) (See also page 32 of this outline)
Issues Presented: (1) whether the Supreme Court of South Carolina erred in holding – in
conflict with twenty-two federal courts of appeals and state courts of last resort – that an
indigent defendant has no constitutional right to appointed counsel at a civil contempt
proceeding that results in his incarceration, and (2) does the Court have jurisdiction to review
the decision of the South Carolina Supreme Court?
Held: We …hold that the Due Process Clause does not automatically require the provision of
counsel at civil contempt proceedings to an indigent individual who is subject to a child support
order, even if that individual faces incarceration (for up to a year). In particular, that Clause does
not require the provision of counsel where the opposing parent or other custodian (to whom
support funds are owed) is not represented by counsel and the State provides alternative
procedural safeguards equivalent to those we have mentioned (adequate notice of the importance
of ability to pay, fair opportunity to present, and to dispute, relevant information, and court
findings).
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