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Child Support Enforcement - Sarpy County Nebraska

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Finnern v. Bruner, 167 Neb. 281, 92 N.W.2d 785 (1958)<br />

A decree awarding alimony and child support in an action for divorce does not<br />

become dormant by lapse of time and the defense of the statute of limitations is not<br />

available to defeat recovery of delinquent payments.<br />

Foster v. Foster, 266 Neb. 32, 662 NW2d 191 (2003)<br />

It is clear that the marriage dissolution statutes do not empower district courts to<br />

order a parent to contribute to the support of children beyond their majority.<br />

Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)<br />

Courts have jurisdiction to enforce court-approved settlement agreements wherein a<br />

parent voluntarily promises to support a child beyond the age of majority.<br />

Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)<br />

Parents have a duty to support their minor children until they reach majority or are<br />

emancipated, and a parent is not relieved of this duty by virtue of divorce. [see Neb.<br />

Rev. Stat. § 42-371.01]<br />

In effect, the mother asks us to read the word “minor” out of the statute and to add<br />

words such as to include adult children who are handicapped to the extent they<br />

cannot support themselves. More than that, she wishes us to write into the statute a<br />

requirement that divorced parents maintain their handicapped offspring in an<br />

institution of higher learning to an indefinite age. This we cannot do.<br />

Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)<br />

The requirement of support begins at the time of the birth of a child, whether the<br />

child is born in lawful wedlock or otherwise.<br />

Kracman v. Kracman, 232 Neb. 152, 440 N.W.2d 194 (1989)<br />

In this case, custodial parent sought to waive all past due child support as part of a joint<br />

application to modify support. The court refused to go along with the stipulation.<br />

Questions of custody and support are not controllable by agreement of the parties.<br />

Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980)<br />

Courts are without authority to reduce the amount of accrued child support (absent<br />

equitable estoppel).<br />

Meyers v. Meyers, 222 Neb. 370, 383 N.W.2d 784 (1986).<br />

§ 42-364 is clear and unambiguous in conferring authority to compel divorced<br />

parents to support minor children, but also clear and.unambiguous in conferring no<br />

authority for the support of adult.children.<br />

The dissolution statutes do not empower courts to order a parent to contribute to the<br />

support of an adult handicapped child.<br />

But distinguish:<br />

Parents can agree to enter into a property settlementfagreement.that, among other<br />

things, calls for one parent to support aachild of the.marriage beyond that child‘s emancipation.<br />

Such.agreements may be.binding and enforceable by the district court (but. Not the child<br />

support.authorities).<br />

Morrill <strong>County</strong> v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998)<br />

A parent is required to provide his or her child with the basic necessities of life.<br />

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