Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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mistaken belief that they are legally required. Exceptions are made to the ―no credit<br />
for voluntary overpayment of child support rule‖ when the equities of the<br />
circumstances demand it and when allowing a credit will not work a hardship on the<br />
minor children.<br />
Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335 (2008)<br />
[T]he void conditional judgment rule does not extend to actions in equity.<br />
Conditional judgments are a fundamental tool with which courts sitting in equity have<br />
traditionally been privileged to properly devise a remedy to meet the situation.<br />
Therefore, where it is necessary and equitable to do so, a court of equitable<br />
jurisdiction may enter a conditional judgment and such judgment will not be<br />
deemed void simply by virtue of its conditional nature.<br />
Inequity may result if the court adopts a policy of less than full<br />
enforcement of mutually agreed-upon property and support<br />
agreements.<br />
[P]ublic policy forbids enforcement of a private agreement that<br />
purports to discharge a parent‘s liability for child support, if the<br />
agreement does not adequately provide for the child. But the<br />
agreement at issue here did not discharge (the father‘s) liability for<br />
child support. Instead, it expressly provided (the father) with credit<br />
for a payment that the parties agreed would constitute prepayment of<br />
any subsequent child support award. We conclude that on the facts<br />
of this case, the agreement is enforceable.<br />
When overpayments of child support are voluntarily made<br />
outside the terms of a court order, the general rule is that no credit<br />
is given for those payments. The principle behind this rule is that such a credit would<br />
be tantamount to allowing one party to unilaterally modify the court‘s order, which<br />
could result in the deprivation of future support benefits. Nonetheless, even then, a<br />
credit against child support can be granted where equity requires it. This case is<br />
not a case involving a voluntary overpayment because it was the payment specified<br />
in the court‘s order. Such a credit clause does not violate public policy because it is<br />
regarded as a lump-sum payment of child support, not a waiver of child support<br />
altogether. And the agreement still provides regular support for the children<br />
Klinginsmith v. Wichmann, 252 Neb. 889, 567 N.W.2d 172 (1997)<br />
[A] civil contempt proceeding cannot be the means to afford equitable relief to a<br />
party.<br />
Laschanzky v. Laschanzky, 246 Neb. 705; 523 N.W.2d 29 (1994)<br />
A court of equity does not have discretion to allow or withhold interest in cases<br />
where interest is recoverable as a matter of right.<br />
Lucero v. Lucero, 16 Neb. App. 706, 750 N.W.2d 377 (2008)<br />
The district court may, on motion and satisfactory proof that a judgment has been<br />
paid or satisfied in whole or in part by the act of the parties thereto, order it<br />
discharged and canceled of record, to the extent of the payment or satisfaction.<br />
The same principles that apply with respect to retroactivity of a new obligation to pay<br />
support, i.e., that the obligation can be retroactive to the first day of the month<br />
following the filing of a request to modify to impose (or increase) a child support<br />
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