Child Support Enforcement - Sarpy County Nebraska

More documents

Recommendations

Info

$F:\Kevin\2007 Case Lists\Currently on web page\District Judges ...$



$\\orion\ChildSupport\Kevin\2007 Case Lists\Currently on web page ...$

shall be the fees paid to the officers of the state on whose Governor the requisition is made and shall be equal to the mileage rate authorized in section 81-1176 for each mile which is necessary to travel in returning such prisoner. Federal Regulations of Interest Title IV-D of the Social Security Act of 1974 Electronic Code of Federal Regulations, Title 45 Automated Systems for Child Support Enforcement: A Guide for States Foreign Support Orders §43-1734. Foreign support order; validity; prima facie evidence; allowable defenses. At any hearing contesting a proposed income withholding based on a foreign support order entered under section 43-1729, the entered order, the certified copy of an income withholding order or notice, if any, still in effect, and the sworn or certified statement concerning arrearages and any assignment of rights shall constitute prima facie evidence, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order. Once a prima facie case has been established, the obligor may raise only the following defenses: (1) That withholding is not proper because of a mistake of fact, that is not res judicata, concerning matters such as an error in the amount of current support owed or the arrearage that has accrued, mistaken identity of the obligor, or error in the amount of income to be withheld; (2) That the court or agency which issued the support order lacked personal jurisdiction over the obligor; (3) That the support order was obtained by fraud; or (4) That the statute of limitations, as provided in subsection (3) of section 43-1742, precludes enforcement of all or part of the arrearages. The burden shall be on the obligor to establish such defenses. Source: Laws 1985, Second Spec. Sess., LB 7, § 54; Laws 1991, LB 457, § 39 § 43-1742. Foreign support order; applicability of law. (1) Except as provided in subsections (2) and (3) of this section, the local law of this state shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of income withholding orders issued by a court of this state based upon a foreign support order entered pursuant to section 43-1729. (2) The local law of the jurisdiction which issued the foreign support order shall govern the following: (a) The interpretation of the support order including amount of support, form of payment, and duration of support; (b) The amount of support arrearages necessary to require the issuance of an income withholding order or notice; and (c) The definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including, but not limited to, interest, attorney’s fees, court costs, and costs of paternity testing. - 70 -
(3) The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the local law of this state or of the state which issued the foreign support order, whichever provides the longer period of time. Source: Laws 1985, Second Spec. Sess., LB 7, § 62 Foster Care In re Interest of Antonio S. & Priscilla S., 270 Neb. 792, 708 N.W.2d 614 (2005) Generally, custody of a minor ward is an incident of guardianship. Where a guardianship is established under the Nebraska Juvenile Code as a means of providing permanency for adjudicated children who have been in the temporary custody of the Department of Health and Human Services, custody is necessarily transferred from the department to the appointed guardian(s) by operation of law. Guardianship of Minors § 30-2605 Status of guardian of minor; general. A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward. Source: Laws 1974, LB 354, § 223, UPC § 5-201. § 30-2606 Testamentary appointment of guardian of minor; notice. The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 30-2607, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated if, before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and to the person having his care, or to his nearest adult relation. Source: Laws 1974, LB 354, § 224, UPC § 5-202. § 30-2607 Objection by minor of fourteen or older to testamentary appointment. A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty days after notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee, or any other suitable person. Source: Laws 1974, LB 354, § 225, UPC § 5-203. § 30-2608 Natural guardians; court appointment of guardian of minor; standby guardian; conditions for appointment; child born out of wedlock; additional considerations; filings. (a) The father and mother are the natural guardians of their minor children and are duly entitled to their custody and to direct their education, being themselves competent to transact their own business and not otherwise unsuitable. If either dies or is disqualified for acting, or has - 71 -
Page 1 and 2:
Happy 2012! In The News: Unicameral
Page 3 and 4:
Table of Contents:* * (accessible v
Page 5 and 6:
Table of Contents (continued): Pare
Page 7 and 8:
A Note for Legal Practitioners: Mem
Page 9 and 10:
Overview/ IV-D Attorney Duty Gangwi
Page 11 and 12:
appear to him [or her] legal and ju
Page 13 and 14:
―the Court draws a distinction be
Page 15 and 16:
otherwise provided in sections 25-2
Page 17 and 18:
State ex rel. Lemon v. Gale, 272 Ne
Page 19 and 20:
disobedience as an essential elemen
Page 21 and 22:
student loan that the noncustodial
Page 23 and 24:
only if it shall find and determine
Page 25 and 26: Emery v. Moffett, 269 Neb. 867, 697
Page 27 and 28: $60,000+ in retro support for 17 ye
Page 29 and 30: month by said clerk in cases in whi
Page 31 and 32: concerning the proceedings in the a
Page 33 and 34: Minimum Contacts. An act of sexual
Page 35 and 36: [UIFSA] Section 42-742(a)(5) clearl
Page 37 and 38: In the case of People v. Lucero, 74
Page 39 and 40: A court may not impose punishment
Page 41 and 42: Contempt What follows is a discussi
Page 43 and 44: waived sovereign immunity, the juve
Page 45 and 46: A parent has no right to insist upo
Page 47 and 48: usiness realities, the amount of th
Page 49 and 50: 9, of the Nebraska Constitution, bo
Page 51 and 52: Drew on Behalf of Reed v. Reed, 16
Page 53 and 54: Absent circumstances which justify
Page 55 and 56: Welch v. Welch, Jr., 246 Neb. 435,
Page 57 and 58: guardian ad litem to represent the
Page 59 and 60: Clymer v. La Velle, 194 Neb. 91, 23
Page 61 and 62: Duty to Support; Duration of Suppor
Page 63 and 64: Finnern v. Bruner, 167 Neb. 281, 92
Page 65 and 66: Henke v. Guerrero, 13 Neb. App. 337
Page 67 and 68: Millatmal v. Millatmal, 272 Neb. 45
Page 69 and 70: 24A Am. Jur. 2d Divorce and Separat
Page 71 and 72: the tax exemptions. [The noncustodi
Page 73 and 74: obligation, should generally apply
Page 75: ―[C]oncerns regarding the stigma
Page 79 and 80: (d) If, at any time in the proceedi
Page 81 and 82: Birth related medical expenses rema
Page 83 and 84: Brockman v. Brockman, 264 Neb. 106,
Page 85 and 86: Daycare and medical reimbursement o
Page 87 and 88: equired by the guidelines. Such req
Page 89 and 90: health care coverage to be provided
Page 91 and 92: Given that the agreement sets forth
Page 93 and 94: Newer Case Law re. Incarceration an
Page 95 and 96: Dueling v. Dueling, 257 Neb. 862, 6
Page 97 and 98: has no control over should not be c
Page 99 and 100: Any employer who shall fail or refu
Page 101 and 102: §43-1718.01. Obligor; subject to i
Page 103 and 104: such notice bears to the total amou
Page 105 and 106: forward the child support payment.
Page 107 and 108: Servicemembers Civil Relief Act of
Page 109 and 110: Judgments (see also Jurisdiction) 2
Page 111 and 112: (3) The individual resided with the
Page 113 and 114: ―in a proceeding under the Nebras
Page 115 and 116: Juvenile Court Many headaches are c
Page 117 and 118: § 43-3319 License holder; motion o
Page 119 and 120: distributions to the judgment for $
Page 121 and 122: appellate court tries factual quest
Page 123 and 124: Note: In response to a new federal
Page 125 and 126: §43-512.14. Title IV-D child suppo
Page 127 and 128:
adduce evidence of any inequity tha
Page 129 and 130:
Non-custodial parent who lost high
Page 131 and 132:
Lamb v. Lamb, 14 Neb. App. 337, 707
Page 133 and 134:
trouble at work and resigned his jo
Page 135 and 136:
Riggs v. Riggs, 261 Neb. 344, 622 N
Page 137 and 138:
not, under the circumstances presen
Page 139 and 140:
Wilson v. Wilson, 19 Neb. App. 103,
Page 141 and 142:
§43-512. Application for assistanc
Page 143 and 144:
§43-1406 Determination of paternit
Page 145 and 146:
(4) All judgments under this sectio
Page 147 and 148:
Carlson v. Bartels, 143 Neb. 680, 1
Page 149 and 150:
as to the paternity of the minor ch
Page 151 and 152:
Snodgrass v. Snodgrass, 241 Neb. 43
Page 153 and 154:
Quirks, Oddities and other Practice
Page 155 and 156:
Note: Additional resources relating
Page 157 and 158:
egular contact with the child. Comp
Page 159 and 160:
Cooper v. Cooper, 8 Neb. App. 532,
Page 161 and 162:
into or born into these relationshi
Page 163 and 164:
Moore v. Bauer, 11 Neb. App. 572, 6
Page 165 and 166:
parents; child support; termination
Page 167 and 168:
(B) the servicemember has a meritor
Page 169 and 170:
Ward v. Ward, 7 Neb. App. 821, 585
Page 171 and 172:
specifically finds that conformity
Page 173 and 174:
[A] petition to modify alimony will
Page 175 and 176:
Hall v. Hall, 238 Neb. 686, 472 N.W
Page 177 and 178:
interests of a child are served by
Page 179 and 180:
Source: Laws 1993: LB 500, § 22.
Page 181 and 182:
seeks modification in the respondin
Page 183 and 184:
§ 42-745 Effect of registration fo
Page 185 and 186:
… First, we properly look to the
Page 187 and 188:
Neither of the parties is authorize
Page 189 and 190:
the purpose of that litigation, all
Page 191 and 192:
and that the child's best interests
Page 193 and 194:
D. Unless otherwise agreed to, inte
Page 195 and 196:
(E) Any order for support presented
Page 197 and 198:
Unicameral Update (A daily report o
Page 199 and 200:
services. Under LB 288, cash medica
Page 201 and 202:
BAH FAQ - http://perdiem.hqda.penta
Page 203 and 204:
Daily Legal Newswire - www.law.com/
Page 205:
Above All Else: Keep your sense of
show all

Child Support Enforcement - Sarpy County Nebraska

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?