Child Support Enforcement - Sarpy County Nebraska

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I am struck, after all my years in child support, by the tremendous connection between education and income. Here are some startling statistics, which when interpreted through a child support prism show how difficult it is for us to establish and enforce meaningful child support orders when obligated parents lack adequate educational skills necessary to succeed in a 21 st Century economy. Age Range No diploma or GED H.S. diploma, no col. < 4 yrs college 4 yrs+ col. With degree 18 – 24 25.7% live < poverty 19.4% live < poverty 13.7%
Overview/ IV-D Attorney Duty Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (April 2004) Support of one‘s children is a fundamental obligation which takes precedence over almost everything else. Duties of the County or Authorized Attorney with regard to paternity establishment and child support enforcement are generally set forth in Neb. Rev. Stat. §§ 43-512.01, 43-512.02, 43-512.03, 43-512.05 (explains the business relationship between county attorneys and HHS), as well as 43-512.08, 43-512.12 and 43-512.15 (modification actions). See also §43-1411. (The State's right to sue under §43-1411 is not conditioned upon the payment of public assistance benefits for the minor child. See State on Behalf of Hopkins v. Batt, 253 Neb. 852 (1998)) Also see: §42-358. Attorney for minor child; appointment; powers; child or spousal support; records; income withholding; contempt proceedings; fees; evidence; appeal. (1) The court may appoint an attorney to protect the interests of any minor children of the parties. Such attorney shall be empowered to make independent investigations and to cause witnesses to appear and testify on matters pertinent to the welfare of the children. The court shall by order fix the fee, including disbursements, for such attorney, which amount shall be taxed as costs and paid by the parties as ordered. If the court finds that the party responsible is indigent, the court may order the county to pay the costs. (2) Following entry of any decree, the court having jurisdiction over the minor children of the parties may at any time appoint an attorney, as friend of the court, to initiate contempt proceedings for failure of any party to comply with an order of the court directing such party to pay temporary or permanent child support. The county attorney or authorized attorney may be appointed by the court for the purposes provided in this section, in which case the county attorney or authorized attorney shall represent the state. (3) . . . § 43-512.03. County attorney or authorized attorney; duties; enumerated; department; powers; actions; real party in interest; representation; section, how construed. (1) The county attorney or authorized attorney shall: (a) On request by the Department of Health and Human Services as described in subsection (2) of this section or when the investigation or application filed under section 43-512 or 43-512.02 justifies, file a complaint against a nonsupporting party in the district, county, or separate - 3 -
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: A Note for Legal Practitioners: Mem
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
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24A Am. Jur. 2d Divorce and Separat
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the tax exemptions. [The noncustodi
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obligation, should generally apply
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―[C]oncerns regarding the stigma
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(3) The court shall apply the statu
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(d) If, at any time in the proceedi
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Birth related medical expenses rema
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Brockman v. Brockman, 264 Neb. 106,
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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.
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Servicemembers Civil Relief Act of
Page 109 and 110:
Judgments (see also Jurisdiction) 2
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(3) The individual resided with the
Page 113 and 114:
―in a proceeding under the Nebras
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Juvenile Court Many headaches are c
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§ 43-3319 License holder; motion o
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distributions to the judgment for $
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appellate court tries factual quest
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Note: In response to a new federal
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§43-512.14. Title IV-D child suppo
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adduce evidence of any inequity tha
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Non-custodial parent who lost high
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Lamb v. Lamb, 14 Neb. App. 337, 707
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trouble at work and resigned his jo
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Riggs v. Riggs, 261 Neb. 344, 622 N
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not, under the circumstances presen
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Wilson v. Wilson, 19 Neb. App. 103,
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§43-512. Application for assistanc
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§43-1406 Determination of paternit
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(4) All judgments under this sectio
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Carlson v. Bartels, 143 Neb. 680, 1
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as to the paternity of the minor ch
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Snodgrass v. Snodgrass, 241 Neb. 43
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Quirks, Oddities and other Practice
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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,
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into or born into these relationshi
Page 163 and 164:
Moore v. Bauer, 11 Neb. App. 572, 6
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parents; child support; termination
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(B) the servicemember has a meritor
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Ward v. Ward, 7 Neb. App. 821, 585
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specifically finds that conformity
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[A] petition to modify alimony will
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Hall v. Hall, 238 Neb. 686, 472 N.W
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interests of a child are served by
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Source: Laws 1993: LB 500, § 22.
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seeks modification in the respondin
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§ 42-745 Effect of registration fo
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… First, we properly look to the
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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
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D. Unless otherwise agreed to, inte
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(E) Any order for support presented
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Unicameral Update (A daily report o
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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
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Child Support Enforcement - Sarpy County Nebraska

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