Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Overview/ IV-D Attorney Duty<br />
Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (April 2004)<br />
<strong>Support</strong> of one‘s children is a fundamental obligation which takes precedence over<br />
almost everything else.<br />
Duties of the <strong>County</strong> or Authorized Attorney with regard to paternity establishment<br />
and child support enforcement are generally set forth in Neb. Rev. Stat. §§ 43-512.01,<br />
43-512.02, 43-512.03, 43-512.05 (explains the business relationship between county<br />
attorneys and HHS), as well as 43-512.08, 43-512.12 and 43-512.15 (modification<br />
actions). See also §43-1411. (The State's right to sue under §43-1411 is not<br />
conditioned upon the payment of public assistance benefits for the minor child. See<br />
State on Behalf of Hopkins v. Batt, 253 Neb. 852 (1998))<br />
Also see: §42-358. Attorney for minor child; appointment; powers; child or spousal<br />
support; records; income withholding; contempt proceedings; fees; evidence; appeal.<br />
(1) The court may appoint an attorney to protect the interests of any minor children of the parties.<br />
Such attorney shall be empowered to make independent investigations and to cause witnesses to<br />
appear and testify on matters pertinent to the welfare of the children. The court shall by order fix<br />
the fee, including disbursements, for such attorney, which amount shall be taxed as costs and<br />
paid by the parties as ordered. If the court finds that the party responsible is indigent, the court<br />
may order the county to pay the costs.<br />
(2) Following entry of any decree, the court having jurisdiction over the minor children of the<br />
parties may at any time appoint an attorney, as friend of the court, to initiate contempt<br />
proceedings for failure of any party to comply with an order of the court directing such party to<br />
pay temporary or permanent child support. The county attorney or authorized attorney may be<br />
appointed by the court for the purposes provided in this section, in which case the county<br />
attorney or authorized attorney shall represent the state.<br />
(3) . . .<br />
§ 43-512.03. <strong>County</strong> attorney or authorized attorney; duties; enumerated; department;<br />
powers; actions; real party in interest; representation; section, how construed.<br />
(1) The county attorney or authorized attorney shall:<br />
(a) On request by the Department of Health and Human Services as described in subsection (2)<br />
of this section or when the investigation or application filed under section 43-512 or 43-512.02<br />
justifies, file a complaint against a nonsupporting party in the district, county, or separate<br />
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