Child Support Enforcement - Sarpy County Nebraska

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To constitute a final, appealable order…, the case must involve an order which affects a substantial right in an action and which determines the action and prevents a judgment. O’Connor v. Kaufman, 255 Neb. 120, 582 N.W.2d 350 (1998); Hake v. Hake, 8 Neb. App. 376, 594 N.W.2d 648 (1999). Such an order must dispose of the whole merits of the case and must leave nothing for further consideration of the court, and thus, the order is final when no further action of the court is required to dispose of the pending cause; however, if the cause is retained for further action, the order is interlocutory. Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921) [J]urisdiction of the court in matters relating to divorce and alimony is given by statute, and every power exercised by the court in reference thereto must look to the statute or it does not exist. [Citation omitted.] We cannot change it; we must therefore take the decree as we find it, inasmuch as the interested parties have made no move to change it but have treated it as final. Juvenile Court Many headaches are caused in attorneys when juvenile courts become involved in matters previously governed by county or district courts. § 42-348. Proceedings; where brought; transfer of proceedings; orders; how treated. All proceedings under sections 42-347 to 42-381 shall be brought in the district court of the county in which one of the parties resides. Proceedings may be transferred to a separate juvenile court or county court sitting as a juvenile court which has acquired jurisdiction pursuant to section 43-2,113. Certified copies of orders filed with the clerk of the court pursuant to such section shall be treated in the same manner as similar orders issued by the court. Source: Laws 1972, LB 820, § 2; Laws 1985, Second Spec. Sess., LB 7, § 9; Laws 1996, LB 1296, § 10; Laws 1997, LB 229, § 8. In the Interest of Ethan M., 18 Neb.App. 63, 774 N.W.2d 766 (2009) We begin by noting that a county court sitting as a juvenile court has the power to conduct a child custody modification proceeding because it has been granted subject matter jurisdiction to do so. Pursuant to 2008 Neb. Laws, L.B. 280, the Legislature modified the jurisdiction of juvenile courts and county courts sitting as juvenile courts so that these courts could exercise jurisdiction over custody matters when the court already has jurisdiction over the juvenile for another purpose. See Neb.Rev.Stat. §§ 24-517, 25-2740, and 43-247 (Reissue 2008). In this regard, § 25- 2740(3) provides that “a county court or separate juvenile court which already has jurisdiction over the child whose paternity or custody is to be determined has jurisdiction over such paternity or custody determination.” Pursuant to § 25- 2740(1)(b), a custody determination is defined as a proceeding “to determine custody of a child under [Neb.Rev.Stat. § ] 42-364 [ (Reissue 2008) ].” Neb.Rev.Stat. § 42-364 (Reissue 2008) pertains to custody actions including those involving “ [m]odification proceedings.” Prior to the passage of L.B. 280, juvenile courts and county courts sitting as juvenile courts did not have subject matter jurisdiction over such proceedings. - 118 -
In re Interest of Tamika S. et al., 3 Neb.App. 624, 529 N.W.2d 147 (1995) Guidelines apply in juvenile cases where child support is ordered. License Suspension See generally <strong>Nebraska</strong> Revised Statutes §§43-3301 through 43-3326. The intent of the law is to collect all support owed, and not to suspend licenses. It is an enforcement tool especially effective for non-wage earning and self-employed individuals who hold such licenses. It can be imposed through an administrative or judicial process. In my experience, very few license holders understand their rights with regard to the license suspension process. A simple phone call by an obligated parent to the DHHS Review & Modification office (1-800-831-4573) would stave off further actions to suspend the parent’s licenses for up to one year. §43-3314 Delinquent or past-due support; notice to license holder; contents. (1) When the department or a county attorney or authorized attorney has made reasonable efforts to verify and has reason to believe that a license holder in a case receiving services under Title IV-D of the Social Security Act, as amended, (a) is delinquent on a support order in an amount equal to the support due and payable for more than a three-month period of time, (b) is not in compliance with a payment plan for amounts due as determined by a county attorney, an authorized attorney, or the department for such past-due support, or (c) is not in compliance with a payment plan for amounts due under a support order pursuant to a court order for such past-due support, and therefore determines to certify the license holder to the appropriate licensing authority, the department, county attorney, or authorized attorney shall send written notice to the license holder by certified mail to the last-known address of the license holder or to the lastknown address of the license holder available to the court pursuant to section 42-364.13. For purposes of this section, reasonable efforts to verify means reviewing the case file and having written or oral communication with the clerk of the court of competent jurisdiction and with the license holder. Reasonable efforts to verify may also include written or oral communication with custodial parents. (2) The notice shall specify: (a) That the Department of Health and Human Services, county attorney, or authorized attorney intends to certify the license holder to the Department of Motor Vehicles and to relevant licensing authorities pursuant to subsection (3) of section 43-3318 as a license holder described in subsection (1) of this section; (b) The court or agency of competent jurisdiction which issued the support order or in which the support order is registered; I That an enforcement action for a support order will incorporate any amount delinquent under the support order which may accrue in the future; (d) That a license holder who is in violation of a support order can come into compliance by: (i) Paying current support if a current support obligation exists; and (ii) Paying all past-due support or, if unable to pay all past-due support and if a payment plan for such past-due support has not been determined, by making payments in accordance with a payment plan determined by the county attorney, the authorized attorney, or the Department of Health and Human Services for such past-due support; and (e) That within thirty days after issuance of the notice, the license holder may either: (i) Request administrative review in the manner specified in the notice to contest a mistake of fact. Mistake of fact means an error in the identity of the license holder or an error in the determination of whether the license holder is a license holder described in - 119 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mili
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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final court-ordered determination t
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clerk of the district court in whic
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(1) In proceedings under sections 4
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Nebraska courts, through their inhe
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place. This recommendation recogniz
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(4) Orders, decrees, and judgments
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Mother apparently consents to this
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Johnson v. Johnson, 215 Neb. 689, 3
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stand dismissed without prejudice a
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This case includes an excellent sum
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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Modifying the amounts awarded to a
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[P]ublic policy forbids enforcement
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Carroll v. Moore, 228 Neb. 561, 423
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
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Neither of the parties is authorize
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In guardianship termination proceed
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Weinand v. Weinand, 260 Neb. 146, 6
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verification forms instead of tax r
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State v. Cummings, 2 Neb. App. 820,
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Where parents of the child are sepa
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any unpaid child support obligation
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Henderson v. Henderson, 264 Neb. 91
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(0,1,2,or 3+) and how much “earne
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Earning capacity may be used as a b
Page 73 and 74: esponding state is modifying a supp
Page 75 and 76: [T]he duration of the support oblig
Page 77 and 78: A future payment of child support i
Page 79 and 80: Such a credit clause does not viola
Page 81 and 82: State on behalf of L.L.B. v. Hill,
Page 83 and 84: (1) That withholding is not proper
Page 85 and 86: Source: Laws 1974, LB 354, § 226,
Page 87 and 88: In re Interest of Lakota Z. & Jacob
Page 89 and 90: Note: In July 2008 the Federal Chil
Page 91 and 92: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 93 and 94: Moore v. Bauer, 11 Neb. App. 572, 6
Page 95 and 96: Sears v. Larson, 259 Neb. 760, 612
Page 97 and 98: health care coverage is not availab
Page 99 and 100: Druba v. Druba , 238 Neb. 279, 470
Page 101 and 102: Rouse v. Rouse, 18 Neb. App. 128, 7
Page 103 and 104: There is a presumption that income
Page 105 and 106: The Nebraska Supreme Court has not
Page 107 and 108: §42-364.12 Child support; withhold
Page 109 and 110: Source: Laws 1985, Second Spec. Ses
Page 111 and 112: shall withhold for each notice the
Page 113 and 114: forward the child support payment.
Page 115 and 116: Servicemembers Civil Relief Act of
Page 117 and 118: Judgments (see also Jurisdiction) 2
Page 119 and 120: Source: Laws 1972, LB 820, § 5; La
Page 121 and 122: [J]urisdiction is the inherent powe
Page 123: A nonimmigrant alien authorized to
Page 127 and 128: action to certify the license holde
Page 129 and 130: NCP had no control as to when trust
Page 131 and 132: [T]he district court abused its dis
Page 133 and 134: Note: In response to a new federal
Page 135 and 136: (1) Child support orders in cases i
Page 137 and 138: §43-512.17. Title IV-D child suppo
Page 139 and 140: In the initial determination of chi
Page 141 and 142: The federal government provides Soc
Page 143 and 144: Material change in circumstances in
Page 145 and 146: Peter v. Peter, 262 Neb. 1017, 637
Page 147 and 148: See also: Wilkins v. Wilkins, 269 N
Page 149 and 150: Adoption/Modification of the Nebras
Page 151 and 152: A party seeking to modify a dissolu
Page 153 and 154: (2)The department, through its agen
Page 155 and 156: § 43-1408.01 Notarized acknowledgm
Page 157 and 158: (4) All judgments under this sectio
Page 159 and 160: See also Shermanv. Neth, 283 Neb. 8
Page 161 and 162: grounds of newly discovered evidenc
Page 163 and 164: Fianna has resided with Jeffrey sin
Page 165 and 166: State on Behalf of Hopkins v. Batt,
Page 167 and 168: (4) . . . (a) If any case contains
Page 169 and 170: CONVENTION ON THE INTERNATIONAL REC
Page 171 and 172: To prevail on a motion to remove a
Page 173 and 174: Cooper v. Cooper, 8 Neb. App. 532,
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What God -- or the State -- has law
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court should take into consideratio
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Federal Express (FedEx): FedEx Prio
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(c) PENALTY FOR MAKING OR USING FAL
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Recipients who are married and file
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provision for support is a part of
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Material change in circumstances in
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[A]limony should not be used to equ
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contumacious, but it provides no re
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parties will have to start over aga
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state has and shall exercise contin
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§ 42-735 Administrative enforcemen
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(2) notify the nonregistering party
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allegations of a petition invokes t
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petitioner had failed to come to th
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. . . have the force and effect of
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caused or contributed to the cause
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in determining the child support ob
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Effective January 1, 2013, the maxi
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§ 6-1521. Protection of personal a
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In contrast to recent years, the 20
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Military Retirement pay info - www.
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Daily Legal Newswire - www.law.com/
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Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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