Child Support Enforcement - Sarpy County Nebraska

authority to and it should appoint a guardian ad litem or permit their next friend to
appear for unrepresented, interested infants. Workman v. Workman, 167 Neb. 857,
869, 95 N.W.2d 186, 194 (1959).
" [M]inors and incompetents are considered to be under a legal disability and are
therefore unable to sue or be sued in their individual capacities; such persons are
required to appear in court through a legal guardian, a ‘ next friend,’ or a guardian ad
litem." Austin Nursing Center, Inc. v. Lovato, 171 S.W.3d 845, 849 (Tex.2005)
Nebraska law also provides that " the defense of an infant must be by a guardian for
the suit, who may be appointed by the court in which the action is prosecuted."
Modification Issues/ Change in Circumstances/Unclean Hands
(see also Guidelines, Incarceration, Removal of Children, Unclean Hands)
Full Nebraska Child Support Guidelines:
Neb. Ct. R. § 4-217 Modification. Application of the child support guidelines which would
result in a variation by 10 percent or more, but not less than $25, upward or downward, of the
current child support obligation, child care obligation, or health care obligation, due to financial
circumstances which have lasted 3 months and can reasonably be expected to last for an
additional 6 months, establishes a rebuttable presumption of a material change of circumstances.
Paragraph Q amended effective Jan. 1, 1996; Paragraph Q amended effective Sept. 1, 2002.
…
Neb. Ct. R. § 4-219 Limitation on Increase. Under no circumstances shall there be an increase
in support due from an obligor solely because of an increase in the income of the obligee.
Paragraph S effective Sept. 1, 2002.
Neb. Ct. R. § 4-220 Limitation on Decrease. An obligor shall not be allowed a reduction in an
existing support order solely because of the birth, adoption, or acknowledgement of subsequent
children of the obligor; however, a duty to provide regular support for subsequent children may
be raised as a defense to an action for an upward modification of such existing support order.
Paragraph T effective Sept. 1, 2002.
§ 42-364. Action involving child support, child custody, parenting time, visitation, or other
access; parenting plan; legal custody and physical custody determination; rights of
parents; child support; termination of parental rights; court; duties; modification
proceedings; use of school records as evidence.
(1) . . .
. . .
(6) Modification proceedings relating to support, custody, parenting time, visitation, other
access, or removal of children from the jurisdiction of the court shall be commenced by filing
a complaint to modify. . . . Service of process and other procedure shall comply with the
requirements for a dissolution action. [See § 42-352]
(7) . . .
Source: Laws 1983, LB 138, § 1; Laws 1985, LB 612, § 1; Laws 1985, Second Spec. Sess., LB 7, § 16;
Laws 1991, LB 457, § 3; Laws 1991, LB 715, § 1; Laws 1993, LB 629, § 21; Laws 1994, LB 490, § 1;
Laws 1996, LB 1296, § 15; Laws 1997, LB 752, § 96; Laws 2004, LB 1207, § 25; Laws 2006, LB 1113, §
35; Laws 2007, LB554, § 32; Laws 2008, LB1014, § 32; Laws 2009, LB288, § 5; Laws 2010, LB901, § 1.
Operative Date: July 1, 2010
§43-512.12 Title IV-D child support order; review by Department of Health and Human
Services; when. (Note: LB 712 amends portions of this statute. New language is highlighted)
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