Child Support Enforcement - Sarpy County Nebraska

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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) - 128 -
(1) Child support orders in cases in which a party has applied for services under Title IV-D of the federal Social Security Act, as amended, shall be reviewed by the Department of Health and Human Services to determine whether to refer such orders to the county attorney or authorized attorney for filing of an application for modification. An order shall be reviewed by the department upon its own initiative or at the request of either parent when such review is required by Title IV-D of the federal Social Security Act, as amended. After review the department shall refer an order to a county attorney or authorized attorney when the verifiable financial information available to the department indicates: (a) The present child support obligation varies from the Supreme Court child support guidelines pursuant to section 42-364.16 by more than the percentage, amount, or other criteria established by Supreme Court rule, and the variation is due to financial circumstances which have lasted at least three months and can reasonably be expected to last for an additional six months; or (b) Health care coverage meeting the requirements of subsection (2) of section 42-369 is available to either party and the children do not have health insurance coverage other than the medical assistance program under the Medical Assistance Act. Health care coverage cases may be modified within three years of entry of the order. (2) Orders that are not addressed under subsection (1) of this section shall not be reviewed by the department if it has not been three years since the present child support obligation was ordered unless the requesting party demonstrates a substantial change in circumstances that is expected to last for the applicable time period established by subdivision (1)(a) of this section. Such substantial change in circumstances may include, but is not limited to, change in employment, earning capacity, or income or receipt of an ongoing source of income from a pension, gift, or lottery winnings. An order may be reviewed after one year if the department’s determination after the previous review was not to refer to the county attorney or authorized attorney for filing of an application for modification because financial circumstances had not lasted or were not expected to last for the time periods established by subdivision (1)(a) of this section. Source: Laws 2010, LB712, § 25. §43-512.14. Title IV-D child support order; financial information; duty to provide; failure; effect; referral of order; effect. Each parent requesting review shall provide the financial information as provided in section 43-512.17 to the Department of Health and Human Services upon request of the department. The parent requesting review shall also provide an affidavit regarding the financial circumstances of the nonrequesting parent upon the request of the department. Failure by a nonrequesting parent to provide adequate financial information shall create a rebuttable presumption that such parent’s income has changed for purposes of section 43-512.12. …...Referral of an order to a county attorney or authorized attorney under this section shall create a rebuttable presumption that there has been a material change in financial circumstances of one of the parents such that the child support obligation shall be increased at least ten percent if there is inadequate financial information regarding the noncustodial parent or that the child support obligation shall be decreased at least ten percent if there is inadequate financial information regarding the custodial parent. Such referral shall also be sufficient to rebut the presumption specified in section 42-364.16, and the court, after notice and an opportunity to be heard, may order a decrease or an increase of at least ten percent in the child support obligation as provided in this section. Source: Laws 1991, LB 715, § 15; Laws 1993, LB 523, § 9; Laws 1996, LB 1044, § 165; Laws 1997, LB 307, § 66. - 129 -
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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
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esponding state is modifying a supp
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[T]he duration of the support oblig
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A future payment of child support i
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Such a credit clause does not viola
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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 and 124: A nonimmigrant alien authorized to
Page 125 and 126: In re Interest of Tamika S. et al.,
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: Note: In response to a new federal
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,
Page 175 and 176: What God -- or the State -- has law
Page 177 and 178: court should take into consideratio
Page 179 and 180: Federal Express (FedEx): FedEx Prio
Page 181 and 182: (c) PENALTY FOR MAKING OR USING FAL
Page 183 and 184: 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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