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Child Support Enforcement - Sarpy County Nebraska

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Drew on Behalf of Reed v. Reed, 16 Neb. App. 905, 755 N.W.2d 420 (2008)<br />

While a paternity action is one at law, the award of child support in such an<br />

action is equitable in nature.<br />

A trial court’s award of child support in a paternity case will not be disturbed on<br />

appeal in the absence of an abuse of discretion by the trial court.<br />

In a paternity action, attorney fees are reviewed de novo on the record to determine<br />

whether there has been an abuse of discretion by the trial judge.<br />

In a dissolution action, an appellate court reviews an award of expert witness fees<br />

de novo on the record to determine whether there has been an abuse of discretion<br />

by the trial judge. The same standard applies to an award of expert witness fees in a<br />

paternity action.<br />

Ferer v. Aaron Ferer & Sons, 278 Neb. 282, 770 N.W.2d 608 (2009)<br />

The doctrine of res judicata bars relitigation not only of those matters actually<br />

litigated, but also of those matters which might have been litigated in the prior<br />

action.<br />

Permission to amend a pleading is addressed to the discretion of the trial court, and<br />

the trial court’s decision will not be disturbed absent an abuse of discretion.<br />

Amendment of a complaint is not a matter of right.<br />

Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (2004)<br />

Metcalf v. Metcalf, 278 Neb. 258, 769 N.W.2d 386 (2009)<br />

Pickrel v. Pickrel, 14 Neb. App. 792 (2006)<br />

The standard of review of an appellate court in child support cases is de novo on the<br />

record, and the decision of the trial court will be affirmed in the absence of an abuse<br />

of discretion. [see also Gress v. Gress, 257 Neb. 112, 596 N.W.2d 8 (1999); State<br />

v. Smith, 231 Neb. 740, 437 N.W.2d 803 (1989); Hanson v. Rockwell, 206 Neb.<br />

299, 292 N.W.2d 786 (1980).]<br />

A judicial abuse of discretion exists when a judge, within the effective limits of<br />

authorized judicial power, elects to act or refrains from acting, and the selected<br />

option results in a decision which is untenable and unfairly deprives a litigant of a<br />

substantial right or a just result in matters submitted for disposition through a judicial<br />

system.<br />

Hall v. Hall, 176 Neb. 555, 126 N. W. 2d 839 (1964)<br />

The trial court in a divorce action may in its discretion grant supersedeas. An<br />

absolute right to supersedeas does not exist except when it is allowable under the<br />

express provisions of section 25-1916.<br />

Where the divorce decree awarding custody of a minor child has not been<br />

superseded, such award may be enforced by the trial court, as in the case of any<br />

other nonsuperseded judgment (during pendency of an appeal to the appellate<br />

court). The trial court is invested with authority to enforce its nonsuperseded<br />

judgment awarding the custody of a minor child by contempt proceedings<br />

notwithstanding an appeal to this court.<br />

Temporary orders in the district court allowing alimony, child support, or the<br />

custody of minor children terminate with the rendition of a final decree of divorce.<br />

Spady v. Spady, 284 Neb. 885 (December 2012)<br />

Section 42-351 provides:<br />

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