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Child Support Enforcement - Sarpy County Nebraska

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the cross-appeal section of a party’s brief must set forth a separate title page, a table<br />

of contents, a statement of the case, assigned errors, propositions of law, and a<br />

statement of facts. See, § 2-109(D)(1)<br />

Walsh v. State, 276 Neb. 1034, 759 N.W.2d 100 (2009)<br />

A judgment or final order rendered by a district court in a judicial review pursuant to<br />

the Administrative Procedure Act may be reversed, vacated, or modified by an<br />

appellate court for errors appearing on the record. When reviewing an order of a<br />

district court under the Administrative Procedure Act for errors appearing on the<br />

record, the inquiry is whether the decision conforms to the law, is supported by<br />

competent evidence, and is neither arbitrary, capricious, nor unreasonable.<br />

Nothnagel v. Neth, 752 N.W.2d 149 (2008).<br />

To be considered by (the appellate) court, an alleged error must be both specifically<br />

assigned and specifically argued in the brief of the party asserting the error.<br />

Malchow v. Doyle, 275 Neb. 530, 748 N.W.2d 28 (2008).<br />

Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921)<br />

[J]urisdiction of the court in matters relating to divorce and alimony is given by<br />

statute, and every power exercised by the court in reference thereto must look to the<br />

statute or it does not exist. [Citation omitted.] We cannot change it; we must<br />

therefore take the decree as we find it, inasmuch as the interested parties have<br />

made no move to change it but have treated it as final.<br />

Bankruptcy<br />

Changes to federal bankruptcy laws that took effect in October 2005 have<br />

streamlined the process for enforcing child support orders against obligated parents<br />

who have filed for protection under federal bankruptcy law. Generally, any enforcement<br />

action you are able to utilize against an obligated parent who is not in bankruptcy court<br />

may also be utilized against an obligated parent who has filed for bankruptcy protection.<br />

Please see www.acf.hhs.gov/programs/cse/pol/AT/2006/at-06-05.htm for more<br />

information. A useful “Q & A” series on the relationship between child support and<br />

bankruptcy may be found at: http://www.acf.hhs.gov/programs/cse/pol/AT/2006/at-06-<br />

05a.pdf<br />

By letter from <strong>Nebraska</strong>’s HHSS’ Administrator of the Office of Economic and<br />

Family <strong>Support</strong>, county and authorized attorneys are asked to file Proofs of Claim with<br />

bankruptcy courts for all cases where you are notified that an obligated parent has filed<br />

for bankruptcy protection, regardless under which Chapter (7, 12 or 13) the filing took<br />

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