Child Support Enforcement - Sarpy County Nebraska

we now hold that in an action for dissolution or annulment, a parent may accept
child support and yet appeal other issues in the decree.
An innocent party is one who "entered into the contract of marriage in good faith
supposing the other to be capable of contracting."
In order to determine the proper meaning of good faith, we look to the putative
marriage doctrine [see § 42-378]. … The putative marriage doctrine provides
that, when a marriage is declared a nullity, the civil effects of a legal marriage will
continue to flow to the parties who contracted the marriage in good faith…. In
other words, a putative spouse will have many of the rights of an actual spouse.
… Good faith, in the context of a putative marriage, means an honest and
reasonable belief that the marriage was valid at the time of the ceremony.
We hold that § 42-378 applies when one or both of the parties are innocent.
See also Randall v. Randall, 216 Neb. 541, 345 N.W.2d 319 (1984).
In re Interest of Brittany C. et al., 13 Neb. App. 411, 693 N.W.2d 592 (2005)
For purposes of appeal, papers requested to be judicially noticed must be
marked, identified, and made part of record
Mace v. Mace, 13 Neb. App. 896, 703 N.W.2d 624 (2005)
Under the “law of the case” doctrine, holdings of an appellate court on questions
presented to it in reviewing proceedings of the trial court conclusively settle, for
the purpose of that litigation, all matters ruled upon, either expressly or by
necessary implication.
Medlock v. Medlock, 263 Neb. 666, 642 N.W.2d 113 (2002)
A party cannot complain of error which that party has invited the court to commit.
A party cannot ask a court to use income averaging for a certain number of years
in modifying support, then object to the court when it averages income for a
different set of years. See Willcock v. Willcock, 12 Neb. App. 422 (2004)
Schroeder v. Schroeder, 223 Neb. 684, 392 N.W.2d 787 (1986)
A plaintiff may enter a dismissal as a matter of right at any time before final
submission of a case.
Temporary orders perish at the moment the Plaintiff’s suit ceases to exist.
Smith v. Smith, 201 Neb. 21, 265 N.W.2d 855 (1978)
1. Courts: Divorce: Infants: Child Support. Where a divorce decree provides for the
payment of stipulated sums monthly for the support of a minor child or children,
contingent only upon a subsequent order of the court, such payments become
vested in the payee as they accrue. The courts are without authority to reduce
the amounts of such accrued payments.
2. Equity: Time. Where the obligation is clear and its essential character has not
been changed by lapse of time, equity will enforce a claim of long standing as
readily as one of recent origin, especially between the immediate parties to the
litigation.
3. Equity: Laches. The defense of laches prevails only when it has become
inequitable to enforce the claimant’s right, and it is not available to one who has
- 200 -