Child Support Enforcement - Sarpy County Nebraska

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Child Support & Related (see also Earning Capacity, Equity, Guidelines, Modification Issues, Temporary Support) Temporary child support – see § 42-357. § 42-364 (4) states in part that “Child support paid to the party having custody of the minor child shall be the property of such party except as provided in section 43-512.07.” With regard to requests for an accounting of child support monies spent by a custodial parent, see: 42-364. Dissolution or legal separation; decree; parenting plan; children; custody determination; rights of parents; child support; termination of parental rights; court; duties; modification proceedings. … (6) In determining the amount of child support to be paid by a parent, the court shall consider the earning capacity of each parent and the guidelines provided by the Supreme Court pursuant to section 42-364.16 for the establishment of child support obligations. Upon application, hearing, and presentation of evidence of an abusive disregard of the use of child support money paid by one party to the other, the court may require the party receiving such payment to file a verified report with the court, as often as the court requires, stating the manner in which such money is used. §42-358.01. Delinquent support order payments; records. Records of delinquencies in support order payments shall be kept by the Title IV-D Division of the Department of Health and Human Services or by the clerks of the district courts pursuant to their responsibilities under law. Source: Laws 1975, LB 212, § 3; Laws 2000, LB 972, § 10; Laws 2007, LB296, § 57. See § 42-364.13 for required contents of child support orders. §42-369 Support or alimony; presumption; items includable; payments; disbursement; enforcement; health insurance. (4) All orders, decrees, or judgments for temporary or permanent support payments, including child, spousal, or medical support, and all orders, decrees, or judgments for alimony or modification of support payments or alimony shall direct the payment of such sums to be made commencing on the first day of each month for the use of the persons for whom the support payments or alimony have been awarded. Such payments shall be made to the clerk of the district court (a) when the order, decree, or judgment is for spousal support, alimony, or maintenance support and the order, decree, or judgment does not also provide for child support, and (b) when the payment constitutes child care or day care expenses, unless payments under subdivision (1)(a) or (1)(b) of this section are ordered to be made directly to the obligee. All other support order payments shall be made to the State Disbursement Unit. In all cases in which income withholding has been implemented pursuant to the Income Withholding for Child Support Act or sections 42-364.01 to 42-364.14, support order payments shall be made to the State Disbursement Unit. The court may order such payment to be in cash or guaranteed funds. . . . - 16 -
(4) Orders, decrees, and judgments for temporary or permanent support or alimony shall be filed with the clerk of the district court and have the force and effect of judgments when entered. The clerk and the State Disbursement Unit shall disburse all payments received as directed by the court and as provided in sections 42-358.02 and 43-512.07. Records shall be kept of all funds received and disbursed by the clerk and the unit and shall be open to inspection by the parties and their attorneys. § 43-513.01. Judgment for child support; death of judgment debtor. A judgment for child support shall not abate upon the death of the judgment debtor. Source: Laws 1984, LB 657, § 1. § 43-1404 Child support; liability of parents; discharge. The liability of the father or mother of a child for its support shall be discharged by compliance with the terms of a judicial decree for support or the terms of a judicially approved settlement or by the adoption of the child by some other person or persons. Source: Laws 1941, c. 81, § 4, p. 323; C.S.Supp.,1941, § 43-704; R.S.1943, (1983), § 13-104 § 43-1405. Child support; liability of father; discharge by settlement; requirements. A settlement provided for in section 43-1404 means a voluntary agreement between the father of the child and the mother or some person authorized to act in her behalf, or between the father and the next friend or guardian of the child, whereby the father promises to make adequate provision for the support of the child. In the event that such a settlement is made it shall be binding on all parties and shall bar all other remedies of the mother and child and the legal representatives of the child so long as it shall be performed by the father, if said settlement is approved by the court having jurisdiction to compel the support of the child. The court shall approve such settlement only if it shall find and determine that adequate provision is made for the support of the child and that the father shall have offered clear evidence of his willingness and ability to perform the agreement. The court, in its discretion, may require the father to furnish bond with proper sureties conditioned upon the performance of the settlement. Source: Laws 1941, c. 81, § 5, p. 323; C.S.Supp.,1941, § 43-705; ; R.S.1943, (1983), § 13-105. § 43-1410 Child support; decree or approved settlement; effect after death of parent. Any judicially approved settlement or order of support made by a court having jurisdiction in the premises shall be binding on the legal representatives of the father or mother in the event of his or her death, to the same extent as other contractual obligations and judicial judgments or decrees. Source: Laws 1941, c. 81, § 10, p. 325; C.S.Supp.,1941, § 43-710; R.S.1943, (1983), § 13-110. § 43-1705 Child support, defined. Child support shall mean support for one or more children. Source: Laws 1985, Second Spec. Sess., LB 7, § 25 § 43-1716. Support, defined. Support shall mean the providing of necessary shelter, food, clothing, care, medical support, medical attention, education expenses, funeral expenses, or any other reasonable and necessary expense. Source: Laws 1985, Second Spec. Sess., LB 7, § 36; Laws 1991, LB 457, § 24. - 17 -
Page 1 and 2: The Unicameral remains in session u
Page 3 and 4: Table of Contents:* * (accessible v
Page 5 and 6: Table of Contents (continued): Mili
Page 7 and 8: A Note for Legal Practitioners: Mem
Page 9 and 10: Secondly, I have taken the approach
Page 11 and 12: sections, the county attorney or au
Page 13 and 14: final court-ordered determination t
Page 15 and 16: clerk of the district court in whic
Page 17 and 18: (1) In proceedings under sections 4
Page 19 and 20: Nebraska courts, through their inhe
Page 21: place. This recommendation recogniz
Page 25 and 26: Mother apparently consents to this
Page 27 and 28: Johnson v. Johnson, 215 Neb. 689, 3
Page 29 and 30: stand dismissed without prejudice a
Page 31 and 32: This case includes an excellent sum
Page 33 and 34: Koch v. Koch, 226 Neb. 305, 312, 41
Page 35 and 36: We conclude that the state was not
Page 37 and 38: Modifying the amounts awarded to a
Page 39 and 40: [P]ublic policy forbids enforcement
Page 41 and 42: Carroll v. Moore, 228 Neb. 561, 423
Page 43 and 44: (3) … A rebuttable presumption of
Page 45 and 46: Lenz v. Lenz, 222 Neb. 85, 382 N.W.
Page 47 and 48: Finally, we conclude that for futur
Page 49 and 50: (7) Criminal nonsupport is a Class
Page 51 and 52: A mother’s testimony that one is
Page 53 and 54: Neither of the parties is authorize
Page 55 and 56: In guardianship termination proceed
Page 57 and 58: Weinand v. Weinand, 260 Neb. 146, 6
Page 59 and 60: verification forms instead of tax r
Page 61 and 62: State v. Cummings, 2 Neb. App. 820,
Page 63 and 64: Where parents of the child are sepa
Page 65 and 66: any unpaid child support obligation
Page 67 and 68: Henderson v. Henderson, 264 Neb. 91
Page 69 and 70: (0,1,2,or 3+) and how much “earne
Page 71 and 72: Earning capacity may be used as a b
Page 73 and 74:
esponding state is modifying a supp
Page 75 and 76:
[T]he duration of the support oblig
Page 77 and 78:
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,
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(1) That withholding is not proper
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Source: Laws 1974, LB 354, § 226,
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In re Interest of Lakota Z. & Jacob
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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
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Sears v. Larson, 259 Neb. 760, 612
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health care coverage is not availab
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Druba v. Druba , 238 Neb. 279, 470
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Rouse v. Rouse, 18 Neb. App. 128, 7
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There is a presumption that income
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The Nebraska Supreme Court has not
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§42-364.12 Child support; withhold
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Source: Laws 1985, Second Spec. Ses
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shall withhold for each notice the
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forward the child support payment.
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Servicemembers Civil Relief Act of
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Judgments (see also Jurisdiction) 2
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Source: Laws 1972, LB 820, § 5; La
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[J]urisdiction is the inherent powe
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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
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NCP had no control as to when trust
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[T]he district court abused its dis
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Note: In response to a new federal
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(1) Child support orders in cases i
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§43-512.17. Title IV-D child suppo
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In the initial determination of chi
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The federal government provides Soc
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Material change in circumstances in
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Peter v. Peter, 262 Neb. 1017, 637
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See also: Wilkins v. Wilkins, 269 N
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Adoption/Modification of the Nebras
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A party seeking to modify a dissolu
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(2)The department, through its agen
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§ 43-1408.01 Notarized acknowledgm
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(4) All judgments under this sectio
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See also Shermanv. Neth, 283 Neb. 8
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grounds of newly discovered evidenc
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Fianna has resided with Jeffrey sin
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State on Behalf of Hopkins v. Batt,
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(4) . . . (a) If any case contains
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CONVENTION ON THE INTERNATIONAL REC
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To prevail on a motion to remove a
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Cooper v. Cooper, 8 Neb. App. 532,
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What God -- or the State -- has law
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court should take into consideratio
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Federal Express (FedEx): FedEx Prio
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(c) PENALTY FOR MAKING OR USING FAL
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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
Page 189 and 190:
[A]limony should not be used to equ
Page 191 and 192:
contumacious, but it provides no re
Page 193 and 194:
parties will have to start over aga
Page 195 and 196:
state has and shall exercise contin
Page 197 and 198:
§ 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
Page 215 and 216:
In contrast to recent years, the 20
Page 217 and 218:
Military Retirement pay info - www.
Page 219 and 220:
Daily Legal Newswire - www.law.com/
Page 221:
Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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