Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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A private agreement between parents that would deprive a child of support from one<br />
parent contravenes the public policy of this state.<br />
[B]ecause the right to support belonged to [the child], any agreement made or<br />
actions taken by [the mother] would not be the basis for equitable estoppel in this<br />
paternity and child support action brought by the State on the child’s behalf.<br />
Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)<br />
The power of a court to suspend child support should be exercised only as a last<br />
resort or where it is apparent that to do so affords the only remedy that can<br />
reasonably be expected to fit the mischief.<br />
A court may suspend child support payments when the custodial parent deprives<br />
the noncustodial parent of visitation and there is no showing that the children are<br />
in need.<br />
Wood v. Wood, 266 Neb. 580, 667 N.W.2d 235 (2003)<br />
Although this section does not permit a district court in a dissolution action to order<br />
child support beyond the age of majority, the district court has the authority to<br />
enforce the terms of an approved settlement which may include an agreement to<br />
support a child beyond the age of majority.<br />
Choice of Law – UIFSA<br />
A good discussion on the issue of Choice of Law under UIFSA is had in the case of<br />
Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)<br />
Once <strong>Nebraska</strong> assumes continuing, exclusive jurisdiction and becomes the issuing<br />
state under § 42-746, the substantive law of <strong>Nebraska</strong> governs the nature, extent,<br />
amount and duration of current payments and other obligations of support.<br />
But see: Wills v. Wills, 16 Neb.App. 559 (2008)<br />
The age of emancipation is never modifiable<br />
Under Neb.Rev.Stat. § 42-746(d) (Reissue 2004), the law of the state which issued<br />
the initial controlling order governs the duration of the obligation of support.<br />
Section 42-746 states, in pertinent part:<br />
I Except as otherwise provided in section 42-747.03 , a tribunal of this state shall<br />
not modify any aspect of a child support order that cannot be modified under the<br />
law of the issuing state, including the duration of the obligation of support....<br />
(d) In a proceeding to modify a child support order, the law of the state that is<br />
determined to have issued the initial controlling order governs the duration of the<br />
obligation of support. The obligor’s fulfillment of the duty of support established by<br />
that order precludes imposition of a further obligation of support by a tribunal of<br />
this state.<br />
Civil Procedure, Civil Process & Related<br />
(See also Appellate Practice, Jurisdiction and Miscellaneous. Visit the Supreme Court website’s<br />
Rules link for updates on court rules for all courts)<br />
§ 25-217 Action; commencement; defendant not served; effect.<br />
An action is commenced on the date the complaint is filed with the court. The action shall<br />
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