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Child Support Enforcement - Sarpy County Nebraska

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Spencer v. Spencer, 87 N.W.2d 212, 165 Neb. 675 (1957)<br />

[A]n allowance for child support in a fixed sum payable monthly…survives the death<br />

of the father of the minor children. … Especially is this so where the divorce decree<br />

is made a lien upon the father’s estate.<br />

Section 42-312, R.R.S.1943 (repealed 1972), provides: ‘If the circumstances of the<br />

parties shall change, or it shall be to the best interests of the children, the court may<br />

afterwards from time to time on its own motion or on the petition of either parent<br />

revise or alter, to any extent, the decree so far as it concerns the care, custody and<br />

maintenance of the children or any of them.’<br />

State on Behalf of J. R. v. Mendoza, 240 Neb. 149, 481 N.W.2d 165 (1992)<br />

Stepparent must legally support minor child living in his/her home. Obligation ends<br />

when child emancipates, or when stepparent becomes divorced from parent of child.<br />

See Neb. Rev. Stat. §28-705(1)<br />

Sylvis v. Walling, 248 Neb. 168, 532 N.W.2d 312 (1995).<br />

The duty to support one’s child begins at birth.<br />

Willers v. Willers, 255 Neb. 769, 587 N.W.2d 390 (1998)<br />

We … find that the parental duty to support minor children can be enforced<br />

retroactively to the date of the divorce decree where a child is born in wedlock, the<br />

parents are subsequently divorced, but the divorce decree is silent on the issue of<br />

child support.<br />

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 />

See Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)<br />

Earned Income Tax Credit Information<br />

The following information has been provided by Kelly Boswell, Legal Aid of <strong>Nebraska</strong>, Director,<br />

Low-Income Tax Clinic<br />

The child tax credit (CTC) and earned income tax credit (EITC) are different and often confused.<br />

The CTC is a credit of $1,000 per qualifying child that you also need to claim the dependency<br />

exemption to qualify for. The EITC is a credit that varies in amount based on how many kids<br />

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