Child Support Enforcement - Sarpy County Nebraska

State on behalf of L.L.B. v. Hill, 268 Neb. 355, 682 N.W.2d 709 (2004)
To be entitled to equitable relief from a judgment, a party must show that the
situation is not due to his or her fault, neglect, or.carelessness.
Here, Hill does not deny that he received notice of the 1996.petition to establish
paternity and the State’s motion for DNA. Testing. Instead of having the testing
done, he failed to appear, resulting in a default judgment. …Even though he firmly
believed. That he was not the child’s father, he did nothing until the State.
Commenced contempt proceedings in 2002, almost 5 years after. The dismissal of
his motion to vacate in term. It was Hill’s. inexcusable lack of diligence which led
to the accumulation of the arrearages, and as a result, equity will not aid him in
vacating those arrearages.
State on Behalf of J. R. v. Mendoza, 240 Neb. 149, 481 N.W.2d 165 (1992)
(Discussed in more detail elsewhere in this outline) Is a party who signs and files a
sworn acknowledgment of paternity with the department of vital statistics for
purposes of obtaining a new birth certificate conclusively established as the child’s
“legal father?” “[W]e decline to give such an acknowledgment conclusive effect.”
“[C]oncerns regarding the stigma of illegitimacy should not outweigh the primary
purposes of the filiation statutes: identifying the biological fathers of children born out
of wedlock and imposing on them an obligation of support.”
Thompson v. Thompson, 18 Neb.App. 363, 782 N.W.2d 607 (2010)
An obligor parent is entitled to a credit against his or her current child support
obligation for payments made by the Department of Veterans Affairs to the child as a
result of the obligor parent’s disability, in the absence of circumstances making the
allowance of such a credit inequitable.
Truman v. Truman, 256 Neb. 628, 591 N.W.2d 81 (1999)
The doctrine of equitable estoppel could operate to excuse the payment of accrued
child support under appropriate factual circumstances
Weaver v. Compton III, 8 Neb. App. 961,605 N.W.2d 478 (2000)
It is not error to credit an obligated parent’s child support balance sheet with cash
payments and non-monetary assets (a car) sent to the custodial parent directly by
the obligated parent’s relatives, which payments were intended for use in the
support of the minor child.
Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)
Neither of the parties is authorized to interfere with the court’s orders and only the
court can determine what, if any, adjustments should be made.
The power of a court to suspend child support should be exercised only as “a last
resort or where it is apparent that to do so affords the only remedy that can
reasonably be expected to fit the mischief.” – citing Biesecker v. Biesecker, 190 Neb.
808, 809, 212 N.W.2d 576, 577 (1973).
As a general rule, the custodial parent’s right of support and the noncustodial
parent’s right of visitation are entitled to separate enforcement. A failure to pay child
support does not justify a parent’s unilateral withdrawal of visitation rights, and a
failure to allow visitation does not justify a parent’s unilateral nonpayment of support.
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