Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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In re Interest of Lakota Z. & Jacob H., 282 Neb. 584, 804 N.W.2d 174 (2011)<br />
In guardianship termination proceedings involving a biological or adoptive parent,<br />
the parental preference principle serves to establish a rebuttable presumption that<br />
the best interests of a child are served by reuniting the child with his or her parent.<br />
An individual who opposes the termination of a guardianship bears the burden of<br />
proving by clear and convincing evidence that the biological or adoptive parent either<br />
is unfit or has forfeited his or her right to custody. Absent such proof, the<br />
constitutional dimensions of the relationship between parent and child require<br />
termination of the guardianship and reunification with the parent.<br />
Uhing v. Uhing, 241 Neb. 368, 488 N.W.2d 366 (1992)<br />
In a parent’s habeas corpus proceeding directed at child custody, a court may not<br />
deprive a parent of a minor’s custody unless it is affirmatively shown that the parent<br />
seeking habeas corpus relief is unfit to perform the parental duties imposed by the<br />
parent-child relationship or has legally lost parental rights in the child.<br />
Guidelines Issues<br />
(Including sufficient and insufficient reasons for deviating from the guidelines —<br />
See also Modification Issues)<br />
Note: Minor tweaking of the <strong>Nebraska</strong>’s child support guidelines took effect Sept. 1,<br />
2011. View Amendments<br />
Among the largest changes are:<br />
a change to Worksheet #1, adding cash medical support as a factor that adjusts<br />
a final child support award, much as the cost of dependent health insurance<br />
does;<br />
Birth related medical expenses remain uncollectable. “Health insurance” is now<br />
defined to include coverage for medical, dental, orthodontic, optometric, substance<br />
abuse, and mental health treatment;<br />
If a court orders a parent to pay cash medical support, it shall be in lieu of, and not<br />
in addition to, requiring the parent to also pay reimbursement for reasonable and<br />
necessary children’s health care costs;<br />
If the child is residing with a third party, the court shall order each of the parents to<br />
pay to the third party their respective amounts of child support as determined by the<br />
worksheet.<br />
View <strong>Child</strong> <strong>Support</strong> Guidelines Worksheets and Income Shares Table<br />
§42-364.16 <strong>Child</strong> support guidelines; establishment; use.<br />
The Supreme Court shall provide by court rule, as a rebuttable presumption, guidelines for the<br />
establishment of all child support obligations. <strong>Child</strong> support shall be established in accordance<br />
with such guidelines, which guidelines are presumed to be in the best interests of the child,<br />
unless the court finds that one or both parties have produced sufficient evidence to rebut the<br />
presumption that the application of the guidelines will result in a fair and equitable child support<br />
order.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 18; Laws 1994, LB 1224, § 46.<br />
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