SIMONS v. SIMONS

No. S-99-1442.

624 N.W.2d 36 (2001)

261 Neb. 570

Diana Lee SIMONS, Appellee, v. Ronald David SIMONS, Appellant.

Supreme Court of Nebraska.

April 6, 2001.


Attorney(s) appearing for the Case

Ralph E. Peppard, Omaha, for appellant.

Mary Pat K. Coe, for State of Nebraska.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


HENDRY, C.J.

INTRODUCTION

On June 10, 1997, Ronald David Simons filed a declaratory judgment action asking the court to declare the Income Withholding for Child Support Act (the Act), currently codified at Neb.Rev.Stat. § 43-1701 et seq. (Reissue 1998 & Cum.Supp.2000), unconstitutional and to quash a May 1997 amended notice to withhold child support from his earnings. The court denied Ronald any relief, and Ronald appeals.

FACTUAL BACKGROUND...

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