Erpelding v. Southall

CourtNebraska Court of Appeals
DecidedJuly 14, 2026
DocketA-25-622
StatusUnpublished

This text of Erpelding v. Southall (Erpelding v. Southall) is published on Counsel Stack Legal Research, covering Nebraska Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Erpelding v. Southall, (Neb. Ct. App. 2026).

Opinion

IN THE NEBRASKA COURT OF APPEALS

MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion)

ERPELDING V. SOUTHALL

NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E).

SHAWN ERPELDING, AS NEXT FRIEND TO G. E., A MINOR CHILD, APPELLANT,

V.

DIANE SOUTHALL, APPELLEE.

Filed July 14, 2026. No. A-25-622.

Appeal from the District Court for Buffalo County: JOHN H. MARSH, Judge. Affirmed. Shawn R. Erpelding, pro se. Andrew W. Hoffmeister, Chief Deputy Buffalo County Attorney, for appellee.

RIEDMANN, Chief Judge, and MOORE and PIRTLE, Judges. MOORE, Judge. INTRODUCTION Shawn Erpelding appeals from the order of the district court for Buffalo County that denied his motion to quash Erpelding’s child support and medical support arrearages, and his ongoing medical support, and which determined that Erpelding was subject to income withholding for purposes of collecting those balances. For the reasons set forth herein, we affirm. STATEMENT OF FACTS Paternity Proceedings. In May 2012, Erpelding filed a complaint in the district court to establish paternity, custody, parenting time, and child support for his minor child with Diane Southall. In July, the court entered a temporary parenting plan granting primary physical custody to Southall, and in

-1- August, the court ordered Erpelding to pay temporary child support of $225 per month. See State v. Erpelding, 292 Neb. 351, 874 N.W.2d 265 (2015). On July 15, 2013, the district court entered a final order in the paternity proceedings (the July 2013 final order). The court found that Erpelding was the father of the child and awarded custody to Southall, subject to Erpelding’s specified parenting time. In addressing support for the child, the court noted evidence that the child was receiving Medicaid benefits from the State and that neither party had health insurance available through employment. The court ordered Erpelding to pay $379 per month in “child support.” It also found Erpelding was “obligated to make a medical support payment in the amount of $62[] per month for the benefit of the State of Nebraska.” Erpelding’s total payment for both types of support ($441 per month) was to be made to the Nebraska Department of Health and Human Services (DHHS) child support payment center. The court stated that “should [Erpelding] be other than self-employed, [he] shall establish income withholding through his employer to meet the child support obligation.” Subsequently, Southall sent a letter to the district court, asking the court to “immediately stop all current and past child support.” The court entered an order on December 3, 2013, suspending Erpelding’s “child support obligation” as of that date (the December 2013 suspension order). The court stated that upon application by either Southall or the State, Erpelding’s “child support obligation” could be reinstated. The court’s December 2013 suspension order did not address Erpelding’s obligation for medical support or any past due obligations for either child support or medical support. Erpelding did not appeal from the December suspension 2013 order or from the previous order for temporary child support. See State v. Erpelding, supra. Criminal Conviction for Nonsupport. Southall began receiving Aid to Dependent Children (ADC) assistance for her child with Erpelding through DHHS in August 2012, and child support was assigned to DHHS. See State v. Erpelding, supra. See, also, Neb. Rev. Stat. § 43-512.07 (Cum. Supp. 2024) (concerning assignment of support to DHHS). DHHS referred Erpelding’s case to a support enforcement officer with the Buffalo County attorney’s office. Ultimately, Erpelding was arrested and charged with four counts of criminal nonsupport pursuant to Neb. Rev. Stat. § 28-706 (Reissue 2008) for failing to pay the first 4 months of his temporary child support obligation. State v. Erpelding, supra. The State also charged Erpelding as a habitual criminal pursuant to Neb. Rev. Stat. § 29-2221 (Reissue 2008). State v. Erpelding, supra. Following a jury trial, Erpelding was convicted of all four counts of criminal nonsupport. Id. Subsequently, the district court found that Erpelding was a habitual criminal and sentenced him to concurrent terms of 10 to 15 years’ imprisonment on each count. Id. Erpelding appealed, and the Nebraska Supreme Court affirmed his convictions and sentences. Id. Erpelding subsequently filed a motion for postconviction relief, which was denied by the district court without a hearing. This court affirmed the district court’s order in August 2018. State v. Erpelding, No. A-17-332, 2018 WL 3752164 (Neb. App. Aug. 7, 2018) (selected for posting to court website). Collection Efforts by State. Nebraska statutes provide certain techniques to enforce support orders, including administrative attachment. See Neb. Rev. Stat. § 43-3328 (Reissue 2016). See, also, Neb. Rev.

-2- Stat. § 43-3333(1) (Reissue 2016) (concerning seizure of obligor’s property and notice of arrearage in administrative attachment cases). The State sent Erpelding a notice of arrearage, dated April 4, 2025, notifying him pursuant to § 43-3333 that “official support payment records” indicated he was $12,018.78 delinquent in his child support and medical support payments. This amount was comprised of $1,674.15 in past due child support, plus $618.08 interest; and $8,680 in past due medical support, plus $1,046.55 interest. The notice also indicated Erpelding’s ongoing medical support obligation of $62 per month. The notice informed Erpelding that any amounts past due that might accumulate after the notice would be included in enforcement actions and that his property may be seized without further notice if he did not respond or clear up the arrearage. The notice included information about Erpelding’s right to request an administrative hearing and how to request such a hearing. The notice concluded by stating that an administrative hearing could not change an existing court order or the amount of past due support. Erpelding submitted a request for an administrative hearing to the DHHS Child Support Enforcement Unit. Income withholding is also a technique used for the collection of “child, spousal, and medical support and monetary judgments.” Neb. Rev. Stat. § 43-1702 (Reissue 2016). The Income Withholding for Child Support Act provides “a simplified and relatively automatic procedure for implementing income withholding in order to guarantee that child, spousal, and medical support obligations and monetary judgments are met when income is available for that purpose, to encourage voluntary withholding by obligors, and to facilitate the implementation of income withholding based on foreign support orders.” Id. The State issued an income withholding for support notice concerning Erpelding, dated April 4, 2025, and directed it to the Nebraska Department of Corrections (DOC). The notice informed the DOC that the notice was “based on the support or withholding order from Nebraska” and that it was required to deduct $472 per month from Erpelding’s income until further notice ($379 per month for past due child support, $62 per month for current cash medical support, and $31 per month for past due cash medical support). Erpelding’s Motions.

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Erpelding v. Southall, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erpelding-v-southall-nebctapp-2026.