Fox v. . Whitbeck, 835 N.W.2d 638

Fox obtained a paternity and child support lien against Whitbeck dating to 1996 with ongoing arrears.
Whitbeck conveyed the Omaha property by quitclaim deeds first to Thiem (2004) and then to McWilliams (2006).
Fox sought an execution sale against Whitbeck’s property to satisfy arrears; sheriff attempted but needed court order due to title changes.
Whitbeck’s interests were conveyed despite Fox’s lien; McWilliams intervened asserting due process and other defenses.
Trial court ordered an execution sale of the property titled in McWilliams’ name; Fox’s lien attached to the property interests.
The district court confirmed the sale; McWilliams appealed arguing lack of debtor’s interest and statutory limits on execution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can sheriff levy on property not owned by debtor	McWilliams: no interest by Whitbeck; no authority to levy	Whitbeck/Fox: lien attaches to property; transfer subject to lien	Reversed; lack of debtor’s interest voids execution.
Effect of child support lien on subsequent transferees	McWilliams: lien not enforceable against property transferred to Thiem/McWilliams	Fox: lien attaches and binds transferees; priority preserved	Lien attaches; transferees take subject to lien.
Authority under §§ 25-1516 and 25-1518 to levy on non-debtor property	McWilliams: statute limits execution to debtor’s property interests	Fox: lien allows execution against property even if titled in another party	Statutes require debtor’s property interests; sale invalid without debtor’s interest.

Fox v. Whitbeck, 280 Neb. 75, 783 N.W.2d 774 (2010) (child support lien priority over later encumbrances; lien attaches to property)
McCook Nat. Bank v. Myers, 243 Neb. 853, 503 N.W.2d 200 (1993) (execution against lands and tenements of the debtor)
United States Nat. Bank v. Rupe, 207 Neb. 131, 296 N.W.2d 474 (1980) (case on execution and property interests)