White v. White, 296 Neb. 772

Elizabeth White filed for dissolution; the district court appointed James McGough as attorney for the minor children and later discharged him from that appointment.
The district court ordered each spouse to pay $2,073.12 to McGough; White did not pay and later listed the debt in bankruptcy, which ultimately discharged her obligation.
McGough moved the district court to find White indigent and to order Douglas County to pay his fees under Neb. Rev. Stat. § 42-358(1); the district court did so.
Douglas County intervened and appealed; the Nebraska Supreme Court reversed, holding White was not indigent and the county should not have been ordered to pay under § 42-358(1).
After mandate, McGough sought $1,719.87 from Douglas County for fees incurred defending that appeal; the district court ordered the county to pay, relying on a court-rule provision for court-appointed criminal appellate counsel. Douglas County appealed that order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court could order Douglas County to reimburse McGough for appellate fees incurred defending Douglas County's appeal	McGough contended the district court had authority to award appellate fees incurred by a court-appointed attorney for the children, relying on court rule language for appointed appellate counsel	Douglas County argued no statute or authority permits expenditure of public funds for appointed civil counsel when no responsible party is indigent; the county also argued procedural defects	Reversed: district court lacked authority. No statute authorizes county payment of appointed attorney fees in a dissolution case absent an indigent responsible party under § 42‑358(1); court rule governing criminal appointed appellate counsel does not apply to this civil context

Mathews v. Mathews, 267 Neb. 604 (statutory interpretation is a question of law)
Wetovick v. County of Nance, 279 Neb. 773 (attorney fees recoverable only when statute or uniform procedure permits)
Kovarik v. County of Banner, 192 Neb. 816 (county may be ordered to pay attorney fees in fundamental criminal indigency contexts)
Guenzel-Handlos v. County of Lancaster, 265 Neb. 125 (rules for county expenditures of public funds should be set by Legislature)
Garza v. Garza, 288 Neb. 213 (recognition of uniform procedure for awarding attorney fees in dissolution cases)
White v. White, 293 Neb. 439 (prior appeal holding White was not indigent; reversal of county-fee order)
Brackhan v. Brackhan, 3 Neb. App. 143 (county has standing to appeal orders requiring it to pay appointed counsel fees)