23.06.2014 Views

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

Child Support Enforcement - Sarpy County Nebraska

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Juvenile Court<br />

Many headaches are caused in attorneys when juvenile courts become involved in matters<br />

previously governed by county or district courts.<br />

§ 42-348. Proceedings; where brought; transfer of proceedings; orders; how treated.<br />

All proceedings under sections 42-347 to 42-381 shall be brought in the district court of the<br />

county in which one of the parties resides. Proceedings may be transferred to a separate juvenile<br />

court or county court sitting as a juvenile court which has acquired jurisdiction pursuant to<br />

section 43-2,113. Certified copies of orders filed with the clerk of the court pursuant to such<br />

section shall be treated in the same manner as similar orders issued by the court.<br />

Source: Laws 1972, LB 820, § 2; Laws 1985, Second Spec. Sess., LB 7, § 9; Laws 1996, LB 1296, § 10;<br />

Laws 1997, LB 229, § 8.<br />

In the Interest of Ethan M., 18 Neb.App. 63, 774 N.W.2d 766 (2009)<br />

We begin by noting that a county court sitting as a juvenile court has the power to<br />

conduct a child custody modification proceeding because it has been granted<br />

subject matter jurisdiction to do so. Pursuant to 2008 Neb. Laws, L.B. 280, the<br />

Legislature modified the jurisdiction of juvenile courts and county courts sitting as<br />

juvenile courts so that these courts could exercise jurisdiction over custody matters<br />

when the court already has jurisdiction over the juvenile for another purpose. See<br />

Neb.Rev.Stat. §§ 24-517, 25-2740, and 43-247 (Reissue 2008). In this regard, § 25-<br />

2740(3) provides that "a county court or separate juvenile court which already has<br />

jurisdiction over the child whose paternity or custody is to be determined has<br />

jurisdiction over such paternity or custody determination." Pursuant to § 25-<br />

2740(1)(b), a custody determination is defined as a proceeding "to determine<br />

custody of a child under [Neb.Rev.Stat. § ] 42-364 [ (Reissue 2008) ]." Neb.Rev.Stat.<br />

§ 42-364 (Reissue 2008) pertains to custody actions including those involving "<br />

[m]odification proceedings." Prior to the passage of L.B. 280, juvenile courts and<br />

county courts sitting as juvenile courts did not have subject matter jurisdiction over<br />

such proceedings.<br />

In re Interest of Tamika S. et al., 3 Neb.App. 624, 529 N.W.2d 147 (1995)<br />

Guidelines apply in juvenile cases where child support is ordered.<br />

License Suspension<br />

See generally <strong>Nebraska</strong> Revised Statutes §§43-3301 through 43-3326. The intent of the<br />

law is to collect all support owed, and not to suspend licenses. It is an enforcement tool<br />

especially effective for non-wage earning and self-employed individuals who hold such<br />

licenses. It can be imposed through an administrative or judicial process. In my<br />

experience, very few license holders understand their rights with regard to the license<br />

suspension process. A simple phone call by an obligated parent to the DHHS Review &<br />

Modification office (1-800-831-4573) would stave off further actions to suspend the<br />

parent’s licenses for up to one year.<br />

§43-3314 Delinquent or past-due support; notice to license holder; contents.<br />

(1) When the department or a county attorney or authorized attorney has made reasonable<br />

efforts to verify and has reason to believe that a license holder in a case receiving services under<br />

Title IV-D of the Social Security Act, as amended, (a) is delinquent on a support order in an<br />

- 114 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!