Child Support Enforcement - Sarpy County Nebraska

§ 25-517.02. Substitute and constructive service.
Upon motion and showing by affidavit that service cannot be made with reasonable diligence by
any other method provided by statute, the court may permit service to be made (1) by leaving the
process at the defendant’s usual place of residence and mailing a copy by first-class mail to the
defendant’s last-known address, (2) by publication, or (3) by any manner reasonably calculated
under the circumstances to provide the party with actual notice of the proceedings and an
opportunity to be heard.
Source: Laws 1983, LB 447, §33.
§ 42-364. Action involving child support, child custody, parenting time, visitation, or other
access; parenting plan; legal custody and physical custody determination; rights of
parents; child support; termination of parental rights; court; duties; modification
proceedings; use of school records as evidence.
(1) . . .
. . .
(6) Modification proceedings relating to support, custody, parenting time, visitation, other
access, or removal of children from the jurisdiction of the court shall be commenced by filing
a complaint to modify. . . . Service of process and other procedure shall comply with the
requirements for a dissolution action.
(7) . . .
Source: Laws 1983, LB 138, § 1; Laws 1985, LB 612, § 1; Laws 1985, Second Spec. Sess., LB 7, § 16;
Laws 1991, LB 457, § 3; Laws 1991, LB 715, § 1; Laws 1993, LB 629, § 21; Laws 1994, LB 490, § 1;
Laws 1996, LB 1296, § 15; Laws 1997, LB 752, § 96; Laws 2004, LB 1207, § 25; Laws 2006, LB 1113, §
35; Laws 2007, LB554, § 32; Laws 2008, LB1014, § 32; Laws 2009, LB288, § 5; Laws 2010, LB901, § 1.
Operative Date: July 1, 2010
Conaty v. Boelhower, 218 Neb. 193, 352 N.W.2d 619 (1984)
a personal money judgment could not be supported on the basis of substituted
service.
Johnson v. Johnson, 282 Neb., 42, 803 N.W.2d 420 (Aug. 2011)
a voluntary appearance signed the day before the petition is filed waives service of
process if filed simultaneously with or after the petition.
Kovar v. Habrock, 261 Neb. 337, 622 N.W.2d 688 (2001)
The language of Neb. Rev. Stat. §25-217 providing for dismissal of unserved
petitions is self-executing and mandatory.
Service of process on a party must be perfected within 6 months of the filing date of
the action, or the action is deemed dismissed by operation of law.
If orders are made following a dismissal by operation of law under Neb. Rev. Stat.
§25-217, they are a nullity, as are subsequent pleadings.
Servicemembers Civil Relief Act of 2003 (SCRA)
See http://usmilitary.about.com/od/sscra/l/blscramenu.htm and
www.bankersonline.com/regs/201/sscra.html
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