Child Support Enforcement - Sarpy County Nebraska

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(2) notify the nonregistering party of the right to a determination of which is the controlling order; (3) state that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and (4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order. (d) Upon registration of an income withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the Income Withholding for Child Support Act or sections 42-347 to 42-381. Source: Laws 1993, LB 500, § 40; Laws 1997, LB 727, § 16; Laws 2003, LB 148, § 79. § 42-741 Procedure to contest validity or enforcement of registered order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 42-742. (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. Source: Laws 1993, LB 500, § 41 § 42-742 Contest of registration or enforcement. (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order was obtained by fraud; (3) the order has been vacated, suspended, or modified by a later order; (4) the issuing tribunal has stayed the order pending appeal; (5) there is a defense under the law of this state to the remedy sought; (6) full or partial payment has been made; (7) the statute of limitation under section 42-739 precludes enforcement of some or all of the alleged arrearages; or (8) the alleged controlling order is not the controlling order. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal shall stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state. (c) If the contesting party does not establish a defense under such subsection to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. Source: Laws 1993, LB 500, § 42; Laws 2003, LB 148, § 80 § 42-743 Confirmed order. . Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. - 184 -
Source: Laws 1993, LB 500, § 43 § 42-745 Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order shall be modified only if the requirements of section 42-746, 42-747.01, or 42-747.03 have been met. Source: Laws 1993, LB 500, § 45; Laws 2003, LB 148, § 81. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999) Under the Uniform Interstate Family Support Act, Neb. Rev. Stat. §42-709(a), an issuing state loses continuing, exclusive jurisdiction to modify child support provisions of a divorce decree once both parents and all their children move away from that state. a responding state acquires jurisdiction to modify the child support provisions of a foreign decree once the following three conditions are met: (1) Both the parents and the children moved away from the issuing state; (2) one of the parents, who is a nonresident of the responding state, seeks modification in the responding state; and (3) the other parent becomes subject to the personal jurisdiction of the responding state. Hamilton v. Foster, 260 Neb. 887, 620 N.W.2d 103 (2000) UIFSA's provisions may only be used to enforce an existing support order, establish a support order where no order has previously been established, or modify an existing support order. See § § 42-714 and 42-733. Lamb v. Lamb, 14 Neb. App. 337, 707 N.W.2d 423 (2005) The silence of the Lambs when this case was decided must have been deafening… UCCJEA ≠ UIFSA The modification of another state’s child support order must be addressed under the Uniform Interstate Family Support Act, Neb. Rev. Stat. §§42-701 to 42- 751 (Reissue 2004). Trogdon v. Trogdon, 18 Neb. App. 313, 780 N.W.2d 45 (2010) Facts: Parties divorced in California. Mom and child later move to Nebraska and Dad moves to Washington State. Years later Mom registers the California divorce in her home state of Nebraska, and seeks to enforce against Dad in Washington. Dad is mailed a copy of the registration by the clerk of district court, and files a written objection on his own with the court, disputing the amount of alleged arrears, but not the court’s lack of personal jurisdiction over him. Two months later, in preparation for the evidentiary hearing on his objection, he hires an attorney, who files an objection, claiming the Nebraska court lacks personal jurisdiction over him. The district court rules that it did have jurisdiction. He later appeals. Held: when the father filed his objection to the registration, he asked the court to address the merits of the cause of action. This simple fact gave the Nebraska court jurisdiction over him. Personal jurisdiction is the power of a tribunal to subject and bind a particular entity to its decisions. Hunt v. Trackwell, 262 Neb. 688, 635 N.W.2d 106 (2001). Lack of personal jurisdiction may be waived and such jurisdiction conferred by the conduct of the parties. Id. For example, a party that files an answer generally denying the allegations of a petition invokes the court’s power on an issue other than personal jurisdiction and confers on the court personal jurisdiction. - 185 -
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Have a Wonderful Summer! Child Supp
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mult
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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Neb. Rev. Stat. § 7-105(2) (Reissu
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See Lehr v. Robertson, 463 U.S. 248
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their attorney of record and, excep
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State ex rel. Lemon v. Gale, 272 Ne
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disobedience as an essential elemen
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student loan that the noncustodial
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having jurisdiction to compel the s
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Drew on Behalf of Reed v. Reed, 16
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income, is to be considered in dete
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§ 48-802 - Statutes, General Rules
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from arriving on the scene, either
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In equity cases trial judges should
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Similarly, a party who does more th
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Common Law Marriages States that au
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Constitutional Issues/ Statutory In
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Little v. Streater, 452 U.S. 1, 101
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In re Interest of Thomas M., 282 Ne
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See Smeal Fire Apparatus Co. v. Kre
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Because a conditional commitment is
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obligation when he currently has an
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An order modifying child custody wh
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Haynes v. Haynes, 205 Neb. 35, 286
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Stuhr v. Stuhr, 240 Neb. 239, 481 N
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By failing to take the genetic test
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State on behalf of L.L.B. v. Hill,
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Due Process Conn v. Conn, 13 Neb. A
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or court order of emancipation or a
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Henderson v. Henderson, 264 Neb. 91
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they have income. There is no floor
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Lainson v. Lainson, 219 Neb. 170, 3
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Millatmal v. Millatmal, 272 Neb. 45
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24A Am. Jur. 2d Divorce and Separat
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[T]he fact that [the custodial pare
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The same principles that apply with
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“[C]oncerns regarding the stigma
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(a) The interpretation of the suppo
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make the appointment. In other case
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Guidelines Issues (Including suffic
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Note: In July 2008 the Federal Chil
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Erica J. v. Dewitt, 265 Neb. 728, 6
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Morrill County v. Darsaklis, 7 Neb.
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Any deviation from the guidelines m
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to also pay reimbursement for reaso
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or law of another state substantial
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§43-1711 Income, defined. Income s
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Simpson v. Simpson, 275 Neb. 152, 7
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§42-364.09. Child support; withhol
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§43-1709. Employer or other payor,
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(6) That the employer or other payo
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income withholding for current supp
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Title IV-D Division of the Departme
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Held: The state was acting beyond i
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(3) Any juvenile…whose parent, gu
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proceeding or a new action. Since t
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State, Dept. of Social Services v.
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amount equal to the support due and
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Source: Laws 1975, LB 212, § 8; La
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The second is used in aid of an exe
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Halsted v. Halsted, 169 Neb. 325, 9
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Neb. Ct. R. § 4-217 Modification.
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she had sufficient resources to pro
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If applicable, earning capacity may
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Gress v. Gress, 274 Neb. 686, 743 N
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A district court may modify a regis
Page 139 and 140: Peter v. Peter, 262 Neb. 1017, 637
Page 141 and 142: See also: Wilkins v. Wilkins, 269 N
Page 143 and 144: Under certain circumstances, an ame
Page 145 and 146: A party seeking to modify a dissolu
Page 147 and 148: (2)The department, through its agen
Page 149 and 150: § 43-1408.01 Notarized acknowledgm
Page 151 and 152: §43-1414. Genetic testing; procedu
Page 153 and 154: Carlson v. Bartels, 143 Neb. 680, 1
Page 155 and 156: as to the paternity of the minor ch
Page 157 and 158: Jones v. Paulson, 261 Neb. 327, 622
Page 159 and 160: in loco parentis to the child. See,
Page 161 and 162: (b) If the court orders income with
Page 163 and 164: enforcement, for example, we are fo
Page 165 and 166: ights of visitation. Later mother c
Page 167 and 168: Matchett v. Dunkle, 244 Neb. 639, 5
Page 169 and 170: Connecticut, the District of Columb
Page 171 and 172: In order to stand in loco parentis,
Page 173 and 174: Of particular interest is the requi
Page 175 and 176: Social Security (Also see Equity, E
Page 177 and 178: Calculate support this way: 1. Mom
Page 179 and 180: Spousal support, when used in the c
Page 181 and 182: punishment for sexual assault in th
Page 183 and 184: Hall v. Hall, 238 Neb. 686, 472 N.W
Page 185 and 186: interests of a child are served by
Page 187 and 188: §42-722. Private counsel. An indiv
Page 189: the following three conditions are
Page 193 and 194: Despite a basic difference in the n
Page 195 and 196: Conrad v. Conrad, 208 Neb. 588, 304
Page 197 and 198: Mace v. Mace, 13 Neb. App. 896, 703
Page 199 and 200: In re Interest of Chance J., 279 Ne
Page 201 and 202: per hour, two hour minimum. C. (1)
Page 203 and 204: (3) If, regardless of whether payme
Page 205 and 206: Rule 21 adopted April 16, 2008. Ren
Page 207 and 208: Nebraska Information System (NIS):
Page 209 and 210: web site: www.usmc-mccs.org/contact
Page 211 and 212: FIPS FPLS IRG IV-D JUSTICE MSFIDM N
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Child Support Enforcement - Sarpy County Nebraska

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