Child Support Enforcement - Sarpy County Nebraska

A nonimmigrant alien authorized to reside in this country on a visitor’s visa does so
on a temporary basis and on the condition that he or she is not abandoning his or
her foreign residence. 8 U.S.C. §1101(a)(15)(B); 8 C.F.R. §214.2(b) (2006). The
residency restrictions placed on a nonimmigrant alien residing on a visitor’s visa
negates the inference that a nonimmigrant alien intends to reside in Nebraska on a
permanent basis merely because he or she has resided in this state for more than 1
year.
There may be instances where a nonimmigrant alien is able to establish an intention
to reside in a state permanently when the alien has offered proof of that intent apart
from his or her presence in that state.
Small v. Small, 229 Neb. 344, 427 N.W.2d 42 (1988)
A district court cannot acquire jurisdiction over dissolution of marriage proceedings
unless one of the parties is a resident of the county in which the court is located at
the time the original petition is filed.
State, Dept. of Social Services v. Cummings, 2 Neb. App. 820, 515 N.W.2d 680 (1994)
Act of sexual intercourse in Nebraska that leads to conception constitutes sufficient
minimum contacts with state of Nebraska to give our court jurisdiction over out-ofstate
resident in paternity action.
State ex rel. Storz v. Storz, 235 Neb. 368, 455 N.W.2d 182 (1990)
Facts: Parents divorce in Hall County, but continue doing “the hanky-panky” during the
(then) 6 month waiting period before their divorce became final. Child was conceived during the
waiting period and born afterward. Later the State brought paternity case in Seward County,
seeking to have ex-husband named as father and to pay support. He admitted paternity but
alleged mother was homeless, so obtained custody of the child. Mother was not amused, and
responded by raising issue of lack of jurisdiction of Seward Co. to
hear case where issues flowed out of Hall Co. divorce case.
Recalling that the Hall County dissolution decree was
rendered on September 22, 1983, the marriage continued
for 6 months following that date, until March 22, 1984.
See, Neb. Rev. Stat. § 42-372. … Consequently, the
record establishes that the child was conceived while the
father and mother were married.
Because the father and mother were married when the child was conceived, the
child is their legitimate son, and he is a product of their marriage. So only the Hall
Co. district court had jurisdiction to address issues of custody and support. [citing
also § 42-377]
parties cannot confer subject matter jurisdiction upon a judicial tribunal by either
consent or acquiescence.
State on Behalf of Joseph F. v. Rial, 251 Neb. 1, 554 N.W.2d 769 (1996)
A district court retains jurisdiction for orders regarding child support notwithstanding
the fact that a paternity determination is on appeal.
Templeton v. Templeton, 9 Neb. App. 937, 622 N.W.2d 424 (2001)
An appellate court is without jurisdiction to entertain appeals from nonfinal orders.
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