Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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To constitute a final, appealable order…, the case must involve an order which<br />
affects a substantial right in an action and which determines the action and prevents<br />
a judgment. O’Connor v. Kaufman, 255 Neb. 120, 582 N.W.2d 350 (1998); Hake v.<br />
Hake, 8 Neb. App. 376, 594 N.W.2d 648 (1999). Such an order must dispose of the<br />
whole merits of the case and must leave nothing for further consideration of the<br />
court, and thus, the order is final when no further action of the court is required to<br />
dispose of the pending cause; however, if the cause is retained for further action, the<br />
order is interlocutory.<br />
Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921)<br />
[J]urisdiction of the court in matters relating to divorce and alimony is given by<br />
statute, and every power exercised by the court in reference thereto must look to the<br />
statute or it does not exist. [Citation omitted.] We cannot change it; we must<br />
therefore take the decree as we find it, inasmuch as the interested parties have<br />
made no move to change it but have treated it as final.<br />
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 />
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