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Child Support Enforcement - Sarpy County Nebraska

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precludes further contest of the order with respect to any matter that could have been asserted at<br />

the time of registration.<br />

Source: Laws 1993, LB 500, § 43<br />

§ 42-745 Effect of registration for modification.<br />

A tribunal of this state may enforce a child support order of another state registered for purposes<br />

of modification, in the same manner as if the order had been issued by a tribunal of this state, but<br />

the registered order shall be modified only if the requirements of section 42-746, 42-747.01, or<br />

42-747.03 have been met.<br />

Source: Laws 1993, LB 500, § 45; Laws 2003, LB 148, § 81.<br />

Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)<br />

Under the Uniform Interstate Family <strong>Support</strong> Act, Neb. Rev. Stat. §42-709(a), an<br />

issuing state loses continuing, exclusive jurisdiction to modify child support<br />

provisions of a divorce decree once both parents and all their children move away<br />

from that state.<br />

a responding state acquires jurisdiction to modify the child support provisions of a<br />

foreign decree once the following three conditions are met: (1) Both the parents and<br />

the children moved away from the issuing state; (2) one of the parents, who is a<br />

nonresident of the responding state, seeks modification in the responding state; and<br />

(3) the other parent becomes subject to the personal jurisdiction of the responding<br />

state.<br />

Hamilton v. Foster, 260 Neb. 887, 620 N.W.2d 103 (2000)<br />

UIFSA's provisions may only be used to enforce an existing support order, establish<br />

a support order where no order has previously been established, or modify an<br />

existing support order. See § § 42-714 and 42-733.<br />

Lamb v. Lamb, 14 Neb. App. 337, 707 N.W.2d 423 (2005)<br />

The silence of the Lambs when this case was decided must have been deafening…<br />

UCCJEA ≠ UIFSA<br />

The modification of another state’s child support order must be addressed<br />

under the Uniform Interstate Family <strong>Support</strong> Act, Neb. Rev. Stat. §§42-701 to 42-<br />

751 (Reissue 2004).<br />

Trogdon v. Trogdon, 18 Neb. App. 313, 780 N.W.2d 45 (2010)<br />

Facts: Parties divorced in California. Mom and child later move to <strong>Nebraska</strong> and Dad moves to<br />

Washington State. Years later Mom registers the California divorce in her home state of <strong>Nebraska</strong>, and<br />

seeks to enforce against Dad in Washington. Dad is mailed a copy of the registration by the clerk of<br />

district court, and files a written objection on his own with the court, disputing the amount of alleged<br />

arrears, but not the court’s lack of personal jurisdiction over him. Two months later, in preparation for the<br />

evidentiary hearing on his objection, he hires an attorney, who files an objection, claiming the <strong>Nebraska</strong><br />

court lacks personal jurisdiction over him. The district court rules that it did have jurisdiction. He later<br />

appeals.<br />

Held: when the father filed his objection to the registration, he asked the court to address the merits of<br />

the cause of action. This simple fact gave the <strong>Nebraska</strong> court jurisdiction over him.<br />

Personal jurisdiction is the power of a tribunal to subject and bind a particular entity<br />

to its decisions. Hunt v. Trackwell, 262 Neb. 688, 635 N.W.2d 106 (2001). Lack of<br />

personal jurisdiction may be waived and such jurisdiction conferred by the conduct<br />

of the parties. Id. For example, a party that files an answer generally denying the<br />

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