Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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We conclude that the state was not authorized to appeal the …order in this criminal<br />
case and that therefore, this court lacks jurisdiction over this appeal. … Absent<br />
specific statutory authorization, the state, as a general rule, has no right to appeal an<br />
adverse ruling in a criminal case.<br />
State v. Norwood, 203 Neb. 201, 277 N.W.2d 709 (1979)<br />
A court must take judicial notice of its own records in the case under consideration.<br />
[A court] has a right to examine its own records and take judicial notice of its own<br />
proceedings and judgment in an interwoven and dependent controversy where the<br />
same matters have already been considered and determined.<br />
State o/b/o Joseph F. v. Rial, 251 Neb. 1, 554 N.W.2d 769 (1996)<br />
[T]he district court retains jurisdiction for orders regarding support notwithstanding<br />
the fact that the paternity determination was on appeal.<br />
In a civil action, only a preponderance of the evidence is necessary to sustain the<br />
establishment of paternity.<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 />
allegations of a petition invokes the court’s power on an issue other than personal<br />
jurisdiction and confers on the court personal jurisdiction.<br />
Similarly, a party who does more than call a court’s attention to the lack of personal<br />
jurisdiction by asking for affirmative relief will not later be heard to claim that the<br />
court lacked jurisdiction over that party. Glass v. <strong>Nebraska</strong> Dept. of Motor Vehicles,<br />
248 Neb. 501, 536 N.W.2d 344 (1995).<br />
a confirmed support order cannot be contested with respect to any matter that could<br />
have been asserted at the confirmation hearing.<br />
[UIFSA] Section 42-742 goes on to enumerate the specific defenses which can be<br />
raised when contesting the validity or enforcement of a registered order and the<br />
effect of a validly raised defense. Section 42-742 provides:<br />
(a) A party contesting the validity or enforcement of a registered order or seeking to vacate<br />
the registration has the burden of proving one or more of the following defenses:<br />
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;<br />
(2) the order was obtained by fraud;<br />
(3) the order has been vacated, suspended, or modified by a later order;<br />
(4) the issuing tribunal has stayed the order pending appeal;<br />
(5) there is a defense under the law of this state to the remedy sought;<br />
(6) full or partial payment has been made;<br />
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