Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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[W]e construe the <strong>Nebraska</strong> Juvenile Code liberally to accomplish its purpose of<br />
serving the best interests of the juveniles who fall within it. See In re Interest of<br />
Gabriela H., 280 Neb. 284, 785 N.W.2d 843 (2010).<br />
J & H Swine v. Hartington Concrete*, 12 Neb. App. 885, 687 N.W.2d 9 (2004)<br />
Rule: Timing is everything. This case, if anything, may teach the necessity for patience.<br />
For an appellate court to acquire jurisdiction of an appeal, there must be a final<br />
order entered by the court from which the appeal is taken; conversely, an appellate<br />
court is without jurisdiction to entertain appeals from nonfinal orders.<br />
A notice of appeal filed before the trial court announced a “decision or final order”<br />
within the meaning of Neb. Rev. Stat. § 25-1912(2) (Cum. Supp. 2002) in final<br />
determination of an issue of costs cannot relate forward.<br />
Lamb v. Lamb, 14 Neb. App. 337, 707 N.W.2d 423 (2005)<br />
The <strong>Nebraska</strong> <strong>Child</strong> Custody Jurisdiction Act (UCCJA) does not confer subject<br />
matter jurisdiction upon a <strong>Nebraska</strong> court to modify a child support order issued by<br />
another state.<br />
This case also includes a good discussion of the differences between UIFSA and the UCCJA<br />
Molczyk v. Molczyk, 285 Neb. 96, ____ N.W.2d ____, (January 2013)<br />
Jurisdiction, Jurisdiction. Who has the jurisdiction?<br />
Under Neb. Rev. Stat. § 42-348 (Reissue 2008), a plaintiff can commence a marital<br />
dissolution action in the district court of any county in which one of the parties<br />
resides.<br />
Under the doctrine of jurisdictional priority, when different state courts have<br />
concurrent original jurisdiction over the same subject matter, basic principles of<br />
judicial administration require that the first court to acquire jurisdiction should retain it<br />
to the exclusion of another court. That is, a second court lacks jurisdiction over the<br />
same matter involving the same parties.<br />
An order of dismissal or dismissal by operation of law divests a court of jurisdiction<br />
to take any further action in the matter.<br />
In civil cases, a court of general jurisdiction has inherent power to vacate or modify<br />
its own judgment at any time during the term in which the court issued it.<br />
[W]e hold that a motion to reinstate a dismissed action, of which the opposing party<br />
has notice, has jurisdictional priority over a later complaint filed in a different court<br />
involving the same subject matter and the same parties.<br />
Under Neb. Rev. Stat. § 25-2740(3) (Reissue 2008), the jurisdiction conferred on a<br />
county court to decide custody issues refers to a county court sitting as a juvenile<br />
court and provides the juvenile court with concurrent jurisdiction over a custody<br />
determination for an adjudicated juvenile, not exclusive jurisdiction.<br />
Under Neb. Rev. Stat. § 43-2,113(2) (Reissue 2008), if a juvenile court judge<br />
consents to a transfer of a custody case and the district court transfers the case to<br />
juvenile court, the case is “filed” with the county court, sitting as a juvenile court, or<br />
the separate juvenile court when a certified copy of the district court’s transfer order<br />
is filed in the juvenile court.<br />
Juvenile courts do not acquire jurisdiction over a marital dissolution action or a<br />
custody proceeding unless three conditions are met: (1) The juvenile court has<br />
already acquired jurisdiction over the parties’ child; (2) the juvenile court judge<br />
consented to transferring the case to juvenile court; and (3) the district court has<br />
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