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Child Support Enforcement - Sarpy County Nebraska

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Temporary orders in the district court allowing alimony, child support, or the<br />

custody of minor children terminate with the rendition of a final decree of divorce.<br />

Spady v. Spady, 284 Neb. 885 (December 2012)<br />

Section 42-351 provides:<br />

(1) In proceedings under sections 42-347 to 42-381, the court shall have jurisdiction to<br />

inquire into such matters, make such investigations, and render such judgments and make<br />

such orders, both temporary and final, as are appropriate concerning the status of the<br />

marriage, the custody and support of minor children, the support of either party, the<br />

settlement of the property rights of the parties, and the award of costs and attorney’s fees.<br />

The court shall determine jurisdiction for child custody proceedings under the Uniform <strong>Child</strong><br />

Custody Jurisdiction and <strong>Enforcement</strong> Act.<br />

(2) When final orders relating to proceedings governed by sections 42-347 to 42-381 are on<br />

appeal and such appeal is pending, the court that issued such orders shall retain jurisdiction to<br />

provide for such orders regarding support, custody, parenting time, visitation, or other access,<br />

orders shown to be necessary to allow the use of property or to prevent the irreparable harm<br />

to or loss of property during the pendency of such appeal, or other appropriate orders in aid<br />

of the appeal process. Such orders shall not be construed to prejudice any party on appeal.<br />

The word “support” in § 42-351(2) is not by its terms limited to child support. Further,<br />

we look to the immediately preceding provision, § 42-351(1), which refers to “support<br />

of minor children [and] the support of either party.” Section 42-351(1) shows that the<br />

word “support” is used statutorily in § 42-351 to refer to child support and spousal<br />

support, i.e., alimony.<br />

State v. Biernacki, 237 Neb. 215, 217, 465 N.W.2d 732, 734 (1991)<br />

The failure of a party to submit a brief which complies with [its] rules may result in<br />

our treating the case as one in which no brief has been filed by that party. Review<br />

would thus be limited to “plain error” consideration.<br />

State ex rel. Lemon v. Gale, 272 Neb. 295, 721 N.W.2d 347 (2006)<br />

In order to be considered by an appellate court, an alleged error must be both<br />

specifically assigned and specifically argued in the brief of the party asserting the<br />

error.<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 />

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