Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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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