Child Support Enforcement - Sarpy County Nebraska

Held: The state was acting beyond its authority; accordingly, the new support order was
vacated.
The nonexistence of a support order is a prerequisite to an action under Neb. Rev.
Stat. § 43-512.03.
A court has subject matter jurisdiction over an action brought pursuant to Neb. Rev.
Stat. § 43-512.03 only when there is no existing child support order.
If there is an existing child support order, the State is not authorized to file a petition
for payment of support pursuant to Neb. Rev. Stat. § 43-512.03.
[T]he dissolution decree and the modification orders address the issue of child
support. Even if it was the case that the orders provided that no support is due
from either parent, that does not change the fact that there is an existing
support order.
Note: Section 43-512.01 may allow a CSE attorney to intervene to modify the existing child
support order, but this necessarily involves a change in legal custody of the minor child, which
we are expressly prohibited from becoming involved with, and which requires the court to make
a “best interests” determination before placing physical/legal custody of the child with a parent.
This appears to be a “catch 22” for CSE attorneys.
Nebraska v. Garcia, 238 Neb. 455, 471 N.W.2d 388 (1991)
We agree with the Nebraska State Bar Association's advisory opinion that the county
attorney may not represent both the interests of the child and the interests of a
parent when the issue of custody of the child is raised. The county attorney's duties
are clearly set forth in the statutes above. These duties do not include involvement in
the determination of custody of a dependent child.
We do not find any statute in which the Legislature has permitted a judgment for
attorney fees to be entered against the State in an action for child support payments.
… any judgment against the State for these fees violates state sovereignty.
Judgments
(see also Jurisdiction)
25-1301. Judgment, rendition of judgment, entry of judgment, decree, or final order,
defined; records.
(1) A judgment is the final determination of the rights of the parties in an action.
(2) Rendition of a judgment is the act of the court, or a judge thereof, in making and signing a
written notation of the relief granted or denied in an action.
(3) The entry of a judgment, decree, or final order occurs when the clerk of the court places the
file stamp and date upon the judgment, decree, or final order. For purposes of determining the
time for appeal, the date stamped on the judgment, decree, or final order shall be the date of
entry.
…
Source: R.S.1867, Code § 428, p. 465; R.S.1913, § 7994; C.S.1922, § 8935; C.S.1929, § 20-1301;
R.S.1943, § 25-1301; Laws 1961, c. 111, § 1, p. 350; Laws 1999, LB 43, § 3.
25-1902 Final order, defined.
An order affecting a substantial right in an action, when such order in effect determines the
action and prevents a judgment, and an order affecting a substantial right made in a special
proceeding, or upon a summary application in an action after judgment, is a final order which
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