Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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proceeding or a new action. Since this is a supplementary proceeding, the district<br />
court retained the personal jurisdiction acquired in the original proceeding.<br />
Harvey v. Harvey, 6 Neb. App. 524, 575 N.W. 2d 167 (1998)<br />
Before any other pleading or motion, a defendant may file a special appearance for<br />
the sole purpose of objecting to a court’s assertion or exercise of personal<br />
jurisdiction over the defendant. A defendant’s participation in proceedings on any<br />
issue other than jurisdiction over the person, as well as the defendant’s request for<br />
other relief, constitutes a general appearance.<br />
Lack of personal jurisdiction can be waived, but lack of subject matter jurisdiction<br />
cannot be waived.<br />
A decree of divorce rendered in another state may be collaterally attacked by<br />
showing that the court was without jurisdiction, either of the subject matter of the suit<br />
or of the person of the defendant, without violating the Full Faith and Credit Clause<br />
of the federal Constitution.<br />
Where a judgment rendered in one state is challenged in another, a want of<br />
jurisdiction over either the person or the subject matter is open to inquiry.<br />
The divisibility doctrine holds that while a state court may have jurisdiction over a<br />
marriage to cause its termination, that same court may lack personal jurisdiction to<br />
adjudicate personal matters such as support or alimony.<br />
In re Guardianship of Rebecca B. et al., 260 Neb. 922, 621 N.W.2d 289 (2000)<br />
Under § 43-247, once a minor is adjudged to be within the jurisdiction of the juvenile<br />
court, the juvenile court shall have exclusive jurisdiction as to any such juvenile and<br />
as to the parent, guardian, or custodian who has custody of any juvenile described<br />
within this section.<br />
In re interest of Tegan V., 18 Neb. App. 857, 794 N.W.2d 190 (January 2011)<br />
Note: this case involves jurisdiction under the Juvenile Code. It is included because some child<br />
support cases start in, or end up in, juvenile court.<br />
[J]urisdiction is the inherent power or authority to decide a case. See Chicago<br />
Lumber Co. v. School Dist. No. 71, 227 Neb. 355, 417 N.W.2d 757 (1988)<br />
“Jurisdiction of the subject matter” means the authority to hear and determine both<br />
the class of actions to which the action before the court belongs and the particular<br />
question which it assumes to decide. State v. Smith, 269 Neb. 773, 779, 696 N.W.2d<br />
871, 879 (2005).<br />
In Jones v. State, 175 Neb. 711, 717, 123 N.W.2d 633, 637 (1963), the court said:<br />
The jurisdiction of a state to regulate the custody of an infant found within its territory<br />
does not depend upon the domicile of the parents. It has its origin in the protection<br />
that is due to the incompetent or helpless. As we said in [In re Application of Reed,<br />
152 Neb. 819, 43 N.W.2d 161 (1950)]: “The jurisdiction of a state to regulate the custody<br />
of infants found within its territory does not depend upon the domicile of the child,<br />
but it arises out of the power that every sovereignty possesses as parens patriae to<br />
every child within its borders to determine its status and the custody that will best<br />
meet its needs and wants, and residence within the state suffices even though the<br />
domicile may be in another jurisdiction.”<br />
[N]either the domicile of the parent nor that of the child is determinative of the<br />
court’s subject matter jurisdiction.<br />
“in a proceeding under the <strong>Nebraska</strong> Juvenile Code, the State is not required to<br />
prove proper venue.”<br />
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