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Child Support Enforcement - Sarpy County Nebraska

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the following three conditions are met: (1) Both the parents and the children have moved away<br />

from the issuing state; (2) one of the parents, who is a nonresident of the responding state,<br />

seeks modification in the responding state, and (3) the other parent becomes subject to the<br />

personal jurisdiction of the responding state. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d<br />

159 (1999).<br />

UIFSA Registration/ Order Confirmation Process<br />

Practice tip: While a close reading of the relevant statutes shown below indicates that only in<br />

cases where an objection to the registration of an out of state order is made must a formal<br />

“Order Confirming Registration” be prepared if registration of the order is ultimately confirmed,<br />

the better practice for child support practitioners is to always prepare a formal order for the<br />

judge’s signature, and to have the order specify the amounts of child support owed, any arrears<br />

that are owed, any spousal support owed, etc., and also to spell out the effective date that<br />

<strong>Nebraska</strong> will assume collection responsibilities. Include the address of the payment center. A<br />

copy should be sent to the obligated parent, and by the clerk of district court to the <strong>Nebraska</strong><br />

<strong>Child</strong> <strong>Support</strong> Payment Center, so that the NCSPC can set the case up on their system. Unless<br />

someone sends the NCSPC the notice of confirmation, the case will never be set up. Also, a<br />

copy of the confirmation order should be sent to the court that formerly was responsible for<br />

enforcement of the order, in order to avoid the obligated parent being “double billed” for support<br />

in two states. This is typically done by the party seeking the registration.<br />

42-738 Effect of registration for enforcement.<br />

(a) A support order or income withholding order issued in another state is registered when the<br />

order is filed in the registering tribunal of this state.<br />

(b) A registered order issued in another state is enforceable in the same manner and is subject to<br />

the same procedures as an order issued by a tribunal of this state.<br />

(c) Except as otherwise provided in sections 42-736 to 42-747.03, a tribunal of this state shall<br />

recognize and enforce, but shall not modify, a registered order if the issuing tribunal had<br />

jurisdiction.<br />

Source: Laws 1993, LB 500, § 38; Laws 2003, LB 148, § 77.<br />

§ 42-740 Notice of registration of order.<br />

(a) When a support order or income withholding order issued in another state is registered, the<br />

registering tribunal shall notify the nonregistering party. The notice shall be accompanied by a<br />

copy of the registered order and the documents and relevant information accompanying the<br />

order.<br />

(b) A notice shall inform the nonregistering party:<br />

(1) that a registered order is enforceable as of the date of registration in the same manner as an<br />

order issued by a tribunal of this state;<br />

(2) that a hearing to contest the validity or enforcement of the registered order shall be<br />

requested within twenty days after notice;<br />

(3) that failure to contest the validity or enforcement of the registered order in a timely manner<br />

will result in confirmation of the order and enforcement of the order and the alleged arrearages<br />

and precludes further contest of that order with respect to any matter that could have been<br />

asserted; and<br />

(4) of the amount of any alleged arrearages.<br />

(c) If the registering party asserts that two or more orders are in effect, a notice shall also:<br />

(1) identify the two or more orders and the order alleged by the registering person to be the<br />

controlling order and the consolidated arrearages, if any;<br />

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