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