Child Support Enforcement - Sarpy County Nebraska

But see: Wills v. Wills, 16 Neb.App. 559 (2008)
The age of emancipation is never modifiable
Under Neb.Rev.Stat. § 42-746(d) (Reissue 2004), the law of the state which issued
the initial controlling order governs the duration of the obligation of support.
Section 42-746 states, in pertinent part:
(c) Except as otherwise provided in section 42-747.03 , a tribunal of this state
shall not modify any aspect of a child support order that cannot be modified under
the law of the issuing state, including the duration of the obligation of support....
(d) In a proceeding to modify a child support order, the law of the state that is
determined to have issued the initial controlling order governs the duration of the
obligation of support. The obligor’s fulfillment of the duty of support established by
that order precludes imposition of a further obligation of support by a tribunal of
this state.
Civil Procedure, Civil Process & Related
(See also Appellate Practice, Jurisdiction and Miscellaneous. Visit the Supreme Court website’s
Rules link for updates on court rules for all courts)
§ 25-217 Action; commencement; defendant not served; effect.
An action is commenced on the date the complaint is filed with the court. The action shall
stand dismissed without prejudice as to any defendant not served within six months from the date
the complaint was filed.
§25-309. Suit against infant; guardian for suit; when appointed; exception.
Except as provided by the Nebraska Probate Code, the defense of an infant must be by a
guardian for the suit, who may be appointed by the court in which the action is prosecuted, or by
a judge thereof, or by a county judge. The appointment cannot be made until after service of the
summons in the action as directed by this code.
Source: R.S.1867, Code § 38, p. 399; R.S.1913, § 7590; C.S.1922, § 8533; C.S.1929, § 20-309;
R.S.1943, § 25-309; Laws 1975, LB 481, § 12.
§ 25-503.01 Summons
(1) The summons shall be directed to the defendant or defendants, and contain the names of the
parties and the name and address of the plaintiff’s attorney, if any, otherwise the address of the
plaintiff. It shall notify defendant that in order to defend the lawsuit an appropriate written
response shall be filed with the court within thirty days after service, and that upon failure to do
so the court may enter judgment for the relief demanded in the complaint.
(2) A judgment by default shall not be different in kind from that demanded in the complaint. If
only special damages are demanded a judgment by default shall not exceed the amount
demanded in the complaint.
Source: Laws 1983, LB 447, § 20; Laws 2002, LB 876, § 13
§ 25-2211
…If the defendant fails to answer, the cause for the purpose of this section shall be deemed to be
at issue upon questions of fact, but in every such case the plaintiff may move for and take such
judgment as he or she is entitled to, on the defendant’s default, on or after the day on which the
action is set for trial. …
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