Child Support Enforcement - Sarpy County Nebraska

State v. Merrill, 273 Neb. 583, 731 N.W.2d 570 (2007)
Facts: State filed “affidavit of Lien for Child support” with the clerk of district court in
obligated parent/defendant’s criminal child abuse case, seeking to recover his appearance bond
to help pay his child support arrears in a separate court case. After the defendant’s conviction
and prison sentence his father, who had actually put up the bond money, notified the court that
he wanted his money back. The State objected and following hearing the district court ordered
the bond money returned to the defendant’s father. The State attempted to appeal that
decision. This case, though representing a failed effort to snatch up bond money, is
nevertheless instructional.
[T]he state is seeking to enforce whatever lien it may have on the bond money
through a garnishment proceeding in the child support case. The district court
correctly noted that the state’s remedy is in the civil case. Regardless of the
status of that civil proceeding, the state has no specific statutory authorization to
appeal the order entered in this criminal case directing the clerk to return the posted
bond money to (the person who posted the bond).
We conclude that the state was not authorized to appeal the …order in this criminal
case and that therefore, this court lacks jurisdiction over this appeal. … Absent
specific statutory authorization, the state, as a general rule, has no right to appeal an
adverse ruling in a criminal case.
State v. Norwood, 203 Neb. 201, 277 N.W.2d 709 (1979)
A court must take judicial notice of its own records in the case under consideration.
[A court] has a right to examine its own records and take judicial notice of its own
proceedings and judgment in an interwoven and dependent controversy where the
same matters have already been considered and determined.
State o/b/o Joseph F. v. Rial, 251 Neb. 1, 554 N.W.2d 769 (1996)
[T]he district court retains jurisdiction for orders regarding support notwithstanding
the fact that the paternity determination was on appeal.
In a civil action, only a preponderance of the evidence is necessary to sustain the
establishment of paternity.
Trogdon v. Trogdon, 18 Neb. App. 313, 780 N.W.2d 45 (2010)
Facts: Parties divorced in California. Mom and child later move to Nebraska and Dad moves to
Washington State. Years later Mom registers the California divorce in her home state of Nebraska, and
seeks to enforce against Dad in Washington. Dad is mailed a copy of the registration by the clerk of
district court, and files a written objection on his own with the court, disputing the amount of alleged
arrears, but not the court’s lack of personal jurisdiction over him. Two months later, in preparation for the
evidentiary hearing on his objection, he hires an attorney, who files an objection, claiming the Nebraska
court lacks personal jurisdiction over him. The district court rules that it did have jurisdiction. He later
appeals.
Held: when the father filed his objection to the registration, he asked the court to address the merits of
the cause of action. This simple fact gave the Nebraska court jurisdiction over him.
Personal jurisdiction is the power of a tribunal to subject and bind a particular entity
to its decisions. Hunt v. Trackwell, 262 Neb. 688, 635 N.W.2d 106 (2001). Lack of
personal jurisdiction may be waived and such jurisdiction conferred by the conduct
of the parties. Id. For example, a party that files an answer generally denying the
allegations of a petition invokes the court’s power on an issue other than personal
jurisdiction and confers on the court personal jurisdiction.
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