Child Support Enforcement - Sarpy County Nebraska

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