Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Juvenile Court<br />
Many headaches are caused in attorneys when juvenile courts become involved in matters<br />
previously governed by county or district courts.<br />
§ 42-348. Proceedings; where brought; transfer of proceedings; orders; how treated.<br />
All proceedings under sections 42-347 to 42-381 shall be brought in the district court of the<br />
county in which one of the parties resides. Proceedings may be transferred to a separate juvenile<br />
court or county court sitting as a juvenile court which has acquired jurisdiction pursuant to<br />
section 43-2,113. Certified copies of orders filed with the clerk of the court pursuant to such<br />
section shall be treated in the same manner as similar orders issued by the court.<br />
Source: Laws 1972, LB 820, § 2; Laws 1985, Second Spec. Sess., LB 7, § 9; Laws 1996, LB 1296, § 10;<br />
Laws 1997, LB 229, § 8.<br />
In the Interest of Ethan M., 18 Neb.App. 63, 774 N.W.2d 766 (2009)<br />
We begin by noting that a county court sitting as a juvenile court has the power to<br />
conduct a child custody modification proceeding because it has been granted<br />
subject matter jurisdiction to do so. Pursuant to 2008 Neb. Laws, L.B. 280, the<br />
Legislature modified the jurisdiction of juvenile courts and county courts sitting as<br />
juvenile courts so that these courts could exercise jurisdiction over custody matters<br />
when the court already has jurisdiction over the juvenile for another purpose. See<br />
Neb.Rev.Stat. §§ 24-517, 25-2740, and 43-247 (Reissue 2008). In this regard, § 25-<br />
2740(3) provides that "a county court or separate juvenile court which already has<br />
jurisdiction over the child whose paternity or custody is to be determined has<br />
jurisdiction over such paternity or custody determination." Pursuant to § 25-<br />
2740(1)(b), a custody determination is defined as a proceeding "to determine<br />
custody of a child under [Neb.Rev.Stat. § ] 42-364 [ (Reissue 2008) ]." Neb.Rev.Stat.<br />
§ 42-364 (Reissue 2008) pertains to custody actions including those involving "<br />
[m]odification proceedings." Prior to the passage of L.B. 280, juvenile courts and<br />
county courts sitting as juvenile courts did not have subject matter jurisdiction over<br />
such proceedings.<br />
License Suspension<br />
See generally <strong>Nebraska</strong> Revised Statutes §§43-3301 through 43-3326. The intent of the<br />
law is to collect all support owed, and not to suspend licenses. It is an enforcement tool<br />
especially effective for non-wage earning and self-employed individuals who hold such<br />
licenses. It can be imposed through an administrative or judicial process. In my<br />
experience, very few license holders understand their rights with regard to the license<br />
suspension process. A simple phone call by an obligated parent to the DHHS Review &<br />
Modification office (1-800-831-4573) would stave off further actions to suspend the<br />
parent‟s licenses for up to one year.<br />
§43-3314 Delinquent or past-due support; notice to license holder; contents.<br />
(1) When the department or a county attorney or authorized attorney has made reasonable<br />
efforts to verify and has reason to believe that a license holder in a case receiving services under<br />
Title IV-D of the Social Security Act, as amended, (a) is delinquent on a support order in an<br />
amount equal to the support due and payable for more than a three-month period of time, (b) is<br />
not in compliance with a payment plan for amounts due as determined by a county attorney, an<br />
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