Child Support Enforcement - Sarpy County Nebraska

Lamb v. Lamb, 14 Neb. App. 337, 707 N.W.2d 423 (2005)
The modification of another state‘s child support order must be addressed under the
Uniform Interstate Family Support Act, Neb. Rev. Stat. §§42-701 to 42-751
(Reissue 2004).
Upon petition, a tribunal of this state may modify a child support order issued in
another state which is registered in this state if, after notice and hearing, the
tribunal finds that (1) neither the child nor the individual obligee nor the obligor
resides in the issuing state, a petitioner who is a nonresident of Nebraska seeks
modification, and the respondent is subject to the personal jurisdiction of the
Nebraska district court or (2) Nebraska is the state of residence of the child, or a
party who is an individual is subject to the personal jurisdiction of the Nebraska
district court, and all of the parties who are individuals have filed consents in a
record in the issuing tribunal for the Nebraska district court to modify the support
order and assume continuing exclusive jurisdiction.
Failure to register an order as required under the Uniform Interstate Family Support
Act precludes a Nebraska court from modifying the issuing state‘s child support
order.
A district court may modify a registered child support order issued in another state
when, among other requirements, the petitioner seeking modification is a
nonresident of Nebraska.
A party seeking to modify a child support order must show a material change of
circumstances which occurred subsequent to the entry of the original decree or a
previous modification and which was not contemplated when the prior order was
entered. The party must also show that a change in custody is in the child‘s best
interests.
[T]he NCCJA does not confer subject matter jurisdiction upon a Nebraska court to
modify a child support order issued by another state. See §43-1202 (repealed 2003.
Nebraska has now adopted the UCCJEA in place of NCCJA) (for purposes of NCCJA, child
custody determination shall not include decision relating to child support or any other
monetary obligation of any person).
Lambert v. Lambert; 9 Neb. App. 661, 617 N.W.2d 645 (2000)
A petition for modification of child support or alimony will be denied if a change in
financial condition is due to fault or voluntary wastage or dissipation of one‘s
talents and assets. In this case, parent was fired for choosing to smoke marijuana.
Material change in circumstances in reference to modification of child support is
analogous to modification of alimony for good cause.
Lucero v. Lucero, 16 Neb. App. 706, 750 N.W.2d 377 (2008)
Absent equities to the contrary, the modification of child support orders should be
applied retroactively to the first day of the month following the filing date of the
application for modification.
In the absence of a showing of bad faith, it is an abuse of discretion for a court to
award retroactive child support when the evidence shows the obligated parent
does not have the ability to pay the retroactive support and still meet current
obligations.
The same principles that apply with respect to retroactivity of a new obligation to pay
support, i.e., that the obligation can be retroactive to the first day of the month
following the filing of a request to modify to impose (or increase) a child support
- 125 -