Child Support Enforcement - Sarpy County Nebraska

parents; child support; termination of parental rights; court; duties; modification
proceedings; use of school records as evidence.
(1) . . .
. . .
(6) Modification proceedings relating to support, custody, parenting time, visitation, other
access, or removal of children from the jurisdiction of the court shall be commenced by filing
a complaint to modify. . . . Service of process and other procedure shall comply with the
requirements for a dissolution action.
(7) . . .
Source: Laws 1983, LB 138, § 1; Laws 1985, LB 612, § 1; Laws 1985, Second Spec. Sess., LB 7, § 16;
Laws 1991, LB 457, § 3; Laws 1991, LB 715, § 1; Laws 1993, LB 629, § 21; Laws 1994, LB 490, § 1;
Laws 1996, LB 1296, § 15; Laws 1997, LB 752, § 96; Laws 2004, LB 1207, § 25; Laws 2006, LB 1113, §
35; Laws 2007, LB554, § 32; Laws 2008, LB1014, § 32; Laws 2009, LB288, § 5; Laws 2010, LB901, § 1.
Operative Date: July 1, 2010
Johnson v. Johnson, 282 Neb., 42, ___ N.W.2d ___ (Aug. 2011)
a voluntary appearance signed the day before the petition is filed waives service of
process if filed simultaneously with or after the petition.
Kovar v. Habrock, 261 Neb. 337, 622 N.W.2d 688 (2001)
The language of Neb. Rev. Stat. §25-217 providing for dismissal of unserved
petitions is self-executing and mandatory.
Service of process on a party must be perfected within 6 months of the filing date of
the action, or the action is deemed dismissed by operation of law.
If orders are made following a dismissal by operation of law under Neb. Rev. Stat.
§25-217, they are a nullity, as are subsequent pleadings.
Servicemembers Civil Relief Act of 2003 (SCRA)
See http://usmilitary.about.com/od/sscra/l/blscramenu.htm
Of particular interest is the requirement to ALWAYS allege in court pleadings whether a
party is or is not a member of the Armed Forces within the meaning of the SCRA. If they are,
they have the right to counsel, via court appointment, in many circumstances, and no default
judgment may be entered against an unrepresented service member. See Section 201:
(a) APPLICABILITY OF SECTION- This section applies to any civil action or proceeding in
which the defendant does not make an appearance.
(b) AFFIDAVIT REQUIREMENT-
(1) PLAINTIFF TO FILE AFFIDAVIT- In any action or proceeding covered by this
section, the court, before entering judgment for the plaintiff, shall require the plaintiff to
file with the court an affidavit—
(A) stating whether or not the defendant is in military service and showing
necessary facts to support the affidavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in
military service, stating that the plaintiff is unable to determine whether or not the
defendant is in military service.
(2) APPOINTMENT OF ATTORNEY TO REPRESENT DEFENDANT IN MILITARY
SERVICE- If in an action covered by this section it appears that the defendant is in military
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