Child Support Enforcement - Sarpy County Nebraska

seeks modification in the responding state, and (3) the other parent becomes subject to the
personal jurisdiction of the responding state. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d
159 (1999).
UIFSA Registration/ Order Confirmation Process
Practice tip: While a close reading of the relevant statutes shown below indicates that only in
cases where an objection to the registration of an out of state order is made must a formal
―Order Confirming Registration‖ be prepared if registration of the order is ultimately confirmed,
the better practice for child support practitioners is to always prepare a formal order for the
judge‘s signature, and to have the order specify the amounts of child support owed, any arrears
that are owed, any spousal support owed, etc., and also to spell out the effective date that
Nebraska will assume collection responsibilities. Include the address of the payment center. A
copy should be sent to the obligated parent, and by the clerk of district court to the Nebraska
Child Support Payment Center, so that the NCSPC can set the case up on their system. Unless
someone sends the NCSPC the notice of confirmation, the case will never be set up. Also, a
copy of the confirmation order should be sent to the court that formerly was responsible for
enforcement of the order, in order to avoid the obligated parent being ―double billed‖ for support
in two states. This is typically done by the party seeking the registration.
42-738 Effect of registration for enforcement.
(a) A support order or income withholding order issued in another state is registered when the
order is filed in the registering tribunal of this state.
(b) A registered order issued in another state is enforceable in the same manner and is subject to
the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in sections 42-736 to 42-747.03, a tribunal of this state shall
recognize and enforce, but shall not modify, a registered order if the issuing tribunal had
jurisdiction.
Source: Laws 1993, LB 500, § 38; Laws 2003, LB 148, § 77.
§ 42-740 Notice of registration of order.
(a) When a support order or income withholding order issued in another state is registered, the
registering tribunal shall notify the nonregistering party. The notice shall be accompanied by a
copy of the registered order and the documents and relevant information accompanying the
order.
(b) A notice shall inform the nonregistering party:
(1) that a registered order is enforceable as of the date of registration in the same manner as an
order issued by a tribunal of this state;
(2) that a hearing to contest the validity or enforcement of the registered order shall be
requested within twenty days after notice;
(3) that failure to contest the validity or enforcement of the registered order in a timely manner
will result in confirmation of the order and enforcement of the order and the alleged arrearages
and precludes further contest of that order with respect to any matter that could have been
asserted; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice shall also:
(1) identify the two or more orders and the order alleged by the registering person to be the
controlling order and the consolidated arrearages, if any;
(2) notify the nonregistering party of the right to a determination of which is the controlling
order;
- 175 -