Child Support Enforcement - Sarpy County Nebraska

the lawsuit. Employee argued issue was waived because the employer rolled the dice at trial in the
district court and lost, so they couldn’t raise it on appeal. Held: No jurisdiction; case dismissed.
Neb. Rev. Stat. § 25-217 (Reissue 2008) is self-executing, so that an action is
dismissed by operation of law, without any action by either the defendant or the
court, as to any defendant who is named in the action and not served with process
within 6 months after the complaint is filed.
After dismissal of an action by operation of law under Neb. Rev. Stat. § 25-217
(Reissue 2008), there is no longer an action pending and the district court has no
jurisdiction to make any further orders except to formalize the dismissal. If any
orders are made following the dismissal, they are a nullity.
Lack of subject matter jurisdiction may be raised at any time by any party or by the
court sua sponte.
Gurnon v. Harrison, 245 Neb. 295, 512 N.W.2d 386 (1994)
We see no reason to treat the modification of a filiation decree differently than the
modification of a divorce decree. In divorce proceedings, we view an application to
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 (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.
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