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Child Support Enforcement - Sarpy County Nebraska

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To constitute a final, appealable order…, the case must involve an order which<br />

affects a substantial right in an action and which determines the action and prevents<br />

a judgment. O’Connor v. Kaufman, 255 Neb. 120, 582 N.W.2d 350 (1998); Hake v.<br />

Hake, 8 Neb. App. 376, 594 N.W.2d 648 (1999). Such an order must dispose of the<br />

whole merits of the case and must leave nothing for further consideration of the<br />

court, and thus, the order is final when no further action of the court is required to<br />

dispose of the pending cause; however, if the cause is retained for further action, the<br />

order is interlocutory.<br />

Wharton v. Jackson, 107 Neb. 288, 185 N.W. 428 (1921)<br />

[J]urisdiction of the court in matters relating to divorce and alimony is given by<br />

statute, and every power exercised by the court in reference thereto must look to the<br />

statute or it does not exist. [Citation omitted.] We cannot change it; we must<br />

therefore take the decree as we find it, inasmuch as the interested parties have<br />

made no move to change it but have treated it as final.<br />

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 />

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