Child Support Enforcement - Sarpy County Nebraska

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UIFSA Interstate & Related (See also Choice of Law & UIFSA) Arguably the most complex, confusing and frustrating, part of the work of a child support attorney comes in the area of UIFSA – The Uniform Interstate Family Support Act. Think of the saying “Fools rush in where angels fear to tread” and you will get the idea. But you are no angel…. Familiarizing yourself with the statutes will help you a lot. Beware however, thousands of other child support offices across America may still not understand UIFSA, and that will be a constant source of frustration for those who do. See Generally §42-701 et seq Selected statutes follow: § 42-705 Basis for jurisdiction over nonresident. (a) In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator if: (1) The individual is personally served with notice within this state; (2) The individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in this state; (4) The individual resided in this state and provided prenatal expenses or support for the child; (5) The child resides in this state as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage in this state pursuant to section 43-104.02, 71-628, 71-640.01, or 71-640.02 with the Department of Health and Human Services; or (8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. (b) The basis of personal jurisdiction set forth in subsection (a) of this section or in any other law of this state shall not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of section 42-746 or 42-747.03 are met. Source: Laws 1993, LB 500, § 5; Laws 1996, LB 1044, § 101; Laws 2003, LB 148, § 46; Laws 2007, LB296, § 60. § 42-709 Continuing, exclusive jurisdiction. . (a) A tribunal of this state that has issued a child support order consistent with the law of this - 188 -
state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and: (1) at the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order. (b) A tribunal of this state that has issued a child support order consistent with the law of this state shall not exercise continuing, exclusive jurisdiction to modify the order if: (1) all of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or (2) its order is not the controlling order. (c) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to the act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state. (d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. Source: Laws 1993, LB 500, § 9; Laws 1997, LB 727, § 3; Laws 2003, LB 148, § 48 § 42-716. Application of law of this state. Except as otherwise provided in the Uniform Interstate Family Support Act, a responding tribunal of this state: (1) shall apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and (2) shall determine the duty of support and the amount payable in accordance with the support guidelines established under section 42-364.16. Source: Laws 1993, LB 500, § 16; ; Laws 2003, LB 148, § 56. § 42-718 Duties and powers of responding tribunal …. (e) If a responding tribunal of this state issues an order under the act, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. (f) If requested to enforce a support order, arrearages, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported. Source: Laws 1993, LB 500, § 18; Laws 1997, LB 727, § 7; Laws 2003, LB 148, § 58 §42-722. Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by the Uniform Interstate Family Support Act. Source: Laws 1993: LB 500, § 22. - 189 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mili
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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final court-ordered determination t
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clerk of the district court in whic
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(1) In proceedings under sections 4
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Nebraska courts, through their inhe
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place. This recommendation recogniz
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(4) Orders, decrees, and judgments
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Mother apparently consents to this
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Johnson v. Johnson, 215 Neb. 689, 3
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stand dismissed without prejudice a
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This case includes an excellent sum
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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Modifying the amounts awarded to a
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[P]ublic policy forbids enforcement
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Carroll v. Moore, 228 Neb. 561, 423
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
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Neither of the parties is authorize
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In guardianship termination proceed
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Weinand v. Weinand, 260 Neb. 146, 6
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verification forms instead of tax r
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State v. Cummings, 2 Neb. App. 820,
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Where parents of the child are sepa
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any unpaid child support obligation
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Henderson v. Henderson, 264 Neb. 91
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(0,1,2,or 3+) and how much “earne
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Earning capacity may be used as a b
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esponding state is modifying a supp
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[T]he duration of the support oblig
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A future payment of child support i
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Such a credit clause does not viola
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State on behalf of L.L.B. v. Hill,
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(1) That withholding is not proper
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Source: Laws 1974, LB 354, § 226,
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In re Interest of Lakota Z. & Jacob
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Note: In July 2008 the Federal Chil
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Erica J. v. Dewitt, 265 Neb. 728, 6
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Moore v. Bauer, 11 Neb. App. 572, 6
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Sears v. Larson, 259 Neb. 760, 612
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health care coverage is not availab
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Druba v. Druba , 238 Neb. 279, 470
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Rouse v. Rouse, 18 Neb. App. 128, 7
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There is a presumption that income
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The Nebraska Supreme Court has not
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§42-364.12 Child support; withhold
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Source: Laws 1985, Second Spec. Ses
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shall withhold for each notice the
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forward the child support payment.
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Servicemembers Civil Relief Act of
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Judgments (see also Jurisdiction) 2
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Source: Laws 1972, LB 820, § 5; La
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[J]urisdiction is the inherent powe
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A nonimmigrant alien authorized to
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In re Interest of Tamika S. et al.,
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action to certify the license holde
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NCP had no control as to when trust
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[T]he district court abused its dis
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Note: In response to a new federal
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(1) Child support orders in cases i
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§43-512.17. Title IV-D child suppo
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In the initial determination of chi
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The federal government provides Soc
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Page 145 and 146: Peter v. Peter, 262 Neb. 1017, 637
Page 147 and 148: See also: Wilkins v. Wilkins, 269 N
Page 149 and 150: Adoption/Modification of the Nebras
Page 151 and 152: A party seeking to modify a dissolu
Page 153 and 154: (2)The department, through its agen
Page 155 and 156: § 43-1408.01 Notarized acknowledgm
Page 157 and 158: (4) All judgments under this sectio
Page 159 and 160: See also Shermanv. Neth, 283 Neb. 8
Page 161 and 162: grounds of newly discovered evidenc
Page 163 and 164: Fianna has resided with Jeffrey sin
Page 165 and 166: State on Behalf of Hopkins v. Batt,
Page 167 and 168: (4) . . . (a) If any case contains
Page 169 and 170: CONVENTION ON THE INTERNATIONAL REC
Page 171 and 172: To prevail on a motion to remove a
Page 173 and 174: Cooper v. Cooper, 8 Neb. App. 532,
Page 175 and 176: What God -- or the State -- has law
Page 177 and 178: court should take into consideratio
Page 179 and 180: Federal Express (FedEx): FedEx Prio
Page 181 and 182: (c) PENALTY FOR MAKING OR USING FAL
Page 183 and 184: Recipients who are married and file
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Page 187 and 188: Material change in circumstances in
Page 189 and 190: [A]limony should not be used to equ
Page 191 and 192: contumacious, but it provides no re
Page 193: parties will have to start over aga
Page 197 and 198: § 42-735 Administrative enforcemen
Page 199 and 200: (2) notify the nonregistering party
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Page 203 and 204: petitioner had failed to come to th
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Page 207 and 208: caused or contributed to the cause
Page 209 and 210: in determining the child support ob
Page 211 and 212: Effective January 1, 2013, the maxi
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Page 215 and 216: In contrast to recent years, the 20
Page 217 and 218: Military Retirement pay info - www.
Page 219 and 220: Daily Legal Newswire - www.law.com/
Page 221: Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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