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289 sections in this chapter.
Neb. Rev. Stat. § 42-617 Property acquired, definition.
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As used in sections 42-603 and 42-617 to 42-620, the words property acquired shall mean (1) all property acquired by either husband or wife, or both, during marriage, and on and after September 7, 1947, and prior to April 20, 1949, and (2) all property acquired after April 20, 19…
Neb. Rev. Stat. § 42-618 Receipt, management, control, and disposition of property.
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Notwithstanding that any property may in fact be community property, a husband or wife shall have power to receive, manage, control, and dispose of or otherwise deal with property standing in his or her name or under his or her management or control, in such manner as he or she w…
Neb. Rev. Stat. § 42-619 Claims; limitation; affidavit asserting ownership; filing and recording.
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The Legislature recognizes that many husbands and wives have failed to keep proper records; that community income and separate funds have been commingled; that property has been acquired by husband or wife on or after September 7, 1947, in many cases with separate funds; that to …
Neb. Rev. Stat. § 42-620 Severability.
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If, for any reason, any of the foregoing sections 42-603 and 42-617 to 42-619 or any part thereof are held to be invalid, the Legislature declares that it would have passed section 6 irrespective of the fact that such sections or any part thereof may be declared invalid.
Neb. Rev. Stat. § 42-7,105 Pending action or proceeding under Revised Uniform Reciprocal Enforcement of Support Act; law applicable.
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Any action or proceeding under the Revised Uniform Reciprocal Enforcement of Support Act pending on January 1, 1994, shall continue under the provisions of such act until the court rules on any pending action or proceeding.
Neb. Rev. Stat. § 42-701 Act, how cited.
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Sections 42-701 to 42-751.01 shall be known and may be cited as the Uniform Interstate Family Support Act.
Neb. Rev. Stat. § 42-702 Definitions.
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In the Uniform Interstate Family Support Act: (1) Child means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the pa…
Neb. Rev. Stat. § 42-703 Tribunal of this state; support enforcement agency.
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(a) The district court is the tribunal of this state. (b) The Department of Health and Human Services is the support enforcement agency of this state.
Neb. Rev. Stat. § 42-704 Remedies cumulative; applicability of act.
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(a) Remedies provided by the Uniform Interstate Family Support Act are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (b) The Uniform Interstate Family Support Act does not: (1) Provi…
Neb. Rev. Stat. § 42-704.01 Application of act to resident of foreign country and foreign support proceeding.
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(a) A tribunal of this state shall apply sections 42-701 to 42-747.04 and, as applicable, sections 42-748.01 to 42-748.13, to a support proceeding involving: (i) A foreign support order; (ii) A foreign tribunal; or (iii) An obligee, obligor, or child residing in a foreign country…
Neb. Rev. Stat. § 42-705 Basis for jurisdiction over nonresident.
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(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, 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…
Neb. Rev. Stat. § 42-706 Continuing personal jurisdiction.
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Personal jurisdiction acquired by a tribunal of this state in a proceeding under the Uniform Interstate Family Support Act or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its ord…
Neb. Rev. Stat. § 42-707 Initiating and responding tribunal of this state.
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Under the Uniform Interstate Family Support Act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
Neb. Rev. Stat. § 42-708 Simultaneous proceedings.
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(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if: (1) the petition or comparable pleading in this stat…
Neb. Rev. Stat. § 42-709 Continuing, exclusive jurisdiction.
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(a) A tribunal of this state that has issued a child support order consistent with the law of this 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 reque…
Neb. Rev. Stat. § 42-710 Enforcement of support order by tribunal having continuing jurisdiction.
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(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce: (1) the order if the order is the controlling order and has not been modified by a tribu…
Neb. Rev. Stat. § 42-711 Recognition of controlling child support order.
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(a) If a proceeding is brought under the Uniform Interstate Family Support Act and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized. (b) If a proceeding is brought under the Uniform Interstate Family Support Act and tw…
Neb. Rev. Stat. § 42-712 Child support orders for two or more obligees.
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In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tr…
Neb. Rev. Stat. § 42-713 Credits for payments.
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A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or…
Neb. Rev. Stat. § 42-713.01 Application of act to nonresident subject to personal jurisdiction.
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A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under the Uniform Interstate Family Support Act or under other law of this state relating to a support order or recognizing a foreign support order may receive evidence from outside this …
Neb. Rev. Stat. § 42-713.02 Continuing, exclusive jurisdiction to modify spousal support order.
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(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. (b) A tribunal of this state shall not modify a spousa…
Neb. Rev. Stat. § 42-714 Proceedings under the Uniform Interstate Family Support Act.
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(a) Except as otherwise provided in the Uniform Interstate Family Support Act, sections 42-714 to 42-732 apply to all proceedings under the act. (b) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under the act by filing a petition in…
Neb. Rev. Stat. § 42-715 Action by minor parent.
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A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
Neb. Rev. Stat. § 42-716 Application of law of this state.
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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 rem…
Neb. Rev. Stat. § 42-717 Duties of initiating tribunal.
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(a) Upon the filing of a petition authorized by the Uniform Interstate Family Support Act, an initiating tribunal of this state shall forward the petition and its accompanying documents: (1) to the responding tribunal or appropriate support enforcement agency in the responding st…
Neb. Rev. Stat. § 42-718 Duties and powers of responding tribunal.
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(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (b) of section 42-714, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.…
Neb. Rev. Stat. § 42-719 Inappropriate tribunal.
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If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent…
Neb. Rev. Stat. § 42-720 Duties of support enforcement agency.
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(a) In a proceeding under the Uniform Interstate Family Support Act, a support enforcement agency of this state, upon request: (1) shall provide services to a petitioner residing in a state; (2) shall provide services to a petitioner requesting services through a central authorit…
Neb. Rev. Stat. § 42-721 Attorney General; powers.
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(a) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under the Uniform Interstate Family Support Act or may provide those services…
Neb. Rev. Stat. § 42-722 Private counsel.
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An individual may employ private counsel to represent the individual in proceedings authorized by the Uniform Interstate Family Support Act.
Neb. Rev. Stat. § 42-723 Duties of state information agency.
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(a) The Department of Health and Human Services is the state information agency under the Uniform Interstate Family Support Act. (b) The state information agency shall: (1) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdi…
Neb. Rev. Stat. § 42-724 Pleadings and accompanying documents.
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(a) In a proceeding under the Uniform Interstate Family Support Act, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country shall file a petition. Unless o…
Neb. Rev. Stat. § 42-725 Nondisclosure of information in exceptional circumstances.
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If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and shall not be disclosed to the other party or the public…
Neb. Rev. Stat. § 42-726 Costs and fees.
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(a) The petitioner shall not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incu…
Neb. Rev. Stat. § 42-727 Limited immunity of petitioner.
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(a) Participation by a petitioner in a proceeding under the Uniform Interstate Family Support Act before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the p…
Neb. Rev. Stat. § 42-728 Nonparentage as defense.
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A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under the Uniform Interstate Family Support Act.
Neb. Rev. Stat. § 42-729 Special rules of evidence and procedure.
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(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (b) An affidavit, a document s…
Neb. Rev. Stat. § 42-730 Communications between tribunals.
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A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A…
Neb. Rev. Stat. § 42-731 Assistance with discovery.
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A tribunal of this state may: (1) request a tribunal outside this state to assist in obtaining discovery; and (2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
Neb. Rev. Stat. § 42-732 Receipt and disbursement of payments.
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(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified …
Neb. Rev. Stat. § 42-733 Establishment of support order.
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(a) If a support order entitled to recognition under the Uniform Interstate Family Support Act has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (1) the individual seeking the order resides outside t…
Neb. Rev. Stat. § 42-733.01 Proceeding to determine parentage.
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A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under the Uniform Interstate Family Support Act or a law or procedure substantially similar to the act.
Neb. Rev. Stat. § 42-734 Employer's receipt of income withholding order of another state.
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An income withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the person defined as the obligor's employer under the Income Withholding for Child Support Act or sections 42-347 to 42-381 without first filing…
Neb. Rev. Stat. § 42-734.01 Employer's compliance with income withholding order of another state.
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(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a t…
Neb. Rev. Stat. § 42-734.02 Compliance with two or more income withholding orders.
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If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish …
Neb. Rev. Stat. § 42-734.03 Immunity from civil liability.
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An employer that complies with an income withholding order issued in another state in accordance with sections 42-734 to 42-735 is not subject to civil liability to any individual or agency with regard to the employer's withholding of child support from the obligor's income.
Neb. Rev. Stat. § 42-734.04 Penalties for noncompliance.
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An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
Neb. Rev. Stat. § 42-734.05 Contest by obligor.
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(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in sections 42-736 …
Neb. Rev. Stat. § 42-735 Administrative enforcement of orders.
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(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. (b) Up…
Neb. Rev. Stat. § 42-736 Registration of order for enforcement.
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A support order or an income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.