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289 sections in this chapter.
Neb. Rev. Stat. § 42-737 Procedure to register order for enforcement.
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(a) Except as provided in section 42-748.06, a support order or an income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: (1) a letter of transmittal to the t…
Neb. Rev. Stat. § 42-738 Effect of registration for enforcement.
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(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (b) A registered support order issued in another state or a foreign country is enforceable in the sa…
Neb. Rev. Stat. § 42-739 Choice of law.
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(a) Except as otherwise provided in subsection (d) of this section, the law of the issuing state or foreign country governs: (1) the nature, extent, amount, and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrua…
Neb. Rev. Stat. § 42-740 Notice of registration of order.
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(a) When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice shall be accompanied by a copy of the registered order and the documents…
Neb. Rev. Stat. § 42-741 Procedure to contest validity or enforcement of registered support order.
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(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by section 42-740. The nonregistering party may seek to vacate the registration, to assert any defense to an alle…
Neb. Rev. Stat. § 42-742 Contest of registration or enforcement.
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(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order w…
Neb. Rev. Stat. § 42-743 Confirmed order.
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Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Neb. Rev. Stat. § 42-744 Procedure to register child support order of another state for modification.
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A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in sections 42-736 to 42-743 if the order has not been registered. A petition for m…
Neb. Rev. Stat. § 42-745 Effect of registration for modification.
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A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of sectio…
Neb. Rev. Stat. § 42-746 Modification of child support order of another state.
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(a) If section 42-747.01 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that: (1) the following requirements are met: (A) neither th…
Neb. Rev. Stat. § 42-747 Recognition of order modified in another state; enforcement.
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If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state, upon request, except as otherwise provided in the act: (1) may enforc…
Neb. Rev. Stat. § 42-747.01 Jurisdiction to modify child support order of another state when individual parties reside in this state.
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(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal…
Neb. Rev. Stat. § 42-747.02 Notice to issuing tribunal of modification.
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Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party…
Neb. Rev. Stat. § 42-747.03 Jurisdiction to modify child support order of foreign country.
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(a) Except as otherwise provided in section 42-748.11, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individual…
Neb. Rev. Stat. § 42-747.04 Procedure to register child support order of foreign country for modification.
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A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this state under sections 42-736 to 42-743 if the order has not been registered. A petition for modification may be…
Neb. Rev. Stat. § 42-748.01 Definitions.
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For purposes of sections 42-748.01 to 42-748.13: (1) Application means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) Central authority means the entity designat…
Neb. Rev. Stat. § 42-748.02 Applicability.
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Sections 42-748.01 to 42-748.13 apply only to a support proceeding under the Convention. In such a proceeding, if a provision of such sections is inconsistent with sections 42-701 to 42-747.04, sections 42-748.01 to 42-748.13 control.
Neb. Rev. Stat. § 42-748.03 Relationship of Nebraska Department of Health and Human Services to United States central authority.
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The Nebraska Department of Health and Human Services is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
Neb. Rev. Stat. § 42-748.04 Initiation by Nebraska Department of Health and Human Services of support proceeding under Convention.
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(a) In a support proceeding under sections 42-748.01 to 42-748.13, the Nebraska Department of Health and Human Services shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this stat…
Neb. Rev. Stat. § 42-748.05 Direct request.
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(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognition and enforcement of a supp…
Neb. Rev. Stat. § 42-748.06 Registration of Convention support order.
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(a) Except as otherwise provided in sections 42-748.01 to 42-748.13, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this state as provided in sections 42-736 to 42-747.04. (b) Notwithstand…
Neb. Rev. Stat. § 42-748.07 Contest of registered Convention support order.
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(a) Except as otherwise provided in sections 42-748.01 to 42-748.13, sections 42-740 to 42-743 apply to a contest of a registered Convention support order. (b) A party contesting a registered Convention support order shall file a contest not later than thirty days after notice of…
Neb. Rev. Stat. § 42-748.08 Recognition and enforcement of registered Convention support order.
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(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall recognize and enforce a registered Convention support order. (b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement …
Neb. Rev. Stat. § 42-748.09 Partial enforcement.
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If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
Neb. Rev. Stat. § 42-748.10 Foreign support agreement.
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(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a foreign support agreem…
Neb. Rev. Stat. § 42-748.11 Modification of Convention child support order.
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(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) the obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defendi…
Neb. Rev. Stat. § 42-748.12 Personal information; limit on use.
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Personal information gathered or transmitted under sections 42-748.01 to 42-748.13 may be used only for the purposes for which it was gathered or transmitted.
Neb. Rev. Stat. § 42-748.13 Record in original language; English translation.
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A record filed with a tribunal of this state under sections 42-748.01 to 42-748.13 must be in the original language and, if not in English, must be accompanied by an English translation.
Neb. Rev. Stat. § 42-749 Grounds for rendition.
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(a) For purposes of sections 42-749 and 42-750, Governor includes an individual performing the functions of Governor or the executive authority of a state covered by the Uniform Interstate Family Support Act. (b) The Governor of this state may: (1) demand that the Governor of ano…
Neb. Rev. Stat. § 42-750 Conditions of rendition.
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(a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty…
Neb. Rev. Stat. § 42-751 Uniformity of application and construction.
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In applying and construing the Uniform Interstate Family Support Act, consideration shall be given to the need to provide uniformity of the law with respect to the subject matter of the act among states that enact it.
Neb. Rev. Stat. § 42-751.01 Transitional provision.
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The changes to the Uniform Interstate Family Support Act made by Laws 2015, LB415, apply to proceedings begun on or after April 30, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determinat…
Neb. Rev. Stat. § 42-801 Purposes of sections.
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The purposes of sections 42-801 to 42-823 are to protect the rights of children and to promote the public welfare by preserving, promoting, and protecting family life and the institution of matrimony, and to provide means for the reconciliation of spouses and the amicable settlem…
Neb. Rev. Stat. § 42-802 Act, how cited.
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Sections 42-801 to 42-823 may be cited as the Conciliation Court Law.
Neb. Rev. Stat. § 42-803 Applicability of law.
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The provisions of the Conciliation Court Law shall be applicable only in counties in which the county court and the district court determines that the social conditions in the county and the number of domestic relations cases in the courts render the procedures provided in such l…
Neb. Rev. Stat. § 42-804 County court and district court; jurisdiction.
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Each county court and district court shall exercise the jurisdiction conferred by the Conciliation Court Law and while sitting in the exercise of such jurisdiction shall be known and referred to as the conciliation court. All petitions and filings shall be made with the clerk of …
Neb. Rev. Stat. § 42-805 Designation of judge.
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In counties having more than one judge of the district court, the judges at their annual meeting shall designate at least one judge of the county court or district court to hear cases under the Conciliation Court Law. Such assignment may be exclusive or in conjunction with any ot…
Neb. Rev. Stat. § 42-806 Transfer of case.
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The judge of the conciliation court may transfer any case before the conciliation court pursuant to the Conciliation Court Law to the presiding judge of the county court or to the presiding judge of the district court, as appropriate, for assignment for trial or other proceedings…
Neb. Rev. Stat. § 42-807 Acting judge; appointment.
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The presiding judge of the court may appoint a judge of the court other than the judge of the conciliation court to act as judge of the conciliation court during any period when the judge of the conciliation court is on vacation, absent, or for any reason unable to perform his or…
Neb. Rev. Stat. § 42-808 Counselor of conciliation; counties with 250,000 inhabitants or more; personnel; appointment; powers; compensation.
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(1) In each county with a population of two hundred fifty thousand inhabitants or more, the county court and district court may appoint one counselor of conciliation and one secretary to assist the conciliation court in disposing of its business and carrying out its functions. (2…
Neb. Rev. Stat. § 42-809 Counselor of conciliation; counties with less than 250,000 inhabitants; personnel; appointment; compensation.
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(1) In each county having a population of less than two hundred fifty thousand inhabitants, the county court and district court may appoint, with the consent and approval of the board of county commissioners, the following persons to assist the conciliation court in disposing of …
Neb. Rev. Stat. § 42-810 Hearings; conferences; files; confidentiality.
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(1) All court hearings or conferences in proceedings under the provisions of the Conciliation Court Law shall be held in private and the court shall exclude all persons except the officers of the court, the parties, their counsel, and witnesses. Conferences may be held with each …
Neb. Rev. Stat. § 42-811 Controversy between spouses; jurisdiction of court.
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Whenever any controversy exists between spouses which may, unless a reconciliation is achieved, result in the dissolution or annulment of the marriage or in the disruption of the household, and there is any minor child of the spouses or of either of them whose welfare might be af…
Neb. Rev. Stat. § 42-812 Petition; filing; effect.
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Prior to the filing of any action for divorce, annulment, or separate maintenance, either spouse or both spouses may file a petition with the clerk of the district court of the county of the residence of either spouse wherein a conciliation court has been established, invoking th…
Neb. Rev. Stat. § 42-813 Petition; caption.
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The petition shall be captioned substantially as follows: In the (County or District) Court of ................ County, Nebraska Upon the petition of ) Petition for Conciliation ) (Under the Conciliation Court Law) ........................... ) (Petitioner) ) ) ) And concerning )…
Neb. Rev. Stat. § 42-814 Petition; contents.
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The petition shall: (1) Allege that a controversy exists between the spouses and request the aid of the court to effect a reconciliation or an amicable settlement of the controversy; (2) State the name and age of each minor child whose welfare may be affected by the controversy; …
Neb. Rev. Stat. § 42-815 Forms; furnished by county; petitions; complaints; refer to court.
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The clerk of the district court shall provide, at the expense of the county, blank forms for petitions for filing pursuant to the provisions of sections 42-801 to 42-823. All public welfare employees and employees of the conciliation court shall refer to the conciliation court al…
Neb. Rev. Stat. § 42-816 Fees prohibited.
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No fee shall be charged by any officer for filing the petition, nor shall any fee be charged by any officer for the performance of any duty pursuant to the provisions of sections 42-801 to 42-823.
Neb. Rev. Stat. § 42-817 Petition; hearing; notice; citation; compel attendance of witnesses.
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The court shall fix a reasonable time and place for hearing on the petition and shall cause such notice of the filing of the petition and of the time and place of the hearing as it deems necessary to be given to the respondents. The court may, when it deems it necessary, issue a …
Neb. Rev. Stat. § 42-818 Hearing; time; place; objection; effect.
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For the purpose of conducting hearings pursuant to the provisions of sections 42-801 to 42-823, the conciliation court may be convened at any time and place within the county, and the hearing may be had in chambers or otherwise, except that the time and place for hearing shall no…