Chapter 42 — HOUSEHOLDS AND FAMILIES
437 sections in this chapter.
Neb. Rev. Stat. § 42-705 Basis for jurisdiction over nonresident.
1.6K chars
(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.
0.4K chars
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.
0.3K chars
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.
1.3K chars
(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.
2.0K chars
(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.
0.7K chars
(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.
3.6K chars
(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.
0.4K chars
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.
0.3K chars
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.
0.6K chars
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.
0.8K chars
(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.
0.5K chars
(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.
0.2K chars
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.
0.5K chars
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.
1.1K chars
(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.
2.6K chars
(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.
0.3K chars
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.
2.8K chars
(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.
0.5K chars
(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.
0.1K chars
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.
1.4K chars
(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.
1.2K chars
(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.
0.5K chars
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.
1.1K chars
(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.
0.7K chars
(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.
0.2K chars
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.
2.4K chars
(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.
0.4K chars
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.
0.2K chars
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.
1.3K chars
(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.
1.4K chars
(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.
0.3K chars
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.
0.4K chars
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.
1.6K chars
(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.
0.4K chars
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.
0.3K chars
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.
0.2K chars
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.
0.8K chars
(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.
0.8K chars
(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.
0.1K chars
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.
Neb. Rev. Stat. § 42-737 Procedure to register order for enforcement.
2.3K chars
(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.
0.6K chars
(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.
1.2K chars
(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.
1.9K chars
(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.
0.9K chars
(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.
1.4K chars
(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.
0.2K chars
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.
0.4K chars
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.
0.3K chars
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.
2.4K chars
(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…