reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.15 - Enforcement of parenting time, visitation, or other access orders; procedure; costs.

42-364.15.
Enforcement of parenting time, visitation, or other access orders; procedure; costs.
In any proceeding when a court has ordered a parent to pay, temporarily or permanently, any amount for the support of a minor child and in the same proceeding has ordered parenting time, visitation, or other access with any minor child on behalf of such parent, the court shall enforce its orders as follows:
(1) Upon the filing of a motion which is accompanied by an affidavit stating that either parent has unreasonably withheld or interfered with the exercise of the court order after notice to the parent and hearing, the court shall enter such orders as are reasonably necessary to enforce rights of either parent including the modification of previous court orders relating to parenting time, visitation, or other access. The court may use contempt powers to enforce its court orders relating to parenting time, visitation, or other access. The court may require either parent to file a bond or otherwise give security to insure his or her compliance with court order provisions; and
(2) Costs, including reasonable attorney's fees, may be taxed against a party found to be in contempt pursuant to this section.
Source
Laws 1983, LB 371, § 3;
Laws 2000, LB 972, § 14;
Laws 2007, LB554, § 34.
Annotations
Modifications to a parenting plan made after finding the father in contempt were remedial measures to gain compliance and were part of the equitable relief that the court was authorized to provide. Yori v. Helms, 307 Neb. 375, 949 N.W.2d 325 (2020).
A motion to show cause gave the custodial parent notice that she could be found in contempt for denying parenting time which also gave notice of a possible modification pursuant to this section. Martin v. Martin, 294 Neb. 106, 881 N.W.2d 174 (2016).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-364.18 - Individuals with disabilities; legislative findings.

42-364.18.
Individuals with disabilities; legislative findings.
The Legislature finds that individuals with disabilities, as defined in section 42-364, continue to face unfair, preconceived, and unnecessary societal biases as well as antiquated attitudes regarding their ability to successfully parent their children.
Source
Laws 2018, LB845, § 16.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-367 - Temporary allowance; costs; payment.

42-367.
Temporary allowance; costs; payment.
In every action for dissolution of marriage or legal separation, the court may require the husband to pay any sum necessary to enable the wife to maintain the action during its pendency. When dissolution of marriage or a legal separation is decreed, the court may decree costs against either party and award execution for the same, or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.
Source
Laws 1972, LB 820, § 21.
Annotations
Fees for appraising the family residence and for an expert witness at trial are costs assessable under this section. Lockwood v. Lockwood, 205 Neb. 818, 290 N.W.2d 636 (1980).
Adultery of party will not as a matter of law prevent an award of attorney's fees nor affect the payment of costs. Lockard v. Lockard, 193 Neb. 400, 227 N.W.2d 581 (1975).
Awards of attorney's fees and costs hereunder are discretionary. Sullivan v. Sullivan, 192 Neb. 841, 224 N.W.2d 542 (1975).
A court may direct costs against either party in an action for dissolution of marriage. Barth v. Barth, 22 Neb. App. 241, 851 N.W.2d 104 (2014).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-368 - Decree of separation; support order; modification; revocation.

42-368.
Decree of separation; support order; modification; revocation.
When a legal separation is decreed, the court may order payment of such support by one party to the other as may be reasonable, having regard for the circumstances of the parties and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party. Orders for support may be modified or revoked for good cause shown upon notice and hearing, except as to amounts accrued prior to date of service of motion to modify, to which date modification may be retroactive. Orders for child support in cases in which a party has applied for services under Title IV-D of the Social Security Act, as amended, shall be reviewed as provided in sections 43-512.12 to 43-512.18.
Source
Laws 1972, LB 820, § 22;
Laws 1991, LB 715, § 2;
Laws 1993, LB 523, § 2.
Annotations
The statutory prohibition against modifying a decree at a later time to provide for alimony when not allowed in the original decree applies to a dissolution of marriage, not to a decree of legal separation. Pendleton v. Pendleton, 242 Neb. 675, 496 N.W.2d 499 (1993).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-370 - Contempt proceedings; attorney's fees; costs.

42-370.
Contempt proceedings; attorney's fees; costs.
Nothing in sections 42-347 to 42-381 shall prohibit a party from initiating contempt proceedings. Costs, including a reasonable attorney's fee, may be taxed against a party found to be in contempt.
Source
Laws 1972, LB 820, § 24;
Laws 1997, LB 229, § 18.
Annotations
In a civil contempt proceeding relating to an item in a divorce decree, costs, including a reasonable attorney fee, may be assessed against a contemnor. Locke v. Volkmer, 8 Neb. App. 797, 601 N.W.2d 807 (1999).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-371.01 - Duty to pay child support; termination, when; procedure; State Court Administrator; duties.

42-371.01.
Duty to pay child support; termination, when; procedure; State Court Administrator; duties.
(1) An obligor's duty to pay child support for a child terminates when (a) the child reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is emancipated by a court of competent jurisdiction, unless the court order for child support specifically extends child support after such circumstances.
(2) The termination of child support does not relieve the obligor from the duty to pay any unpaid child support obligations owed or in arrears.
(3) The obligor may provide written application for termination of a child support order when the child being supported reaches nineteen years of age, marries, dies, or is otherwise emancipated. The application shall be filed with the clerk of the district court where child support was ordered. A certified copy of the birth certificate, marriage license, death certificate, or court order of emancipation or an abstract of marriage as defined in section 71-601.01 shall accompany the application for termination of the child support. The clerk of the district court shall send notice of the filing of the child support termination application to the last-known address of the obligee. The notice shall inform the obligee that if he or she does not file a written objection within thirty days after the date the notice was mailed, child support may be terminated without further notice. The court shall terminate child support if no written objection has been filed within thirty days after the date the clerk's notice to the obligee was mailed, the forms and procedures have been complied with, and the court believes that a hearing on the matter is not required.
(4) The State Court Administrator shall develop uniform procedures and forms to be used to terminate child support.
Source
Laws 1997, LB 58, § 1;
Laws 2000, LB 972, § 16;
Laws 2006, LB 1115, § 30.
Annotations
The enactment of this section in 1997 delineating the circumstances for terminating child support obligations is not tantamount to a material change in circumstances justifying modification of a child support award. Reinsch v. Reinsch, 259 Neb. 564, 611 N.W.2d 86 (2000).
The filing of a deficient application under this section will not trigger a duty on the part of the obligee to file a corresponding objection. Cain v. Cain, 16 Neb. App. 117, 741 N.W.2d 448 (2007).
This section permits the district court, under specified circumstances, to enter a summary order of termination of child support in the absence of an objection by the obligee. Cain v. Cain, 16 Neb. App. 117, 741 N.W.2d 448 (2007).
It is the public policy and statutory law of this state that child support obligations should be paid until the child reaches the age of 19. Reinsch v. Reinsch, 8 Neb. App. 852, 602 N.W.2d 261 (1999).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-372.01 - Decree; when final.

42-372.01.
Decree; when final.
(1) Except for purposes of appeal as prescribed in section 42-372, for purposes of remarriage as prescribed in subsection (2) of this section, and for purposes of continuation of health insurance coverage as prescribed in subsection (3) of this section, a decree dissolving a marriage becomes final and operative thirty days after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.
(2) For purposes of remarriage other than remarriage between the parties, a decree dissolving a marriage becomes final and operative six months after the decree is entered or on the date of death of one of the parties to the dissolution, whichever occurs first. If the decree becomes final and operative upon the date of death of one of the parties to the dissolution, the decree shall be treated as if it became final and operative the date it was entered.
(3) For purposes of continuation of health insurance coverage, a decree dissolving a marriage becomes final and operative six months after the decree is entered.
(4) A decree dissolving a marriage rendered prior to September 9, 1995, which is not final and operative becomes operative pursuant to the provisions of section 42-372 as such section existed immediately preceding September 9, 1995.
Source
Laws 1995, LB 544, § 2;
Laws 1997, LB 434, § 1;
Laws 2000, LB 921, § 34.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-372.02 - Decree; assignment of real estate; affidavit and certificate; filing.

42-372.02.
Decree; assignment of real estate; affidavit and certificate; filing.
(1) When a decree of dissolution of marriage assigns real estate to either party, the party to whom the real estate is assigned may (a) prepare and file with the clerk of the district court an affidavit identifying the real estate by legal description and affirmatively identifying the person entitled to the real estate and (b) prepare for signature and seal by the clerk one or more certificates in a form substantially similar to the following:
CERTIFICATE OF DISSOLUTION OF MARRIAGE
............................., Clerk of the District Court of ......... County, Nebraska, certifies that in Case No. ......, in such Court, entitled ........................... vs. ........................, the Court entered its decree of dissolution of marriage in which the interest of ........................ in the following described real estate in ............... County, Nebraska:
................................................
................................................
................................................
................................................
has been assigned to .................. .
Dated: ....................
(SEAL)
Clerk of the District Court
........... County, Nebraska.
(2) A certificate may include more than one parcel of real estate, but there shall be separate certificates for each party to whom real estate is assigned and separate certificates for each county in which real estate is located. The certificate or certificates shall be delivered by the clerk to the person applying for the same, and such person shall be responsible for recording the certificate or certificates with the register of deeds in the appropriate county or counties as provided in section 76-248.01.
Source
Laws 2005, LB 361, § 23;
Laws 2018, LB193, § 77.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-372.03 - Legal separation decree; application to set aside decree.

42-372.03.
Legal separation decree; application to set aside decree.
A legal separation decree shall provide that in case of a reconciliation at any time thereafter, the parties may apply to set aside the decree. Upon such application, the court shall set aside the decree and make such orders as are just and reasonable under the circumstances.
Source
Laws 2007, LB132, § 1.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-373 - Annulments; procedure.

42-373.
Annulments; procedure.
Actions for annulment of a marriage shall be brought in the same manner as actions for dissolution of marriage and shall be subject to all applicable provisions of sections 42-347 to 42-381 pertaining to dissolution of marriage, except that the only residence requirement shall be that the plaintiff is an actual resident of the county in which the complaint is filed.
Source
Laws 1972, LB 820, § 27;
Laws 1997, LB 229, § 20;
Laws 2004, LB 1207, § 30.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-374 - Annulment; conditions.

42-374.
Annulment; conditions.
A marriage may be annulled for any of the following causes:
(1) The marriage between the parties is prohibited by law;
(2) Either party is impotent at the time of marriage;
(3) Either party had a spouse living at the time of marriage; or
(4) Force or fraud.
Source
Laws 1972, LB 820, § 28;
Laws 1989, LB 23, § 2;
Laws 2013, LB23, § 9.
Cross References
Marriages:
When void, see section 42-103.
When voidable, see section 42-118.
Annotations
An annulment will be granted only when one or more of the grounds enumerated herein is present. Guggenmos v. Guggenmos, 218 Neb. 746, 359 N.W.2d 87 (1984).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-375 - Annulments; persons under disability; who may bring action; denial, when.

42-375.
Annulments; persons under disability; who may bring action; denial, when.
Annulment actions on behalf of persons under disability may be brought by a parent or adult next friend. An annulment may not be decreed if the marriage is found to be voidable and the parties freely cohabited after the ground for annulment has terminated or become known to the innocent party.
Source
Laws 1972, LB 820, § 29.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-376 - Doubted marriage; procedure.

42-376.
Doubted marriage; procedure.
When the validity of a marriage is doubted, either party may file a complaint and the court shall decree it annulled or affirmed according to the proof. Notice shall be given the other party as in the case of a complaint for dissolution of marriage.
Source
Laws 1972, LB 820, § 30;
Laws 2004, LB 1207, § 31.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-377 - Legitimacy of children.

42-377.
Legitimacy of children.
Children born to the parties, or to either spouse, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-381 shall be legitimate unless otherwise decreed by the court, and in every case the legitimacy of all children conceived before the commencement of the suit shall be presumed until the contrary is shown.
Source
Laws 1972, LB 820, § 31;
Laws 1997, LB 229, § 21;
Laws 2019, LB427, § 1.
Annotations
The presumption favoring legitimacy of children may only be rebutted by clear and convincing evidence beyond the testimony of husband or wife denying child's legitimacy. Perkins v. Perkins, 198 Neb. 401, 253 N.W.2d 42 (1977).
Presumed legitimacy of children born in wedlock may not be rebutted by the testimony or declaration of a parent. Ford v. Ford, 191 Neb. 548, 216 N.W.2d 176 (1974).
This section does not create an irrebuttable presumption of legitimacy in the case of children conceived before the commencement of the dissolution action. Cavanaugh v. deBaudiniere, 1 Neb. App. 204, 493 N.W.2d 197 (1992).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-378 - Nullity of marriage; procedure; costs.

42-378.
Nullity of marriage; procedure; costs.
When the court finds that a party entered into the contract of marriage in good faith supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree and the court may order such innocent party compensated as in the case of dissolution of marriage, including an award for costs and attorney fees.
Source
Laws 1972, LB 820, § 32.
Annotations
This section does not apply merely because a party believes that he or she is validly married or has a subjective desire to be married; rather, the parties must enter into the contract of marriage. Seivert v. Alli, 309 Neb. 246, 959 N.W.2d 777 (2021).
This section is not applicable and does not provide a legal basis for property division and award of alimony when the parties' marriage is valid during its duration and never void or voidable. Manker v. Manker, 263 Neb. 944, 644 N.W.2d 522 (2002).
This section applies when one or both of the parties are innocent. A party claiming good faith under this section cannot close his or her eyes to suspicious circumstances; however, attending a divorce hearing does not trigger a duty to inquire as to the date on which the divorce will become final. Under this section, good faith means an honest and reasonable belief that the marriage was valid at the time of the ceremony. Whether a party acted in good faith depends on the facts and circumstances of the case. Good faith is presumed; the burden of proof rests squarely on the party charging bad faith. Good faith may result either from an error of fact or from an error of law. Hicklin v. Hicklin, 244 Neb. 895, 509 N.W.2d 627 (1994).
This section protects a party who has entered into the contract of marriage in good faith supposing the other party to be capable of marrying and the marriage is declared a nullity. Randall v. Randall, 216 Neb. 541, 345 N.W.2d 319 (1984).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-380 - Restoration of former name; procedure.

42-380.
Restoration of former name; procedure.
(1) When a pleading is filed pursuant to section 42-353 or pursuant to an action for annulment as authorized by section 42-373, either the plaintiff or the defendant may include a request to restore his or her former name. The court shall grant such request except for good cause shown. The mere fact that a parent and child may have different surnames following a dissolution of marriage or annulment shall not be sufficient to constitute good cause. The decree of dissolution or declaration of annulment shall specifically provide for the name change, giving both the old name and the name as it will be after the decree or declaration. A change of name granted pursuant to this section shall become effective on the same date that the decree of dissolution or declaration of annulment, as the case may be, is entered. The requirements of sections 25-21,270 to 25-21,273 shall not apply to this section.
(2) A decree of dissolution or declaration of annulment entered before August 25, 1989, in an action in which a request for name restoration was not included or granted shall not hinder or prevent the petitioner or respondent from effecting a common-law name change.
Source
Laws 1989, LB 401, § 1;
Laws 2004, LB 1207, § 32.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-381 - Minor child; rights of parents.

42-381.
Minor child; rights of parents.
In any final decree or decree of modification in an action for dissolution of marriage, declaration concerning the validity of a marriage, legal separation, or declaration of paternity, regardless of the determination of the court relating to the custody of a minor child, (1) each parent shall continue to have full and equal access to the education and medical records of his or her child unless the court orders to the contrary and (2) either parent may make emergency decisions affecting the health or safety of his or her child while the child is in the physical custody of such parent.
Source
Laws 1993, LB 500, § 58.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-402 - Children; when deemed legitimate.

42-402.
Children; when deemed legitimate.
Whenever any man and woman, either of whom is whole or in part of Indian blood, shall have cohabited together as husband and wife according to the customs and manners of Indian life, the issue of such cohabitation shall be taken and deemed to be the legitimate issue of such persons so living together, notwithstanding the fact that the father and mother may have been divorced or separated according to Indian customs, or otherwise, and married to other persons, according to Indian custom, or otherwise.
Source
Laws 1913, c. 68, § 2, p. 201;
R.S.1913, § 1608;
C.S.1922, § 1557;
C.S.1929, § 42-402;
R.S.1943, § 42-402.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-403 - Marriages and divorces; void, when unlawful.

42-403.
Marriages and divorces; void, when unlawful.
Marriages and divorces consummated on or after April 8, 1913, among such Indians, or among their descendants, according to Indian custom, are hereby declared to be unlawful and shall be punished as hereinafter provided.
Source
Laws 1913, c. 68, § 3, p. 202;
R.S.1913, § 1609;
C.S.1922, § 1558;
C.S.1929, § 42-403;
R.S.1943, § 42-403.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-404 - Marriages; how contracted.

42-404.
Marriages; how contracted.
Such Indians and their descendants shall procure marriage licenses and have their marriages solemnized and returns thereof made in the manner as provided by the laws of this state for the making of marriage contracts.
Source
Laws 1913, c. 68, § 4, p. 202;
R.S.1913, § 1610;
C.S.1922, § 1559;
C.S.1929, § 42-404;
R.S.1943, § 42-404;
Laws 1989, LB 80, § 1.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-405 - Divorces; how obtained.

42-405.
Divorces; how obtained.
Such Indians and their descendants may obtain divorces in the manner and for the causes provided in the statutes of this state, and not otherwise.
Source
Laws 1913, c. 68, § 5, p. 202;
R.S.1913, § 1611;
C.S.1922, § 1560;
C.S.1929, § 42-405;
R.S.1943, § 42-405.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-406 - Bigamy; when; penalty.

42-406.
Bigamy; when; penalty.
If any Indian who is married according to the provisions of sections 42-402 to 42-404 shall, while his or her husband or wife is living, be married to another person, either in legal form or according to Indian custom, he or she shall be guilty of bigamy and shall be punished therefor as provided by law.
Source
Laws 1913, c. 68, § 6, p. 202;
R.S.1913, § 1612;
C.S.1922, § 1561;
C.S.1929, § 42-406;
R.S.1943, § 42-406;
Laws 1999, LB 8, § 1.
Cross References
Bigamy, penalty, see section 28-701.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-407 - Marriages; record of county judge; legal and competent evidence.

42-407.
Marriages; record of county judge; legal and competent evidence.
The record of Indian marriages made by the county judge pursuant to Laws 1913, Chapter 68, section 7, and certified copies thereof, shall be legal and competent evidence in all proceedings of the facts therein authorized to be stated.
Source
Laws 1913, c. 68, § 7, p. 202;
R.S.1913, § 1613;
C.S.1922, § 1562;
C.S.1929, § 42-407;
R.S.1943, § 42-407.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-408 - Sections, how construed.

42-408.
Sections, how construed.
Nothing in sections 42-402 to 42-407 shall be construed to constitute a legal separation of a prior legal marriage according to the laws of this state wherein a license was secured and a ceremony performed by some person empowered by law to perform such marriage ceremony of any Indian of whole or mixed blood residing in the state.
Source
Laws 1913, c. 68, § 8, p. 203;
R.S.1913, § 1614;
C.S.1922, § 1563;
C.S.1929, § 42-408;
R.S.1943, § 42-408;
Laws 1999, LB 8, § 2.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-501 - Mortgage; procedure for authorization; limitation.

42-501.
Mortgage; procedure for authorization; limitation.
When either husband or wife is mentally incompetent and incapable of executing a mortgage relinquishing or encumbering his or her right to the homestead or any other real property of the other, the other may file a complaint in the district court of the county of his or her residence or of the county where the real estate to be encumbered is situated setting forth the facts and praying for an order authorizing the applicant or some other person to execute a mortgage and relinquish or encumber by such mortgage the interest of the mentally incompetent person in such homestead or other real estate. The court shall not authorize the execution of any mortgage on the homestead of the parties for an amount greater than is necessary to pay or redeem the lien of an existing mortgage on such homestead.
Source
Laws 1927, c. 66, § 1, p. 229;
C.S.1929, § 42-501;
Laws 1935, c. 93, § 1, p. 315;
C.S.Supp.,1941, § 42-501;
R.S.1943, § 42-501;
Laws 1986, LB 1177, § 15;
Laws 2004, LB 1207, § 33.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-502 - Complaint; verification; service; guardian ad litem; costs.

42-502.
Complaint; verification; service; guardian ad litem; costs.
The complaint shall be verified by the plaintiff and filed in the office of the clerk of the district court of the proper county. A copy thereof, with the notice of the time at which such application will be heard by the court, shall be served personally upon the mentally incompetent person in the same manner in which a summons is served at least ten days prior to the time fixed for such hearing. Upon completed service, the court shall appoint some responsible attorney thereof guardian ad litem for the person alleged to be mentally incompetent, who shall ascertain the propriety, good faith, and necessity of the prayer of the plaintiff and may resist the application by making any legal or equitable defense thereto. The guardian ad litem shall be allowed by the court a reasonable compensation to be paid as are the other costs.
Source
Laws 1927, c. 66, § 2, p. 229;
C.S.1929, § 42-502;
R.S.1943, § 42-502;
Laws 1986, LB 1177, § 16;
Laws 2004, LB 1207, § 34.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-503 - Decree.

42-503.
Decree.
Upon the hearing of the complaint, if the court is satisfied that it is made in good faith by the plaintiff, that he or she or some other person selected by the court is a proper person to exercise the power and make the mortgage, and that it is necessary and proper, the court shall enter a decree authorizing the execution of a mortgage for and in the name of such mentally incompetent husband or wife by the plaintiff or such other person as the court may appoint.
Source
Laws 1927, c. 66, § 3, p. 229;
C.S.1929, § 42-503;
R.S.1943, § 42-503;
Laws 1986, LB 1177, § 17;
Laws 2004, LB 1207, § 35.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-603 - Property acquired; presumption.

42-603.
Property acquired; presumption.
Property acquired, as defined in section 42-617, shall not be regarded as community property unless the contrary be satisfactorily proved.
Source
Laws 1947, c. 156, § 3, p. 427;
Laws 1949, c. 129, § 2, p. 337.
Annotations
Declaratory judgment seeking to declare Community Property Act unconstitutional was dismissed because of lack of proper parties and justiciable issues. Miller v. Stolinski, 149 Neb. 679, 32 N.W.2d 199 (1948).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-617 - Property acquired, definition.

42-617.
Property acquired, definition.
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, 1949, (a) by exchange for, (b) by the increase of, (c) with the proceeds of, or (d) with the income from, any property defined in subdivision (1) of this section.
Source
Laws 1949, c. 129, § 1, p. 337.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-618 - Receipt, management, control, and disposition of property.

42-618.
Receipt, management, control, and disposition of property.
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 would be so entitled to deal therewith by law, had Chapter 156, Session Laws of Nebraska, 1947, never been enacted.
Source
Laws 1949, c. 129, § 3, p. 337.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-619 - Claims; limitation; affidavit asserting ownership; filing and recording.

42-619.
Claims; limitation; affidavit asserting ownership; filing and recording.
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 protect property rights against loss of evidence, it is necessary that claims that property acquired, as defined in section 42-617, was, or is, community property should be filed or recorded. Any claim or defense by either husband or wife or other person, in any action, proceeding, or controversy, that any property acquired, as defined in section 42-617, was or is community property, shall be barred one year from April 20, 1949, unless, within one year from April 20, 1949, an affidavit by either the husband or wife, or other interested person, asserting that the property therein described was or is community property has been filed or recorded as herein provided. In case of real estate, such affidavit shall be recorded in the office of the register of deeds of the county in which the real estate is situated; in case of stocks, the affidavit shall be filed with the corporation issuing the same; in case of bonds, notes, secured or unsecured, securities, or other evidences of indebtedness or other debts, the affidavit shall be delivered to the debtor; in case of life insurance, the affidavit shall be filed with the home office of the insurer; and in case of all other personal property the affidavit shall be filed with the county clerk of the county in which the husband resides or last resided in Nebraska. The filing or recording of an affidavit as provided in sections 42-603 and 42-617 to 42-620, shall not constitute notice to purchasers, mortgagees, pledgees, or assignees for value, that such property is claimed to be community property. This section shall not apply to claims of any person in exclusive possession of property under claim of right, on April 20, 1949.
Source
Laws 1949, c. 129, § 4, p. 338.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-620 - Severability.

42-620.
Severability.
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.
Source
Laws 1949, c. 129, § 5, p. 339.
Note:
Section 6, referred to in this section was a specific repeal of all sections of Chapter 156, Laws 1947, which was the act adopting a Community Property Law in Nebraska.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-701 - Act, how cited.

42-701.
Act, how cited.
Sections 42-701 to 42-751.01 shall be known and may be cited as the Uniform Interstate Family Support Act.
Source
Laws 1993, LB 500, § 1;
Laws 1997, LB 727, § 1;
Laws 2003, LB 148, § 43;
Laws 2015, LB415, § 1.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-703 - Tribunal of this state; support enforcement agency.

42-703.
Tribunal of this state; support enforcement agency.
(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.
Source
Laws 1993, LB 500, § 3;
Laws 2015, LB415, § 3.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-704 - Remedies cumulative; applicability of act.

42-704.
Remedies cumulative; applicability of act.
(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) Provide the exclusive method of establishing or enforcing a support order under the law of this state; or
(2) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under the act.
Source
Laws 1993, LB 500, § 4;
Laws 2003, LB 148, § 45;
Laws 2015, LB415, § 4.
Annotations
Under this section, a defendant has both common-law and statutory remedies available to contest the validity of an income withholding order issued by another state. Harvey v. Harvey, 6 Neb. App. 524, 575 N.W.2d 167 (1998).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-704.01 - Application of act to resident of foreign country and foreign support proceeding.

42-704.01.
Application of act to resident of foreign country and foreign support proceeding.
(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.
(b) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of sections 42-701 to 42-747.04.
(c) 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.
Source
Laws 2015, LB415, § 5.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-705 - Basis for jurisdiction over nonresident.

42-705.
Basis for jurisdiction over nonresident.
(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 notice within this state;
(2) The individual submits to the jurisdiction of this state by consent in a record, 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 of a child 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 bases 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 are met or, in the case of a foreign support order, unless the requirements of section 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;
Laws 2015, LB415, § 6.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-706 - Continuing personal jurisdiction.

42-706.
Continuing personal jurisdiction.
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 order or continuing jurisdiction to enforce its order as provided by sections 42-709, 42-710, and 42-713.02.
Source
Laws 1993, LB 500, § 6;
Laws 2003, LB 148, § 47.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-707 - Initiating and responding tribunal of this state.

42-707.
Initiating and responding tribunal of this state.
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.
Source
Laws 1993, LB 500, § 7;
Laws 2015, LB415, § 7.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-708 - Simultaneous proceedings.

42-708.
Simultaneous proceedings.
(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 state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) the contesting party timely challenges the exercise of jurisdiction in this state; and
(3) if relevant, the other state or foreign country is the home state of the child.
Source
Laws 1993, LB 500, § 8;
Laws 2015, LB415, § 8.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-709 - Continuing, exclusive jurisdiction.

42-709.
Continuing, exclusive jurisdiction.
(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 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.
Annotations
Under this section as it existed prior to enactment of Laws 2003, LB 148, an issuing state loses continuing, exclusive jurisdiction to modify child support provisions of a divorce decree once both parents and all of their children move away from the issuing state. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-710 - Enforcement of support order by tribunal having continuing jurisdiction.

42-710.
Enforcement of support order by tribunal having continuing jurisdiction.
(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 tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
Source
Laws 1993, LB 500, § 10;
Laws 2003, LB 148, § 49;
Laws 2015, LB415, § 9.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-712 - Child support orders for two or more obligees.

42-712.
Child support orders for two or more obligees.
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 tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
Source
Laws 1993, LB 500, § 12;
Laws 2003, LB 148, § 51;
Laws 2015, LB415, § 11.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-713 - Credits for payments.

42-713.
Credits for payments.
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 a foreign country.
Source
Laws 1993, LB 500, § 13;
Laws 2003, LB 148, § 52;
Laws 2015, LB415, § 12.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-713.01 - Application of act to nonresident subject to personal jurisdiction.

42-713.01.
Application of act to nonresident subject to personal jurisdiction.
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 state pursuant to section 42-729, communicate with a tribunal outside this state pursuant to section 42-730, and obtain discovery through a tribunal outside this state pursuant to section 42-731. In all other respects, sections 42-714 to 42-747.04 do not apply and the tribunal shall apply the procedural and substantive law of this state.
Source
Laws 2003, LB 148, § 53;
Laws 2015, LB415, § 13.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-713.02 - Continuing, exclusive jurisdiction to modify spousal support order.

42-713.02.
Continuing, exclusive jurisdiction to modify spousal support order.
(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 spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
(2) a responding tribunal to enforce or modify its own spousal support order.
Source
Laws 2003, LB 148, § 54;
Laws 2015, LB415, § 14.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-714 - Proceedings under the Uniform Interstate Family Support Act.

42-714.
Proceedings under the Uniform Interstate Family Support Act.
(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 an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
Source
Laws 1993, LB 500, § 14;
Laws 1997, LB 727, § 5;
Laws 2003, LB 148, § 55;
Laws 2015, LB415, § 15.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-716 - Application of law of this state.

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.