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2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-717 - Duties of initiating tribunal.

42-717.
Duties of initiating tribunal.
(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 state; or
(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
Source
Laws 1993, LB 500, § 17;
Laws 1997, LB 727, § 6;
Laws 2003, LB 148, § 57;
Laws 2015, LB415, § 16.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-718 - Duties and powers of responding tribunal.

42-718.
Duties and powers of responding tribunal.
(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.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(1) establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child;
(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) issue a capias for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the capias in any local and state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment by specified methods;
(11) award reasonable attorney's fees and other fees and costs;
(12) issue an order releasing or subordinating a lien pursuant to section 42-371; and
(13) grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under the Uniform Interstate Family Support Act, or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state shall not condition the payment of a support order issued under the act upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under the act, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrearages, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
Source
Laws 1993, LB 500, § 18;
Laws 1997, LB 727, § 7;
Laws 2003, LB 148, § 58;
Laws 2015, LB415, § 17.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-719 - Inappropriate tribunal.

42-719.
Inappropriate tribunal.
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.
Source
Laws 1993, LB 500, § 19;
Laws 1997, LB 727, § 8;
Laws 2003, LB 148, § 59;
Laws 2015, LB415, § 18.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-720 - Duties of support enforcement agency.

42-720.
Duties of support enforcement agency.
(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 authority of a foreign country as described in subdivision (5)(A) or (D) of section 42-702; and
(3) may provide services to a petitioner who is an individual not residing in a state.
(b) A support enforcement agency of this state that is providing services to the petitioner shall:
(1) take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date, time, and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) within five days, exclusive of nonjudicial days, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(5) within five days, exclusive of nonjudicial days, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(1) to ensure that the order to be registered is the controlling order; or
(2) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrearages, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrearages, and interest if requested to do so by a support enforcement agency of another state pursuant to section 42-732.
(f) The act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
Source
Laws 1993, LB 500, § 20;
Laws 1997, LB 727, § 9;
Laws 2003, LB 148, § 60;
Laws 2003, LB 760, § 15;
Laws 2015, LB415, § 19.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-721 - Attorney General; powers.

42-721.
Attorney General; powers.
(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 directly to the individual.
(b) The Attorney General may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
Source
Laws 1993, LB 500, § 21;
Laws 2003, LB 148, § 61;
Laws 2015, LB415, § 20.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-723 - Duties of state information agency.

42-723.
Duties of state information agency.
(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 jurisdiction under the act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under the act received from another state or a foreign country; and
(4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
Source
Laws 1993, LB 500, § 23;
Laws 1996, LB 1044, § 102;
Laws 1997, LB 307, § 18;
Laws 2003, LB 148, § 62;
Laws 2015, LB415, § 21.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-724 - Pleadings and accompanying documents.

42-724.
Pleadings and accompanying documents.
(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 otherwise ordered under section 42-725, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The accompanying documents may include any other information that may assist in locating or identifying the respondent.
(b) The petition shall specify the relief sought. The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
Source
Laws 1993, LB 500, § 24;
Laws 2003, LB 148, § 63;
Laws 2015, LB415, § 22.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-725 - Nondisclosure of information in exceptional circumstances.

42-725.
Nondisclosure of information in exceptional circumstances.
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. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Source
Laws 1993, LB 500, § 25;
Laws 2003, LB 148, § 64.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-726 - Costs and fees.

42-726.
Costs and fees.
(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 incurred by the obligee and the obligee's witnesses. The tribunal shall not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under sections 42-736 to 42-747.04, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
Source
Laws 1993, LB 500, § 26;
Laws 2003, LB 148, § 65;
Laws 2015, LB415, § 23.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-727 - Limited immunity of petitioner.

42-727.
Limited immunity of petitioner.
(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 petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under the Uniform Interstate Family Support Act.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under the act committed by a party while present in this state to participate in the proceeding.
Source
Laws 1993, LB 500, § 27;
Laws 2003, LB 148, § 66.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-728 - Nonparentage as defense.

42-728.
Nonparentage as defense.
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.
Source
Laws 1993, LB 500, § 28.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-729 - Special rules of evidence and procedure.

42-729.
Special rules of evidence and procedure.
(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 substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record shall not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under the Uniform Interstate Family Support Act, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under the act.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under the act.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
Source
Laws 1993, LB 500, § 29;
Laws 2003, LB 148, § 67;
Laws 2015, LB415, § 24.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-730 - Communications between tribunals.

42-730.
Communications between tribunals.
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 tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
Source
Laws 1993, LB 500, § 30;
Laws 2003, LB 148, § 68;
Laws 2015, LB415, § 25.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-731 - Assistance with discovery.

42-731.
Assistance with discovery.
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.
Source
Laws 1993, LB 500, § 31;
Laws 2015, LB415, § 26.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-732 - Receipt and disbursement of payments.

42-732.
Receipt and disbursement of payments.
(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 statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:
(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
Source
Laws 1993, LB 500, § 32;
Laws 2003, LB 148, § 69;
Laws 2015, LB415, § 27.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-733 - Establishment of support order.

42-733.
Establishment of support order.
(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 this state; or
(2) the support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing;
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child;
(6) the father of a child whose paternity is established either by judicial proceeding or acknowledgment under sections 43-1401 to 43-1418;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to section 42-718.
Source
Laws 1993, LB 500, § 33;
Laws 2003, LB 148, § 70;
Laws 2015, LB415, § 28.
Annotations
This section applies to situations where an existing support order which has been entered by one state court (the initiating tribunal) is sought to be enforced (recognition) in another state court (the responding tribunal). Willers ex rel. Powell v. Willers, 255 Neb. 769, 587 N.W.2d 390 (1998).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-733.01 - Proceeding to determine parentage.

42-733.01.
Proceeding to determine parentage.
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.
Source
Laws 2015, LB415, § 29.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-734 - Employer's receipt of income withholding order of another state.

42-734.
Employer's receipt of income withholding order of another state.
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 a petition or comparable pleading or registering the order with a tribunal of this state.
Source
Laws 1993, LB 500, § 34;
Laws 1997, LB 727, § 10;
Laws 2003, LB 148, § 71.
Cross References
Income Withholding for Child Support Act, see section 43-1701.
Annotations
This section allowed the plaintiff to send a Wisconsin child support order to the defendant's Nebraska employer without first filing a petition or registering the order with a tribunal of Nebraska, and the employer was required to provide the defendant with a copy of the order and to distribute funds as directed by the Wisconsin order. Harvey v. Harvey, 6 Neb. App. 524, 575 N.W.2d 167 (1998).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-734.01 - Employer's compliance with income withholding order of another state.

42-734.01.
Employer's compliance with income withholding order of another state.
(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 tribunal of this state.
(c) Except as otherwise provided in subsection (d) of this section and section 42-734.02, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:
(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person designated to receive payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) the employer's fee for processing an income withholding order;
(2) the maximum amount permitted to be withheld from the obligor's income; and
(3) the times within which the employer shall implement the withholding order and forward the child support payment.
Source
Laws 1997, LB 727, § 11;
Laws 2003, LB 148, § 72.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-734.02 - Compliance with two or more income withholding orders.

42-734.02.
Compliance with two or more income withholding orders.
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 the priorities for withholding and allocating income withheld for two or more child support obligees.
Source
Laws 1997, LB 727, § 12;
Laws 2003, LB 148, § 73.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-734.03 - Immunity from civil liability.

42-734.03.
Immunity from civil liability.
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.
Source
Laws 1997, LB 727, § 13;
Laws 2015, LB415, § 30.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-734.04 - Penalties for noncompliance.

42-734.04.
Penalties for noncompliance.
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.
Source
Laws 1997, LB 727, § 14;
Laws 2015, LB415, § 31.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-734.05 - Contest by obligor.

42-734.05.
Contest by obligor.
(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 to 42-747.04 or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(b) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to the obligee;
(2) each employer that has directly received an income withholding order relating to the obligor; and
(3) the person designated to receive payments in the income withholding order or, if no person is designated, to the obligee.
Source
Laws 1997, LB 727, § 15;
Laws 2003, LB 148, § 74;
Laws 2015, LB415, § 32.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-735 - Administrative enforcement of orders.

42-735.
Administrative enforcement of orders.
(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) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to the Uniform Interstate Family Support Act.
Source
Laws 1993, LB 500, § 35;
Laws 2003, LB 148, § 75;
Laws 2015, LB415, § 33.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-736 - Registration of order for enforcement.

42-736.
Registration of order for enforcement.
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.
Source
Laws 1993, LB 500, § 36;
Laws 2015, LB415, § 34.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-737 - Procedure to register order for enforcement.

42-737.
Procedure to register order for enforcement.
(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 tribunal requesting registration and enforcement;
(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(A) the obligor's address and social security number;
(B) the name and address of the obligor's employer or other payor and any other source of income of the obligor; and
(C) a description and the location of property of the obligor in this state not exempt from execution; and
(5) except as otherwise provided in section 42-725, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading shall specify the grounds for the remedy sought.
(d) If two or more orders are in effect, the person requesting registration shall:
(1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) specify the order alleged to be the controlling order, if any; and
(3) specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
Source
Laws 1993, LB 500, § 37;
Laws 2003, LB 148, § 76;
Laws 2015, LB415, § 35.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-738 - Effect of registration for enforcement.

42-738.
Effect of registration for enforcement.
(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 same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in the Uniform Interstate Family Support Act, a tribunal of this state shall recognize and enforce, but shall not modify, a registered support order if the issuing tribunal had jurisdiction.
Source
Laws 1993, LB 500, § 38;
Laws 2003, LB 148, § 77;
Laws 2015, LB415, § 36.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-739 - Choice of law.

42-739.
Choice of law.
(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 accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrearages under a registered support order, the statute of limitation of this state or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.
Source
Laws 1993, LB 500, § 39;
Laws 2003, LB 148, § 78;
Laws 2015, LB415, § 37.
Annotations
Under this section and section 42-746, a responding state becomes an issuing state when it assumes continuing, exclusive jurisdiction to modify a foreign child support order and must apply its own substantive law to the modification. Under this section, the substantive law of an issuing state applies to petitions filed in a responding state to enforce the existing child support orders of the issuing state; at the same time, the substantive law of the issuing state does not apply to petitions filed in a responding state to modify the existing child support orders of the issuing state. Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-740 - Notice of registration of order.

42-740.
Notice of registration of order.
(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 and relevant information accompanying the order.
(b) A notice shall inform the nonregistering party:
(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) that a hearing to contest the validity or enforcement of the registered order shall be requested within twenty days after notice unless the registered order is under section 42-748.07;
(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice shall also:
(1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrearages, if any;
(2) notify the nonregistering party of the right to a determination of which is the controlling order;
(3) state that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and
(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the Income Withholding for Child Support Act or sections 42-347 to 42-381.
Source
Laws 1993, LB 500, § 40;
Laws 1997, LB 727, § 16;
Laws 2003, LB 148, § 79;
Laws 2015, LB415, § 38.
Cross References
Income Withholding for Child Support Act, see section 43-1701.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-741 - Procedure to contest validity or enforcement of registered support order.

42-741.
Procedure to contest validity or enforcement of registered support order.
(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 allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to section 42-742.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Source
Laws 1993, LB 500, § 41;
Laws 1997, LB 727, § 17;
Laws 2015, LB415, § 39.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-742 - Contest of registration or enforcement.

42-742.
Contest of registration or enforcement.
(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 was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation under section 42-739 precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under such subsection to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
Source
Laws 1993, LB 500, § 42;
Laws 2003, LB 148, § 80;
Laws 2015, LB415, § 40.
Annotations
Pursuant to section 42-743, a litigant is precluded from raising an equitable estoppel defense to challenge the enforcement or modification of a foreign support order once the foreign order has been confirmed pursuant to this section. Trogdon v. Trogdon, 18 Neb. App. 313, 780 N.W.2d 45 (2010).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-743 - Confirmed order.

42-743.
Confirmed order.
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.
Source
Laws 1993, LB 500, § 43;
Laws 2015, LB415, § 41.
Annotations
Pursuant to this section, a litigant is precluded from raising an equitable estoppel defense to challenge the enforcement or modification of a foreign support order once the foreign order has been confirmed pursuant to section 42-742. Trogdon v. Trogdon, 18 Neb. App. 313, 780 N.W.2d 45 (2010).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-744 - Procedure to register child support order of another state for modification.

42-744.
Procedure to register child support order of another state for modification.
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 modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
Source
Laws 1993, LB 500, § 44;
Laws 2015, LB415, § 42.
Annotations
A party seeking to modify a child support order issued in another state shall register that order in Nebraska in accordance with the Uniform Interstate Family Support Act if the order has not been previously registered. Lamb v. Lamb, 14 Neb. App. 337, 707 N.W.2d 423 (2005).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-745 - Effect of registration for modification.

42-745.
Effect of registration for modification.
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 section 42-746 or 42-747.01 have been met.
Source
Laws 1993, LB 500, § 45;
Laws 2003, LB 148, § 81;
Laws 2015, LB415, § 43.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-747 - Recognition of order modified in another state; enforcement.

42-747.
Recognition of order modified in another state; enforcement.
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 enforce its order that was modified only as to arrearages and interest accruing before the modification;
(2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Source
Laws 1993, LB 500, § 47;
Laws 1997, LB 727, § 19;
Laws 2003, LB 148, § 83.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-747.01 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

42-747.01.
Jurisdiction to modify child support order of another state when individual parties reside in this state.
(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 of this state exercising jurisdiction under this section shall apply the provisions of sections 42-701 to 42-713.02 and 42-736 to 42-747.04 and the procedural and substantive law of this state to the enforcement or modification proceeding. Sections 42-714 to 42-735 and 42-748.01 to 42-750 do not apply.
Source
Laws 1997, LB 727, § 20;
Laws 2003, LB 148, § 84;
Laws 2015, LB415, § 45.
Annotations
Under this section, the provisions of section 42-746(c) and (d) are applied to a modification proceeding and govern the duration of the obligation of support. Wills v. Wills, 16 Neb. App. 559, 745 N.W.2d 924 (2008).
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-747.02 - Notice to issuing tribunal of modification.

42-747.02.
Notice to issuing tribunal of modification.
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 knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
Source
Laws 1997, LB 727, § 21.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-747.03 - Jurisdiction to modify child support order of foreign country.

42-747.03.
Jurisdiction to modify child support order of foreign country.
(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 individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to section 42-746 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
Source
Laws 2003, LB 148, § 85;
Laws 2015, LB415, § 46.
2023 Nebraska Revised Statutes › Chapter 42 - Households and Families › 42-747.04 - Procedure to register child support order of foreign country for modification.

42-747.04.
Procedure to register child support order of foreign country for modification.
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 filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
Source
Laws 2015, LB415, § 47.