42-733. Establishment of support order.

278 words·~1 min read·/ne/chapter-42/42-733

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 .

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).