42-739. Choice of law.
304 words·~1 min read·
/ne/chapter-42/42-739A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
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).