42-748.04. Initiation by Nebraska Department of Health and Human Services of support proceeding under Convention.

253 words·~1 min read·/ne/chapter-42/42-748-04

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

(a)In a support proceeding under sections 42-748.01 to 42-748.13 , the Nebraska Department of Health and Human Services shall:

(1)transmit and receive applications; and

(2)initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(b)The following support proceedings are available to an obligee under the Convention:

(1)recognition or recognition and enforcement of a foreign support order;

(2)enforcement of a support order issued or recognized in this state;

(3)establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(4)establishment of a support order if recognition of a foreign support order is refused under subdivision (b)(2), (4), or

(9)of section 42-748.08 ;

(5)modification of a support order of a tribunal of this state; and

(6)modification of a support order of a tribunal of another state or a foreign country.

(c)The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

(1)recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(2)modification of a support order of a tribunal of this state; and

(3)modification of a support order of a tribunal of another state or a foreign country.

(d)A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.