42-702. Definitions.
In the Uniform Interstate Family Support Act:
(1) Child means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(2) Child support order means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.
(3) Convention means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.
(4) Duty of support means an obligation imposed or imposable by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support.
(5) Foreign country means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:
(A) Which has been declared under the law of the United States to be a foreign reciprocating country;
(B) Which has established a reciprocal arrangement for child support with this state as provided in section 42-721;
(C) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under the act; or
(D) In which the Convention is in force with respect to the United States.
(6) Foreign support order means a support order of a foreign tribunal.
(7) Foreign tribunal means a court, administrative agency, or quasi-judicial entity of a foreign country which is authorized to establish, enforce, or modify support orders or to determine parentage of a child. The term includes a competent authority under the Convention.
(8) Home state means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
(9) Income includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(10) Income withholding order means an order or other legal process directed to an obligor's employer or other payor, as defined by the Income Withholding for Child Support Act or sections 42-347 to 42-381, to withhold support from the income of the obligor.
(11) Initiating tribunal means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.
(12) Issuing foreign country means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.
(13) Issuing state means the state in which a tribunal issues a support order or judgment determining parentage of a child.
(14) Issuing tribunal means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.
(15) Law includes decisional and statutory law and rules and regulations having the force of law.
(16) Obligee means:
(A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;
(B) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;
(C) An individual seeking a judgment determining parentage of the individual's child; or
(D) A person that is a creditor in a proceeding under sections 42-748.01 to 42-748.13.
(17) Obligor means an individual, or the estate of a decedent that:
(A) Owes or is alleged to owe a duty of support;
(B) Is alleged but has not been adjudicated to be a parent of a child;
(C) Is liable under a support order; or
(D) Is a debtor in a proceeding under sections 42-748.01 to 42-748.13.
(18) Outside this state means a location in another state or a country other than the United States, whether or not the country is a foreign country.
(19) Person means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) Record means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(21) Register means to record or file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.
(22) Registering tribunal means a tribunal in which a support order or judgment determining parentage of a child is registered.
(23) Responding state means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
(24) Responding tribunal means the authorized tribunal in a responding state or foreign country.
(25) Spousal support order means a support order for a spouse or former spouse of the obligor.
(26) State means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe.
(27) Support enforcement agency means a public official, governmental entity, or private agency authorized to:
(A) Seek enforcement of support orders or laws relating to the duty of support;
(B) Seek establishment or modification of child support;
(C) Request determination of parentage of a child;
(D) Attempt to locate obligors or their assets; or
(E) Request determination of the controlling child support order.
(28) Support order means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney's fees, and other relief.
(29) Tribunal means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
Source
Cross References
Structure Nebraska Revised Statutes
Chapter 42 - Households and Families
42-101 - Marriage a civil contract.
42-102 - Minimum age; affliction with venereal disease, disqualification.
42-103 - Marriages; when void.
42-104 - Solemnization; license; application; requirements.
42-105 - Marriage of minor; conditions upon which a license may be issued.
42-106 - License issued by county clerk; contents; marriage record; forms.
42-107 - License; issuance prohibited, when.
42-108 - Marriage ceremony; who may perform; return; contents.
42-109 - Ceremony; requirements.
42-110 - Marriage certificate; provided to parties; form.
42-114 - Want of jurisdiction; marriage not void, when.
42-116 - Marriage certificate and record as evidence.
42-117 - Marriage contracted out of state; when valid.
42-118 - Marriages; when voidable.
42-201 - Wife's separate property; not available for husband or his debts; exception.
42-202 - Married woman; capacity to contract; same as married man.
42-203 - Married woman; capacity to carry on business; earnings.
42-204 - Married woman; marriage solemnized out of state; property rights.
42-205 - Sections, how construed.
42-206 - Debts of wife contracted before marriage; husband not liable.
42-207 - Married woman; not bound by covenant in joint deed.
42-341 - Decree of another jurisdiction; no force or effect; when.
42-342 - Residence; prima facie evidence.
42-343 - Sections, how construed.
42-345 - Decree of divorce; prior to August 27, 1951; validity.
42-346 - Decree of divorce; validity.
42-348 - Proceedings; where brought; transfer of proceedings; orders; how treated.
42-349 - Dissolution; action; conditions.
42-350 - Legal separation; amendment of pleadings; when.
42-351 - County or district court; jurisdiction.
42-352 - Proceedings; complaint; filing; service.
42-355 - Defendant; proper service or appearance.
42-357 - Temporary and ex parte orders; violation; penalty.
42-358.01 - Delinquent support order payments; records.
42-358.03 - Permanent child support payments; failure to pay; work release program.
42-358.04 - Delinquent permanent child support payments; remarriage; effect.
42-358.05 - Child or spousal support; performance of decree; court powers.
42-358.06 - Delinquent permanent child or spousal support payments; lien.
42-358.07 - Clerk of the district court; nonperformance of duties; removal from office.
42-358.08 - Information regarding absent parent; duty to furnish; enforcement.
42-359 - Applications for spousal support or alimony; financial statements.
42-360 - Reconciliation; transfer of action; when; counseling; costs.
42-361 - Marriage irretrievably broken; findings; decree issued without hearing; when.
42-361.01 - Legal separation; findings.
42-362 - Spouse mentally ill; guardian ad litem; attorney; appointment; order for support.
42-364.01 - Child support; withholding of earnings; court; powers.
42-364.02 - Child support; withholding of earnings; application; who may file.
42-364.03 - Child support; withholding of earnings; hearing notice; interrogatories.
42-364.04 - Child support; withholding of earnings; service of documents.
42-364.05 - Child support; withholding of earnings; court; jurisdiction.
42-364.06 - Child support; withholding of earnings; court order.
42-364.07 - Child support; withholding of earnings; attorney's fee.
42-364.08 - Child support; withholding of earnings; limitations.
42-364.09 - Child support; withholding of earnings; priority.
42-364.11 - Child support; withholding of earnings; terms, defined.
42-364.13 - Support order; requirements.
42-364.14 - Parent-employee; consent to withholding of earnings; procedure.
42-364.15 - Enforcement of parenting time, visitation, or other access orders; procedure; costs.
42-364.16 - Child support guidelines; establishment; use.
42-364.18 - Individuals with disabilities; legislative findings.
42-365 - Decree; alimony; division of property; criteria; modification; revocation; termination.
42-366 - Property settlements; effect; enforcement; modification.
42-367 - Temporary allowance; costs; payment.
42-368 - Decree of separation; support order; modification; revocation.
42-370 - Contempt proceedings; attorney's fees; costs.
42-372.01 - Decree; when final.
42-372.02 - Decree; assignment of real estate; affidavit and certificate; filing.
42-372.03 - Legal separation decree; application to set aside decree.
42-373 - Annulments; procedure.
42-374 - Annulment; conditions.
42-375 - Annulments; persons under disability; who may bring action; denial, when.
42-376 - Doubted marriage; procedure.
42-377 - Legitimacy of children.
42-378 - Nullity of marriage; procedure; costs.
42-380 - Restoration of former name; procedure.
42-381 - Minor child; rights of parents.
42-402 - Children; when deemed legitimate.
42-403 - Marriages and divorces; void, when unlawful.
42-404 - Marriages; how contracted.
42-405 - Divorces; how obtained.
42-406 - Bigamy; when; penalty.
42-407 - Marriages; record of county judge; legal and competent evidence.
42-408 - Sections, how construed.
42-501 - Mortgage; procedure for authorization; limitation.
42-502 - Complaint; verification; service; guardian ad litem; costs.
42-603 - Property acquired; presumption.
42-617 - Property acquired, definition.
42-618 - Receipt, management, control, and disposition of property.
42-619 - Claims; limitation; affidavit asserting ownership; filing and recording.
42-703 - Tribunal of this state; support enforcement agency.
42-704 - Remedies cumulative; applicability of act.
42-704.01 - Application of act to resident of foreign country and foreign support proceeding.
42-705 - Basis for jurisdiction over nonresident.
42-706 - Continuing personal jurisdiction.
42-707 - Initiating and responding tribunal of this state.
42-708 - Simultaneous proceedings.
42-709 - Continuing, exclusive jurisdiction.
42-710 - Enforcement of support order by tribunal having continuing jurisdiction.
42-711 - Recognition of controlling child support order.
42-712 - Child support orders for two or more obligees.
42-713 - Credits for payments.
42-713.01 - Application of act to nonresident subject to personal jurisdiction.
42-713.02 - Continuing, exclusive jurisdiction to modify spousal support order.
42-714 - Proceedings under the Uniform Interstate Family Support Act.
42-715 - Action by minor parent.
42-716 - Application of law of this state.
42-717 - Duties of initiating tribunal.
42-718 - Duties and powers of responding tribunal.
42-719 - Inappropriate tribunal.
42-720 - Duties of support enforcement agency.
42-721 - Attorney General; powers.
42-723 - Duties of state information agency.
42-724 - Pleadings and accompanying documents.
42-725 - Nondisclosure of information in exceptional circumstances.
42-727 - Limited immunity of petitioner.
42-728 - Nonparentage as defense.
42-729 - Special rules of evidence and procedure.
42-730 - Communications between tribunals.
42-731 - Assistance with discovery.
42-732 - Receipt and disbursement of payments.
42-733 - Establishment of support order.
42-733.01 - Proceeding to determine parentage.
42-734 - Employer's receipt of income withholding order of another state.
42-734.01 - Employer's compliance with income withholding order of another state.
42-734.02 - Compliance with two or more income withholding orders.
42-734.03 - Immunity from civil liability.
42-734.04 - Penalties for noncompliance.
42-734.05 - Contest by obligor.
42-735 - Administrative enforcement of orders.
42-736 - Registration of order for enforcement.
42-737 - Procedure to register order for enforcement.
42-738 - Effect of registration for enforcement.
42-740 - Notice of registration of order.
42-741 - Procedure to contest validity or enforcement of registered support order.
42-742 - Contest of registration or enforcement.
42-744 - Procedure to register child support order of another state for modification.
42-745 - Effect of registration for modification.
42-746 - Modification of child support order of another state.
42-747 - Recognition of order modified in another state; enforcement.
42-747.02 - Notice to issuing tribunal of modification.
42-747.03 - Jurisdiction to modify child support order of foreign country.
42-747.04 - Procedure to register child support order of foreign country for modification.
42-748.06 - Registration of Convention support order.
42-748.07 - Contest of registered Convention support order.
42-748.08 - Recognition and enforcement of registered Convention support order.
42-748.09 - Partial enforcement.
42-748.10 - Foreign support agreement.
42-748.11 - Modification of Convention child support order.
42-748.12 - Personal information; limit on use.
42-748.13 - Record in original language; English translation.
42-749 - Grounds for rendition.
42-750 - Conditions of rendition.
42-751 - Uniformity of application and construction.
42-751.01 - Transitional provision.
42-801 - Purposes of sections.
42-803 - Applicability of law.
42-804 - County court and district court; jurisdiction.
42-805 - Designation of judge.
42-807 - Acting judge; appointment.
42-810 - Hearings; conferences; files; confidentiality.
42-811 - Controversy between spouses; jurisdiction of court.
42-812 - Petition; filing; effect.
42-815 - Forms; furnished by county; petitions; complaints; refer to court.
42-817 - Petition; hearing; notice; citation; compel attendance of witnesses.
42-818 - Hearing; time; place; objection; effect.
42-820 - Hearing; orders; effect; reconciliation agreement.
42-823 - Application for proceedings; minor child not involved; jurisdiction.
42-904 - Department; programs and services; duties.
42-905 - Comprehensive support services; enumerated.
42-906 - Support services; to whom provided.
42-907 - Emergency services; enumerated.
42-908 - Department; victim; diagnostic assessment; referral; followup.
42-909 - Department; victim; provide support services; plan of action.
42-910 - Department; services for children; enumerated.
42-911 - Department; victims; provide resource information.
42-912 - Department; develop client feedback; collect statistical data.
42-913 - Department; person who commits domestic abuse; programs and services.
42-914 - Department; domestic violence; develop educational curriculum.
42-915 - Department; families; develop community support systems.
42-916 - Department; family program; prevent generational continuation of abuse.
42-917 - Delivery of services; cooperation; coordination of programs.
42-918 - Contact with victims of spouse abuse and families; confidentiality; violation; penalty.
42-919 - Programs; administered independent of welfare assistance programs.
42-920 - Department; contract for services.
42-921 - Department; power to accept gifts, grants, devises, and bequests; use.
42-922 - Department; adopt rules and regulations.
42-924.01 - Protection order; filed, issued, and served without payment of costs; when.
42-924.02 - Protection order; forms provided; State Court Administrator; duties.
42-924.03 - Protection order granted to respondent; when.
42-927 - Law enforcement agencies; education and training programs.
42-928 - Protection order; restraining order; violation; arrest, when.
42-929 - Arrest; peace officer; duties; conditions of release.
42-931 - Foreign protection order; enforcement.
42-934 - Judicial enforcement of order.
42-935 - Nonjudicial enforcement of order.
42-936 - Registration of order.
42-939 - Uniformity of application and construction.
42-940 - Applicability of act.
42-1007 - Enforcement; void marriage.
42-1008 - Limitation of actions.
42-1009 - Application and construction.
42-1011 - Time of taking effect.
42-1103 - Qualified domestic relations order; requirements.
42-1104 - Order; payment of benefits; alternate payee.
42-1105 - Order; form of benefit payment.
42-1106 - Death of alternate payee; effect.
42-1107 - Order; surviving spouse; payment option.
42-1108 - Order; alternate payee; file with board; notice.
42-1109 - Rules and regulations.
42-1110 - Qualified domestic relations order; how determined; procedure.
42-1111 - Director; separate accounting required; when; investment authority.
42-1112 - Order filed prior to July 19, 1996; applicability.
42-1205 - Certification; forfeiture or cancellation; when.
42-1206 - Address or substitute address; use; when.
42-1207 - Early voting; authorized.
42-1208 - Secretary of State; use of substitute address; exceptions.
42-1209 - Program participants; application assistance.
42-1210 - Rules and regulations.
42-1301 - Transferred to section 30-701.
42-1302 - Transferred to section 30-702.