State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-512_01

43-512.01. County attorney or authorized attorney; duty to take action against nonsupporting parent or stepparent; when.It shall be the duty of the county attorney or authorized attorney when a copy of the finding of investigation or the application for financial assistance has been filed with him or her as provided in section 43-512, or when an application has been made pursuant to section 43-512.02, to immediately take action against the nonsupporting parent or stepparent of the dependent child. It shall be the duty of the county attorney or authorized attorney to initiate a child support enforcement action. If the county attorney initiates an action, he or she shall file either a criminal complaint for nonsupport under section 28-706 or a civil complaint against the nonsupporting parent or stepparent under section 43-512.03. If the attorney who initiates a child support enforcement action is an authorized attorney, he or she shall file a civil complaint against the nonsupporting parent or stepparent pursuant to section 43-512.03. SourceLaws 1947, c. 158, § 2, p. 437; Laws 1951, c. 79, § 6, p. 241; Laws 1969, c. 343, § 4, p. 1207; Laws 1976, LB 926, § 4; Laws 1977, LB 425, § 2; Laws 1978, LB 748, § 28; Laws 1981, LB 345, § 1; Laws 1983, LB 371, § 13; Laws 1984, LB 845, § 33; Laws 1985, Second Spec. Sess., LB 7, § 66; Laws 2004, LB 1207, § 36. AnnotationsIn civil child support action by county attorney, father's counterclaim requesting custody did not create conflict of interest for county attorney and the trial court erred in appointing a special prosecutor to replace the county attorney. State on behalf of Garcia v. Garcia, 238 Neb. 455, 471 N.W.2d 388 (1991).

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-512_01

43-512.01. County attorney or authorized attorney; duty to take action against nonsupporting parent or stepparent; when.It shall be the duty of the county attorney or authorized attorney when a copy of the finding of investigation or the application for financial assistance has been filed with him or her as provided in section 43-512, or when an application has been made pursuant to section 43-512.02, to immediately take action against the nonsupporting parent or stepparent of the dependent child. It shall be the duty of the county attorney or authorized attorney to initiate a child support enforcement action. If the county attorney initiates an action, he or she shall file either a criminal complaint for nonsupport under section 28-706 or a civil complaint against the nonsupporting parent or stepparent under section 43-512.03. If the attorney who initiates a child support enforcement action is an authorized attorney, he or she shall file a civil complaint against the nonsupporting parent or stepparent pursuant to section 43-512.03. SourceLaws 1947, c. 158, § 2, p. 437; Laws 1951, c. 79, § 6, p. 241; Laws 1969, c. 343, § 4, p. 1207; Laws 1976, LB 926, § 4; Laws 1977, LB 425, § 2; Laws 1978, LB 748, § 28; Laws 1981, LB 345, § 1; Laws 1983, LB 371, § 13; Laws 1984, LB 845, § 33; Laws 1985, Second Spec. Sess., LB 7, § 66; Laws 2004, LB 1207, § 36. AnnotationsIn civil child support action by county attorney, father's counterclaim requesting custody did not create conflict of interest for county attorney and the trial court erred in appointing a special prosecutor to replace the county attorney. State on behalf of Garcia v. Garcia, 238 Neb. 455, 471 N.W.2d 388 (1991).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-512_01

43-512.01. County attorney or authorized attorney; duty to take action against nonsupporting parent or stepparent; when.It shall be the duty of the county attorney or authorized attorney when a copy of the finding of investigation or the application for financial assistance has been filed with him or her as provided in section 43-512, or when an application has been made pursuant to section 43-512.02, to immediately take action against the nonsupporting parent or stepparent of the dependent child. It shall be the duty of the county attorney or authorized attorney to initiate a child support enforcement action. If the county attorney initiates an action, he or she shall file either a criminal complaint for nonsupport under section 28-706 or a civil complaint against the nonsupporting parent or stepparent under section 43-512.03. If the attorney who initiates a child support enforcement action is an authorized attorney, he or she shall file a civil complaint against the nonsupporting parent or stepparent pursuant to section 43-512.03. SourceLaws 1947, c. 158, § 2, p. 437; Laws 1951, c. 79, § 6, p. 241; Laws 1969, c. 343, § 4, p. 1207; Laws 1976, LB 926, § 4; Laws 1977, LB 425, § 2; Laws 1978, LB 748, § 28; Laws 1981, LB 345, § 1; Laws 1983, LB 371, § 13; Laws 1984, LB 845, § 33; Laws 1985, Second Spec. Sess., LB 7, § 66; Laws 2004, LB 1207, § 36. AnnotationsIn civil child support action by county attorney, father's counterclaim requesting custody did not create conflict of interest for county attorney and the trial court erred in appointing a special prosecutor to replace the county attorney. State on behalf of Garcia v. Garcia, 238 Neb. 455, 471 N.W.2d 388 (1991).

Categories