State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-512_03

43-512.03. County attorneyor authorized attorney; duties; enumerated; department; powers; actions; realparty in interest; representation; section, how construed.(1) The county attorney or authorized attorney shall:(a) On request by the Department of Health and Human Servicesas described in subsection (2) of this section or when the investigation orapplication filed under section 43-512 or 43-512.02 justifies, file a complaintagainst a nonsupporting party inthe district, county, or separate juvenile court praying for an order forchild or medical support in cases when there is no existing child or medicalsupport order. After notice and hearing, the court shall adjudicate the child and medical supportliability of eitherparty and enter an order accordingly;(b) Enforce child, spousal, and medical support orders byan action for income withholding pursuant to the Income Withholding for ChildSupport Act;(c) In addition to income withholding, enforce child, spousal,and medical support orders by other civil actions or administrative actions,citing the defendant for contempt, or filing a criminal complaint;(d) Establish paternity and collect child and medical supporton behalf of children born out of wedlock; and(e) Carry out sections 43-512.12 to 43-512.18.(2) The department may periodically review cases of individualsreceiving enforcement services and make referrals to the county attorney orauthorized attorney.(3) In any action brought by or intervened in by a countyattorney or authorized attorney under the Income Withholding for Child SupportAct, the License Suspension Act, the Uniform Interstate Family Support Act,or sections 42-347 to 42-381, 43-290, 43-512 to 43-512.18, 43-1401to 43-1418, and 43-3328 to 43-3339, such attorneys shall represent the Stateof Nebraska.(4) The State of Nebraska shall be a real party in interestin any action brought by or intervened in by a county attorney or authorizedattorney for the purpose of establishing paternity or securing, modifying,suspending, or terminating child or medical support or in any action broughtby or intervened in by a county attorney or authorized attorney to enforcean order for child, spousal, or medical support.(5) Nothing in this section shall be construed to interpretrepresentation by a county attorney or an authorized attorney as creatingan attorney-client relationship between the county attorney or authorizedattorney and any party or witness to the action, other than the State of Nebraska,regardless of the name in which the action is brought. SourceLaws 1976, LB 926, § 5; Laws 1977, LB 425, § 3; Laws 1981, LB 345, § 3; Laws 1982, LB 522, § 14; Laws 1983, LB 371, § 15; Laws 1985, Second Spec. Sess., LB 7, § 68; Laws 1986, LB 600, § 12; Laws 1987, LB 37, § 1; Laws 1991, LB 457, § 7; Laws 1991, LB 715, § 8; Laws 1994, LB 1224, § 51; Laws 1995, LB 3, § 1; Laws 1996, LB 1044, § 158; Laws 1997, LB 229, § 36; Laws 1997, LB 307, § 60; Laws 1997, LB 752, § 98; Laws 2004, LB 1207, § 37; Laws 2009, LB288, § 8. Cross ReferencesIncome Withholding for Child Support Act, see section 43-1701.License Suspension Act, see section 43-3301.Uniform Interstate Family Support Act, see section 42-701. AnnotationsAs a prerequisite for an action under this section, there cannot be an existing child support order in Nebraska or any other jurisdiction. State ex rel. Gaddis v. Gaddis, 237 Neb. 264, 465 N.W.2d 773 (1991).The nonexistence of a support order is a prerequisite to an action by the State to establish support under this section, and a dissolution decree or modification order which addresses the issue of support, even if ordering that no support is due from either party, constitutes a support order which precludes the State from instituting such an action. State ex rel. Cammarata v. Chambers, 6 Neb. App. 467, 574 N.W.2d 530 (1998).

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-512_03

43-512.03. County attorneyor authorized attorney; duties; enumerated; department; powers; actions; realparty in interest; representation; section, how construed.(1) The county attorney or authorized attorney shall:(a) On request by the Department of Health and Human Servicesas described in subsection (2) of this section or when the investigation orapplication filed under section 43-512 or 43-512.02 justifies, file a complaintagainst a nonsupporting party inthe district, county, or separate juvenile court praying for an order forchild or medical support in cases when there is no existing child or medicalsupport order. After notice and hearing, the court shall adjudicate the child and medical supportliability of eitherparty and enter an order accordingly;(b) Enforce child, spousal, and medical support orders byan action for income withholding pursuant to the Income Withholding for ChildSupport Act;(c) In addition to income withholding, enforce child, spousal,and medical support orders by other civil actions or administrative actions,citing the defendant for contempt, or filing a criminal complaint;(d) Establish paternity and collect child and medical supporton behalf of children born out of wedlock; and(e) Carry out sections 43-512.12 to 43-512.18.(2) The department may periodically review cases of individualsreceiving enforcement services and make referrals to the county attorney orauthorized attorney.(3) In any action brought by or intervened in by a countyattorney or authorized attorney under the Income Withholding for Child SupportAct, the License Suspension Act, the Uniform Interstate Family Support Act,or sections 42-347 to 42-381, 43-290, 43-512 to 43-512.18, 43-1401to 43-1418, and 43-3328 to 43-3339, such attorneys shall represent the Stateof Nebraska.(4) The State of Nebraska shall be a real party in interestin any action brought by or intervened in by a county attorney or authorizedattorney for the purpose of establishing paternity or securing, modifying,suspending, or terminating child or medical support or in any action broughtby or intervened in by a county attorney or authorized attorney to enforcean order for child, spousal, or medical support.(5) Nothing in this section shall be construed to interpretrepresentation by a county attorney or an authorized attorney as creatingan attorney-client relationship between the county attorney or authorizedattorney and any party or witness to the action, other than the State of Nebraska,regardless of the name in which the action is brought. SourceLaws 1976, LB 926, § 5; Laws 1977, LB 425, § 3; Laws 1981, LB 345, § 3; Laws 1982, LB 522, § 14; Laws 1983, LB 371, § 15; Laws 1985, Second Spec. Sess., LB 7, § 68; Laws 1986, LB 600, § 12; Laws 1987, LB 37, § 1; Laws 1991, LB 457, § 7; Laws 1991, LB 715, § 8; Laws 1994, LB 1224, § 51; Laws 1995, LB 3, § 1; Laws 1996, LB 1044, § 158; Laws 1997, LB 229, § 36; Laws 1997, LB 307, § 60; Laws 1997, LB 752, § 98; Laws 2004, LB 1207, § 37; Laws 2009, LB288, § 8. Cross ReferencesIncome Withholding for Child Support Act, see section 43-1701.License Suspension Act, see section 43-3301.Uniform Interstate Family Support Act, see section 42-701. AnnotationsAs a prerequisite for an action under this section, there cannot be an existing child support order in Nebraska or any other jurisdiction. State ex rel. Gaddis v. Gaddis, 237 Neb. 264, 465 N.W.2d 773 (1991).The nonexistence of a support order is a prerequisite to an action by the State to establish support under this section, and a dissolution decree or modification order which addresses the issue of support, even if ordering that no support is due from either party, constitutes a support order which precludes the State from instituting such an action. State ex rel. Cammarata v. Chambers, 6 Neb. App. 467, 574 N.W.2d 530 (1998).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-512_03

43-512.03. County attorneyor authorized attorney; duties; enumerated; department; powers; actions; realparty in interest; representation; section, how construed.(1) The county attorney or authorized attorney shall:(a) On request by the Department of Health and Human Servicesas described in subsection (2) of this section or when the investigation orapplication filed under section 43-512 or 43-512.02 justifies, file a complaintagainst a nonsupporting party inthe district, county, or separate juvenile court praying for an order forchild or medical support in cases when there is no existing child or medicalsupport order. After notice and hearing, the court shall adjudicate the child and medical supportliability of eitherparty and enter an order accordingly;(b) Enforce child, spousal, and medical support orders byan action for income withholding pursuant to the Income Withholding for ChildSupport Act;(c) In addition to income withholding, enforce child, spousal,and medical support orders by other civil actions or administrative actions,citing the defendant for contempt, or filing a criminal complaint;(d) Establish paternity and collect child and medical supporton behalf of children born out of wedlock; and(e) Carry out sections 43-512.12 to 43-512.18.(2) The department may periodically review cases of individualsreceiving enforcement services and make referrals to the county attorney orauthorized attorney.(3) In any action brought by or intervened in by a countyattorney or authorized attorney under the Income Withholding for Child SupportAct, the License Suspension Act, the Uniform Interstate Family Support Act,or sections 42-347 to 42-381, 43-290, 43-512 to 43-512.18, 43-1401to 43-1418, and 43-3328 to 43-3339, such attorneys shall represent the Stateof Nebraska.(4) The State of Nebraska shall be a real party in interestin any action brought by or intervened in by a county attorney or authorizedattorney for the purpose of establishing paternity or securing, modifying,suspending, or terminating child or medical support or in any action broughtby or intervened in by a county attorney or authorized attorney to enforcean order for child, spousal, or medical support.(5) Nothing in this section shall be construed to interpretrepresentation by a county attorney or an authorized attorney as creatingan attorney-client relationship between the county attorney or authorizedattorney and any party or witness to the action, other than the State of Nebraska,regardless of the name in which the action is brought. SourceLaws 1976, LB 926, § 5; Laws 1977, LB 425, § 3; Laws 1981, LB 345, § 3; Laws 1982, LB 522, § 14; Laws 1983, LB 371, § 15; Laws 1985, Second Spec. Sess., LB 7, § 68; Laws 1986, LB 600, § 12; Laws 1987, LB 37, § 1; Laws 1991, LB 457, § 7; Laws 1991, LB 715, § 8; Laws 1994, LB 1224, § 51; Laws 1995, LB 3, § 1; Laws 1996, LB 1044, § 158; Laws 1997, LB 229, § 36; Laws 1997, LB 307, § 60; Laws 1997, LB 752, § 98; Laws 2004, LB 1207, § 37; Laws 2009, LB288, § 8. Cross ReferencesIncome Withholding for Child Support Act, see section 43-1701.License Suspension Act, see section 43-3301.Uniform Interstate Family Support Act, see section 42-701. AnnotationsAs a prerequisite for an action under this section, there cannot be an existing child support order in Nebraska or any other jurisdiction. State ex rel. Gaddis v. Gaddis, 237 Neb. 264, 465 N.W.2d 773 (1991).The nonexistence of a support order is a prerequisite to an action by the State to establish support under this section, and a dissolution decree or modification order which addresses the issue of support, even if ordering that no support is due from either party, constitutes a support order which precludes the State from instituting such an action. State ex rel. Cammarata v. Chambers, 6 Neb. App. 467, 574 N.W.2d 530 (1998).

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