Nebraska Statutes 42-748.10. Foreign support agreement
(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
Terms Used In Nebraska Statutes 42-748.10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
- Fraud: Intentional deception resulting in injury to another.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement under the Uniform Interstate Family Support Act in this state; or
(4) the record submitted under subsection (b) of this section lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.