Nebraska Statutes 43-1742. Foreign support order; applicability of law
(1) Except as provided in subsections (2) and (3) of this section, the local law of this state shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of income withholding orders issued by a court of this state based upon a foreign support order entered pursuant to section 43-1729.
Terms Used In Nebraska Statutes 43-1742
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
- Foreign support order: shall mean a support order issued by a court or agency of another jurisdiction. See Nebraska Statutes 43-1710
- Income: shall mean (1) compensation paid, payable, due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and dividends, and (2) any other income from whatever source derived. See Nebraska Statutes 43-1711
- Income withholding: shall mean retention of an employee's or payee's income pursuant to sections Nebraska Statutes 43-1712
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Support: shall mean the providing of necessary shelter, food, clothing, care, medical support, medical attention, education expenses, funeral expenses, or any other reasonable and necessary expense. See Nebraska Statutes 43-1716
(2) The local law of the jurisdiction which issued the foreign support order shall govern the following:
(a) The interpretation of the support order including amount of support, form of payment, and duration of support;
(b) The amount of support arrearages necessary to require the issuance of an income withholding order or notice; and
(c) The definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including, but not limited to, interest, attorney‘s fees, court costs, and costs of paternity testing.
(3) The court shall apply the statute of limitations for maintaining an action on arrearages of support payments of either the local law of this state or of the state which issued the foreign support order, whichever provides the longer period of time.