(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1) The individual is personally served with notice within this state;
(2) The individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal expenses or support for the child;
(5) The child resides in this state as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) The individual asserted parentage of a child in this state pursuant to section 43-104.02, 71-628, 71-640.01, or 71-640.02 with the Department of Health and Human Services; or
(8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of this state shall not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of section 42-746 are met or, in the case of a foreign support order, unless the requirements of section 42-747.03 are met.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1964–2024 · leading case:
Clark v. Clark, 918 N.W.2d 336 (Neb. Ct. App. 2018).
Clark v. Clark, 918 N.W.2d 336 (Neb. Ct. App. 2018).
· cites it 5× “*298 Section 42-705 provides, in relevant part: (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator…”
State ex rel. Brito v. Warrick, 125 N.W.2d 545 (Neb. 1964).
· cites it 8× “It also held that section 42-705, R. R. S. 1943, is unconstitutional, null, and void as a contravention of Article I, section 11, Constitution of Nebraska, insofar as it authorizes trial of an accused in a county other than that in which the offense charged is alleged to have…”
Clark v. Clark, 26 Neb. Ct. App. 289 (Neb. Ct. App. 2018).
· cites it 5× “289 Section 42-705 provides, in relevant part: (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a non- resident individual or the individual’s guardian or conser-…”
Gilbert v. Johnson, No. 4:22-cv-03248 (D. Neb. Feb. 9, 2024).
· cites it 2× “The mother of Gilbert's child sought not only paternity and custody, but parental support.”
Neb. Rev. Stat. § 42-705(a)(2): 2 cases
Clark v. Clark, 918 N.W.2d 336 (Neb. Ct. App. 2018).
“*298 Section 42-705 provides, in relevant part: (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator…”
Clark v. Clark, 26 Neb. Ct. App. 289 (Neb. Ct. App. 2018).
“289 Section 42-705 provides, in relevant part: (a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a non- resident individual or the individual’s guardian or conser-…”
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