(a) If section 42-747.01 does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:
(1) the following requirements are met:
(A) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(B) a petitioner who is a nonresident of this state seeks modification; and
(C) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2) this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state shall not modify any aspect of a child support order that cannot be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and the same child, the order that controls and must be so recognized under section 42-711 establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) of this section and subsection (b) of section 42-705, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.
Notes of Decisions
Cited in
6
cases, 1999–2017 · leading case:
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
· cites it 16× “) Finally, § 42-746 (Reissue 1998) provides: (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 42-747.”
Hamilton v. Foster, 620 N.W.2d 103 (Neb. 2000).
· cites it 8× “Sections 42-746 and 42-747.01 provide for modification of a child support order issued in another state.”
Heistand v. Heistand, 673 N.W.2d 541 (Neb. 2004).
· cites it 2× “The court declined to address Lori’s cross-petition for an increase in child support, finding that the issue was not properly before the court because the Missouri decree had not been registered in Nebraska as required by Neb. Rev. Stat. § 42-746 (Reissue 1998). Regarding…”
Wills v. Wills, 745 N.W.2d 924 (Neb. Ct. App. 2008).
· cites it 9× “The court determined that the requirements for a modification in Neb.Rev.Stat. § 42-746 (Reissue 2004) did not apply because Neb.”
Lamb v. Lamb, 707 N.W.2d 423 (Neb. Ct. App. 2005).
· cites it 6× “Section 42-746 provides in part that “upon petition[,] a tribunal of this state may modify a child support order issued in another state which is registered in this state, if after notice and hearing” the tribunal finds that (1) neither the child nor the individual obligee nor…”
Mohammed v. Rojas, 24 Neb. Ct. App. 810 (Neb. Ct. App. 2017).
“(Reissue 2016), “is subject to the same requirements, procedures, and defenses that apply to the modi- fication of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same man- ner,” § 42-746(b). I am unable to join the majority opinion…”
Neb. Rev. Stat. § 42-746(a): 1 case
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
“) Finally, § 42-746 (Reissue 1998) provides: (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 42-747.”
Neb. Rev. Stat. § 42-746(a)(1): 1 case
Lamb v. Lamb, 707 N.W.2d 423 (Neb. Ct. App. 2005).
“Section 42-746 provides in part that “upon petition[,] a tribunal of this state may modify a child support order issued in another state which is registered in this state, if after notice and hearing” the tribunal finds that (1) neither the child nor the individual obligee nor…”
Neb. Rev. Stat. § 42-746(a)(2): 2 cases
Hamilton v. Foster, 620 N.W.2d 103 (Neb. 2000).
“Sections 42-746 and 42-747.01 provide for modification of a child support order issued in another state.”
Lamb v. Lamb, 707 N.W.2d 423 (Neb. Ct. App. 2005).
“Section 42-746 provides in part that “upon petition[,] a tribunal of this state may modify a child support order issued in another state which is registered in this state, if after notice and hearing” the tribunal finds that (1) neither the child nor the individual obligee nor…”
Neb. Rev. Stat. § 42-746(a)(ii): 1 case
Hamilton v. Foster, 620 N.W.2d 103 (Neb. 2000).
“Sections 42-746 and 42-747.01 provide for modification of a child support order issued in another state.”
Neb. Rev. Stat. § 42-746(a)(l): 1 case
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
“) Finally, § 42-746 (Reissue 1998) provides: (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 42-747.”
Neb. Rev. Stat. § 42-746(b): 2 cases
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
“) Finally, § 42-746 (Reissue 1998) provides: (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 42-747.”
Mohammed v. Rojas, 24 Neb. Ct. App. 810 (Neb. Ct. App. 2017).
“(Reissue 2016), “is subject to the same requirements, procedures, and defenses that apply to the modi- fication of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same man- ner,” § 42-746(b). I am unable to join the majority opinion…”
Neb. Rev. Stat. § 42-746(c): 2 cases
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
“) Finally, § 42-746 (Reissue 1998) provides: (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 42-747.”
Wills v. Wills, 745 N.W.2d 924 (Neb. Ct. App. 2008).
“The court determined that the requirements for a modification in Neb.Rev.Stat. § 42-746 (Reissue 2004) did not apply because Neb.”
Neb. Rev. Stat. § 42-746(d): 2 cases
Wills v. Wills, 745 N.W.2d 924 (Neb. Ct. App. 2008).
“The court determined that the requirements for a modification in Neb.Rev.Stat. § 42-746 (Reissue 2004) did not apply because Neb.”
Groseth v. Groseth, 600 N.W.2d 159 (Neb. 1999).
“) Finally, § 42-746 (Reissue 1998) provides: (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if section 42-747.”
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