(1) The county attorney or authorized attorney shall:
(a) On request by the Department of Health and Human Services
as described in subsection (2) of this section or when the investigation or
application filed under section 43-512 or 43-512.02 justifies, file a complaint
against a nonsupporting party in
the district, county, or separate juvenile court praying for an order for
child or medical support in cases when there is no existing child or medical
support order. After notice and hearing, the court shall adjudicate the child and medical support
liability of either
party and enter an order accordingly;
(b) Enforce child, spousal, and medical support orders by
an action for income withholding pursuant to the Income Withholding for Child
Support 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 support
on 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 individuals
receiving enforcement services and make referrals to the county attorney or
authorized attorney.
(3) In any action brought by or intervened in by a county
attorney or authorized attorney under the Income Withholding for Child Support
Act, 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, 43-1401
to 43-1418, and 43-3328 to 43-3339, such attorneys shall represent the State
of Nebraska.
(4) The State of Nebraska shall be a real party in interest
in any action brought by or intervened in by a county attorney or authorized
attorney for the purpose of establishing paternity or securing, modifying,
suspending, or terminating child or medical support or in any action brought
by or intervened in by a county attorney or authorized attorney to enforce
an order for child, spousal, or medical support.
(5) Nothing in this section shall be construed to interpret
representation by a county attorney or an authorized attorney as creating
an attorney-client relationship between the county attorney or authorized
attorney and any party or witness to the action, other than the State of Nebraska,
regardless of the name in which the action is brought.
Notes of Decisions
State Ex Rel. Gaddis v. Gaddis, 465 N.W.2d 773 (Neb. 1991).
· cites it 12× “” BASIS FOR ACTION Neb. Rev. Stat. § 43-512.03 (Reissue 1988) provides in part: The county attorney or authorized attorney shall: (1) On request by the Department of Social Services or when the investigation or application filed under section 43-512 or 43-512.”
State on Behalf of Hopkins v. Batt, 573 N.W.2d 425 (Neb. 1998).
· cites it 4× “The remedy specified in § 43-512.03 is a means by which the State, as the real party in interest, may recover amounts which it has paid or is obligated to pay on behalf of a dependent child.”
Bergan Mercy Health Sys. v. Haven, 620 N.W.2d 339 (Neb. 2000).
· cites it 4× “(2) All proceeds and benefits, including interest earned thereon, which are paid for personal injuries may be garnished by a county attorney or authorized attorney pursuant to section 43-512.03 or garnished for child support as defined in section 43-1705 by an obligee as defined…”
State Ex Rel. Cammarata v. Chambers, 574 N.W.2d 530 (Neb. Ct. App. 1998).
· cites it 10× “The State brought this action pursuant to Neb. Rev. Stat. § 43-512.03 et seq. (Reissue 1993, Cum.”
Gress v. Gress, 596 N.W.2d 8 (Neb. 1999).
· cites it 2× “See Neb. Rev. Stat. § 43-512.03 (Cum. Supp. 1996).”
State Ex Rel. Z. P. v. Porter, 610 N.W.2d 23 (Neb. 2000).
· cites it 2× “This is a paternity action commenced by the State of Nebraska pursuant to Neb. Rev. Stat. § 43-512.03 (Reissue 1998).”
State on Behalf of JR v. Mendoza, 481 N.W.2d 165 (Neb. 1992).
· cites it 2× “NATURE OF THE CASE This is a paternity suit commenced by the Lancaster County Attorney, pursuant to Neb. Rev. Stat. § 43-512.03 (Reissue 1984).”
Kropf v. Kropf, 538 N.W.2d 496 (Neb. 1995).
· cites it 2× “§ 42-358 (Reissue 1993) states that if a county attorney consents, the county attorney may be appointed for the purpose of commencing contempt of court proceedings against those who fail to pay spousal support, and Neb. Rev. Stat. § 43-512.03 (l)(c) (Reissue 1993) states that a…”
In Interest of Tamika S., 529 N.W.2d 147 (Neb. Ct. App. 1995).
· cites it 2× “Pursuant to Neb. Rev. Stat. § 43-512.03 (Reissue 1993), Child Support Services filed a motion on May 24, 1994, requesting that appellant be ordered to pay a reasonable amount of child support.”
State on behalf of Elijah K. v. Marceline K., 28 Neb. Ct. App. 772 (Neb. Ct. App. 2020).
· cites it 21× “The remedy specified in Neb. Rev. Stat. § 43-512.03 (Reissue 2016) is a means by which the State, as the real party in interest, may recover amounts which it has paid or is obligated to pay on behalf of a dependent child.”
State on Behalf of Garcia v. Garcia, 471 N.W.2d 388 (Neb. 1991).
· cites it 2× “Neb. Rev. Stat. § 43-512.03 (Reissue 1988) makes more explicit the duties of the county attorney in obtaining and enforcing orders for child support, including establishing paternity and obtaining support for children born out of wedlock, enforcing child support orders through…”
State v. Wiegand, 512 N.W.2d 419 (Neb. Ct. App. 1994).
· cites it 5× “” The petition states that the action is brought by a special deputy county attorney under Neb. Rev. Stat. §§ 43-512.03 (l)(d) (Cum.”
— Neb. Rev. Stat. § 43-512.03(1) — 3 cases
State Ex Rel. Gaddis v. Gaddis, 465 N.W.2d 773 (Neb. 1991).
“” BASIS FOR ACTION Neb. Rev. Stat. § 43-512.03 (Reissue 1988) provides in part: The county attorney or authorized attorney shall: (1) On request by the Department of Social Services or when the investigation or application filed under section 43-512 or 43-512.”
State on behalf of Elijah K. v. Marceline K., 28 Neb. Ct. App. 772 (Neb. Ct. App. 2020).
“The remedy specified in Neb. Rev. Stat. § 43-512.03 (Reissue 2016) is a means by which the State, as the real party in interest, may recover amounts which it has paid or is obligated to pay on behalf of a dependent child.”
— Neb. Rev. Stat. § 43-512.03(1)(a) — 5 cases
— Neb. Rev. Stat. § 43-512.03(1)(c) — 4 cases
— Neb. Rev. Stat. § 43-512.03(1)(d) — 1 case
State on behalf of Elijah K. v. Marceline K., 28 Neb. Ct. App. 772 (Neb. Ct. App. 2020).
“The remedy specified in Neb. Rev. Stat. § 43-512.03 (Reissue 2016) is a means by which the State, as the real party in interest, may recover amounts which it has paid or is obligated to pay on behalf of a dependent child.”
— Neb. Rev. Stat. § 43-512.03(4) — 1 case
— Neb. Rev. Stat. § 43-512.03(c) — 1 case
State on Behalf of Hopkins v. Batt, 573 N.W.2d 425 (Neb. 1998).
“The remedy specified in § 43-512.03 is a means by which the State, as the real party in interest, may recover amounts which it has paid or is obligated to pay on behalf of a dependent child.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.