Upon the application of the appellee husband, Harold E. Riedy, the trial court reduced the amount of alimony he was obligated to pay under the terms of an Iowa decree of dissolution previously registered by the appellant wife, Fern E. Riedy, pursuant to the Uniform Enforcement of Foreign Judgments Act, Neb. Rev. Stat. §§ 25-1587 through 25-15,104 (Reissue 1979). We reverse and dismiss for lack of jurisdiction.
It is clear that money obligations accrued under a foreign alimony decree registered in this state pursuant to the
*311
provisions of the act may be enforced by the courts of this state.
Sullivan
v.
Sullivan,
The present case, however, does not seek to have the Nebraska courts enforce money obligations which have accrued under a foreign alimony decree but, rather, seeks to have the courts of this state modify money obligations which had not yet accrued under the decree as registered.
The question which must be answered, then, is whether the act contemplates the registration of such a decree with a view toward enforcing unaccrued money obligations.
Some courts have permitted enforcement of foreign judgments with respect to unaccrued money obligations.
Schroeder v. Schroeder,
An analysis of the act itself convinces us that it does not contemplate the enforcement of a foreign alimony decree with respect to unaccrued money obligations. But cf.
Johnson v. Johnson,
Section 25-1589 requires that the petition for registration “set forth a copy of the judgment to be registered, the date of its entry
and the record of any subsequent entries affecting
it....” (Emphasis supplied.) While it is true that a judgment debtor may, by appearing, adducing evidence, and failing to file a bill of exceptions, waive that requirement,
Snyder
v.
Nelson,
Section 25-1592 of the act provides that at any time after registration a levy may be made under the registered judgment. *312 Obviously, a levy cannot be made upon an unaccrued money obligation, for no judgment could yet have been entered upon it.
Section 25-1593 provides that if the judgment debtor over whom personal jurisdiction has been obtained fails to plead, or if, after hearing, the registering court fails to set the registration aside, the registered judgment shall become a final personal judgment of the registering court. Section 25-1598 provides a means for the registered judgment to become a final judgment quasi in rem of the registering court where personal service has not been obtained upon the judgment debtor and a levy has been made. Again, unaccrued money obligations cannot become final judgments.
It is clear to us, therefore, that the act provides a means of enforcing accrued judgments and does not permit the enforcement of unaccrued money obligations. Having no jurisdiction to enforce the unaccrued money obligations, the trial court had no jurisdiction to modify those obligations.
We recognize that in this instance the parties agreed that the district court could consider and adjudicate the matter. It is axiomatic, however, that the parties cannot confer subject matter jurisdiction upon a judicial tribunal by either acquiescence or consent.
Whitehouse Energy Savers v. Hanlon,
Since the trial court lacked jurisdiction, this court also lacks jurisdiction.
Moell v. Mennonite Deaconess Home & Hosp.,
The judgment of the district court is reversed and the cause dismissed.
Reversed and dismissed.
