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Child Support Enforcement - Sarpy County Nebraska

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parent-employee, or to enjoin the employer from continuing such actions, must be commenced<br />

within ninety days after the employer's act or failure to act upon which such proceeding is based.<br />

Source: Laws 1974, LB 1015, § 17<br />

§ 42-734.01 Employer’s compliance with income withholding order of another state.<br />

(a) Upon receipt of an income withholding order, the obligor’s employer shall immediately<br />

provide a copy of the order to the obligor.<br />

(b) The employer shall treat an income withholding order issued in another state which appears<br />

regular on its face as if it had been issued by a tribunal of this state.<br />

(c) Except as otherwise provided in subsection (d) of this section and section 42-734.02, the<br />

employer shall withhold and distribute the funds as directed in the withholding order by<br />

complying with the terms of the order which specify:<br />

(1) the duration and amount of periodic payments of current child support, stated as a sum<br />

certain;<br />

(2) the person designated to receive payments and the address to which the payments are to be<br />

forwarded;<br />

(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or<br />

ordering the obligor to provide health insurance coverage for the child under a policy available<br />

through the obligor’s employment;<br />

(4) the amount of periodic payments of fees and costs for a support enforcement agency, the<br />

issuing tribunal, and the obligee’s attorney, stated as sums certain; and<br />

(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums<br />

certain.<br />

(d) An employer shall comply with the law of the state of the obligor’s principal place of<br />

employment for withholding from income with respect to:<br />

(1) the employer’s fee for processing an income withholding order;<br />

(2) the maximum amount permitted to be withheld from the obligor’s<br />

income; and<br />

(3) the times within which the employer shall implement the withholding<br />

order and forward the child support payment.<br />

Source: Laws 1997, LB 727, § 11; Laws 2003, LB 148, § 72.<br />

42-734.03 Immunity from civil liability.<br />

An employer who complies with an income withholding order issued in another state in<br />

accordance with sections 42-734 to 42-735 is not subject to civil liability to any individual or<br />

agency with regard to the employer’s withholding of child support from the obligor’s income.<br />

Source: Laws 1997, LB 727, § 13.<br />

§43-1702. Purpose of act.<br />

It is the intent of the Legislature to encourage the use of all proven techniques for the collection<br />

of child, spousal, and medical support and monetary judgments. While income withholding is the<br />

preferred technique, other techniques such as liens on property and contempt proceedings should<br />

be used when appropriate. The purpose of the Income Withholding for <strong>Child</strong> <strong>Support</strong> Act is to<br />

provide a simplified and relatively automatic procedure for implementing income withholding in<br />

order to guarantee that child, spousal, and medical support obligations and monetary judgments<br />

are met when income is available for that purpose, to encourage voluntary withholding by<br />

obligors, and to facilitate the implementation of income withholding based on foreign support<br />

orders. Source: Laws 1985, Second Spec. Sess., LB 7, § 22; Laws 1991, LB 457, § 18; Laws 2010,<br />

LB712, § 28<br />

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