Child Support Enforcement - Sarpy County Nebraska

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(1) Date of hire means the day an employee begins employment with an employer; (2) Department means the Department of Health and Human Services; (3) Employee means an independent contractor or a person who is compensated by or receives income from an employer or other payor, regardless of how such income is denominated; (Practice Tip: this definition now includes independent contractors) (4) Employer means any individual, partnership, limited liability company, firm, corporation, association, political subdivision, or department or agency of the state or federal government, labor organization, or any other entity with an employee; (5) Income means compensation paid, payable, due, or to be due for labor or personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise; (6) Payor includes a person, partnership, limited partnership, limited liability partnership, limited liability company, corporation, or other entity doing business or authorized to do business in the State of <strong>Nebraska</strong>, including a financial institution, or a department or an agency of state, county, or city government; and (7) Rehire means the first day an employee begins employment with the employer following a termination of employment with such employer. Termination of employment does not include temporary separations from employment, such as an unpaid medical leave, an unpaid leave of absence, a temporary layoff, or an absence for disability or maternity. Source: Laws 1997, LB 752, § 41; Laws 2009, LB288, § 16 Interest There is now a 30 day grace period on the imposition of interest for judgments of child support, alimony and medical support. See 42-358.02 (2) § 42-358.02. Delinquent child support payments, spousal support payments, and medical support payments; interest; rate; report; Title IV-D Division; duties. (1) All delinquent child support payments, spousal support payments, and medical support payments shall draw interest at the rate specified in section 45-103 in effect on the date of the most recent order or decree. Such interest shall be computed as simple interest. (2) All child support payments, spousal support payments, and medical support payments shall become delinquent the day after they are due and owing, except that no obligor whose support payments are automatically withheld from his or her paycheck shall be regarded or reported as being delinquent or in arrears if (a) any delinquency or arrearage is solely caused by a disparity between the schedule of the obligor's regular pay dates and the scheduled date the support payment is due, (b) the total amount of support payments to be withheld from the paychecks of the obligor and the amount ordered by the support order are the same on an annual basis, and (c) the automatic deductions for support payments are continuous and occurring. Interest shall not accrue until thirty days after such payments are delinquent. (3) The court shall order the determination of the amount of interest due, and such interest shall be payable in the same manner as the support payments upon which the interest accrues subject to subsection (2) of this section or unless it is waived by agreement of the parties. The Title IV-D Division of the Department of Health and Human Services shall compute interest and - 106 -
identify delinquencies pursuant to this section on the payments received by the State Disbursement Unit pursuant to section 42-369. The Title IV-D Division shall provide the case information in electronic format, and upon request in print format, to the judge presiding over domestic relations cases and to the county attorney or authorized attorney. (4) … §45-103 Interest; judgments; decrees; rate; exceptions. For decrees and judgments rendered before July 20, 2002, interest on decrees and judgments for the payment of money shall be fixed at a rate equal to one percentage point above the bond equivalent yield, as published by the Secretary of the Treasury of the United States, of the average accepted auction price for the last auction of fifty-two-week United States Treasury bills in effect on the date of entry of the judgment. For decrees and judgments rendered on and after July 20, 2002, interest on decrees and judgments for the payment of money shall be fixed at a rate equal to two percentage points above the bond investment yield, as published by the Secretary of the Treasury of the United States, of the average accepted auction price for the first auction of each annual quarter of the twenty-six-week United States Treasury bills in effect on the date of entry of the judgment. The State Court Administrator shall distribute notice of such rate and any changes to it to all <strong>Nebraska</strong> judges to be in effect two weeks after the date the auction price is published by the Secretary of the Treasury of the United States. This interest rate shall not apply to: (1) An action in which the interest rate is specifically provided by law; or (2) An action founded upon an oral or written contract in which the parties have agreed to a rate of interest other than that specified in this section. See: http://supremecourt.ne.gov/community/judgment-interest-rate.shtml for the present and past interest rates. [2.1370% as of October 18, 2012, valid until mid January 2013] Servicemembers Civil Relief Act of 2003 Section 207 (a) Notwithstanding the above, when the obligated parent is an active duty member of the US Military, the interest rate shall be capped by federal law at 6.000%. See below for rules and restrictions on this. §207 (a) INTEREST RATE LIMITATION- (1) LIMITATION TO 6 PERCENT- An obligation or liability bearing interest at a rate in excess of 6 percent per year that is incurred by a servicemember, or the servicemember and the servicemember’s spouse jointly, before the servicemember enters military service shall not bear interest at a rate in excess of 6 percent per year during the period of military service. (2) FORGIVENESS OF INTEREST IN EXCESS OF 6 PERCENT- Interest at a rate in excess of 6 percent per year that would otherwise be incurred but for the prohibition in paragraph (1) is forgiven (b) IMPLEMENTATION OF LIMITATION- (1) WRITTEN NOTICE TO CREDITOR- In order for an obligation or liability of a servicemember to be subject to the interest rate limitation in subsection (a), the servicemember shall provide to the creditor written notice and a copy of the military orders calling the servicemember to military service and any orders further extending military service, not later than 180 days after the date of the servicemember’s termination or release from military service. (2) LIMITATION EFFECTIVE AS OF DATE OF ORDER TO ACTIVE DUTY- Upon receipt of written notice and a copy of orders calling a servicemember to military service, the creditor shall treat the debt in accordance with subsection (a), effective as of the date on which the servicemember is called to military service. . . . - 107 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Modi
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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The only court order entered addres
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(3) The proceedings to obtain a rev
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Temporary orders in the district co
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[O]nly civil contempt orders issued
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By letter from Nebraska’s HHSS’
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which income withholding has been i
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Deterding v. Deterding, 18 Neb. App
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[P]ublic policy forbids enforcement
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§ 25-217 Action; commencement; def
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that the new order only became effe
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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A party seeking to modify a dissolu
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Inequity may result if the court ad
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protect himself when brought before
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
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If trial evidence establishes a joi
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constitutional dimensions of the re
Page 57 and 58:
Wilson v. Wilson, 224 Neb. 589, 399
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An individual may file a complaint
Page 61 and 62: which men felt defrauded by the chi
Page 63 and 64: of ability to pay, fair opportunity
Page 65 and 66: not deprive a parent of such custod
Page 67 and 68: Both parents have a duty to support
Page 69 and 70: amount over what you owe in taxes i
Page 71 and 72: Basing the child support on the spe
Page 73 and 74: emancipated by a court of competent
Page 75 and 76: Eliker v. Eliker, 206 Neb. 764, 295
Page 77 and 78: Henderson v. Henderson, 264 Neb. 91
Page 79 and 80: Redick v. Redick, 220 Neb. 86, 368
Page 81 and 82: Neither of the parties is authorize
Page 83 and 84: Guardianship of Minors § 30-2605 S
Page 85 and 86: in re Guardianship of Elizabeth H.,
Page 87 and 88: unless the court finds that one or
Page 89 and 90: court should take into consideratio
Page 91 and 92: In re Interest of Tamika S. et al.,
Page 93 and 94: Peter v. Peter, 262 Neb. 1017, 637
Page 95 and 96: Interpretation of the Nebraska Chil
Page 97 and 98: prepared QMCSO that requires a plan
Page 99 and 100: or she had sufficient resources to
Page 101 and 102: All veterans benefits, of whatever
Page 103 and 104: It is appropriate to consider overt
Page 105 and 106: Any order to withhold and transmit
Page 107 and 108: §43-1709. Employer or other payor,
Page 109 and 110: (6) That the employer or other payo
Page 111: income withholding for current supp
Page 115 and 116: support. Dad appealed, claiming CSE
Page 117 and 118: (3) Any juvenile…whose parent, gu
Page 119 and 120: Harvey v. Harvey, 6 Neb. App. 524,
Page 121 and 122: issued a transfer order, a certifie
Page 123 and 124: All proceedings under sections 42-3
Page 125 and 126: Association, the Counsel for Discip
Page 127 and 128: might be required for the filing or
Page 129 and 130: withholding notices in this case ar
Page 131 and 132: Medicaid Reimbursement/ Medical Sup
Page 133 and 134: expected to last for the applicable
Page 135 and 136: All Nebraska IV-D court orders or f
Page 137 and 138: subsequent award as the basis for d
Page 139 and 140: or a previous modification and was
Page 141 and 142: date of the last order establishing
Page 143 and 144: child’s diagnosis with disease wh
Page 145 and 146: Rather than seeking another job, ev
Page 147 and 148: Theisen v. Theisen, 14 Neb. App. 44
Page 149 and 150: Paternity & Related (see also Dises
Page 151 and 152: equity, and jurisdiction to hear an
Page 153 and 154: (1) An action for paternity or pare
Page 155 and 156: (b) the mother and the mother’s h
Page 157 and 158: properly raised in the case and the
Page 159 and 160: Whether a party has the right to in
Page 161 and 162: Note: In civil proceedings where pa
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(a) First, to the payments due for
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Nebraska has signed reciprocity agr
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support may be judicially halted wh
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Retro Support Bowers v. Lens, 264 N
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support order. He pays for his mino
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court should take into consideratio
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United Parcel Service (UPS): UPS Ne
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(d) STAY OF PROCEEDINGS- In an acti
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Disabled children under age 18 can
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Finney v. Finney, 273 Neb. 436, 730
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maintenance support for a spouse or
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Statute of Limitations Criminal Pro
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Components of a series or collectio
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elow a few appellate cases that add
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§ 42-716. Application of law of th
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(b) Modification of a registered ch
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the registration has the burden of
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confirming the order. [UIFSA] Secti
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any 90-day period, support payments
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Hicklin v. Hicklin, 244 Neb. 895, 5
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Gordon v. Gordon, 231 Neb. 857, 438
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Amended and expanded rules for use
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(1) Delinquent child or spousal sup
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(F) The name, birth date, gender, a
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www.supremecourt.ne.gov/rules/pdf/C
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FPLS External Locate Requests for I
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NCP NCSEA NCSEA OCSE Non custodial
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Child Support Enforcement - Sarpy County Nebraska

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