Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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§43-1709. Employer or other payor, defined.<br />
Employer or other payor shall mean any person, partnership, limited liability company, firm,<br />
corporation, association, political subdivision, or department or agency of the state or federal<br />
government in possession of income and shall include an obligor if he or she is self-employed.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, §29; Laws 1991, LB 457, §22; Laws 1993, LB 121, §217.<br />
§43-1711. Income, defined.<br />
Income shall mean (1) compensation paid, payable, due, or to be due for personal services,<br />
whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and<br />
shall include any periodic payments pursuant to a pension or a retirement program and<br />
dividends, and (2) any other income from whatever source derived.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 31; Laws 1993, LB 523, § 13.<br />
Spousal support is subject to enforcement on an equal basis as child support…<br />
§43-1715. Spousal support, defined.<br />
Spousal support shall mean alimony or maintenance support for a spouse or former spouse if the<br />
provision for support is a part of an order, decree, or judgment which provides for child support<br />
and the child and spouse or former spouse are living in the same household.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 35.<br />
Since the early 1990s mandatory income withholding has pretty much been the<br />
standard for all support orders. It is NOT required by law, however. See below:<br />
§ 43-1718. <strong>Support</strong> order; operate as assignment of income; effect; duties.<br />
. . . The Title IV-D Division of the Department of Health and Human Services or its designee<br />
shall be responsible for administering income withholding. In administering income withholding,<br />
the Title IV-D Division or its designee shall keep accurate records to document, track, and<br />
monitor support payments.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 38; Laws 1991, LB 457, § 26; Laws 1994, LB 1224, §<br />
66; Laws 1997, LB 18, § 3; Laws 2000, LB 972, § 22.<br />
§43-1718.01. Obligor; subject to income withholding; when; notice.<br />
(1) In any case in which services are provided under Title IV-D of the federal Social Security<br />
Act, as amended, and a support order has been issued or modified on or after September 6, 1991,<br />
the obligor’s income shall be subject to income withholding regardless of whether or not<br />
payments pursuant to such order are in arrears, and the court shall require such income<br />
withholding in its order unless:<br />
(a) One of the parties demonstrates and the court finds that there is good cause not to require<br />
immediate income withholding; or<br />
(b) A written agreement between the parties, including the state if there is an assignment of<br />
support pursuant to section 43-512.07, providing an alternative arrangement is incorporated into<br />
the support order.<br />
(2) In any case in which services are provided under Title IV-D of the federal Social<br />
Security Act, as amended, the income of an obligor not subject to withholding pursuant to<br />
subsection (1) of this section shall become subject to income withholding:<br />
….. (a) On the date on which the payments are delinquent in an amount equal to the support due<br />
and payable for a one-month period of time; or<br />
(b) Regardless of whether payments are in arrears, on the earliest of (i) the date as of which the<br />
obligor requests that income withholding begin, (ii) the date as of which the obligee requests that<br />
income withholding begin if the department determines that such request should be approved, or<br />
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