Child Support Enforcement - Sarpy County Nebraska

More documents

Recommendations

Info

$F:\Kevin\2007 Case Lists\Currently on web page\District Judges ...$



$\\orion\ChildSupport\Kevin\2007 Case Lists\Currently on web page ...$

§43-1725. Employer or other payor; prohibited actions; penalty. An employer or other payor shall not use an income withholding notice or order or the possibility of income withholding as a basis for (1) discrimination in hiring, (2) demotion of an employee or payee, (3) disciplinary action against an employee or payee, or (4) termination of an employee or payee. …..Upon application by the county attorney or authorized attorney and after a hearing on the matter, the court may impose a civil fine of up to five hundred dollars for each violation of this section. An employer or other payor who violates this section may be required to make full restitution to the aggrieved employee or payee, including reinstatement and backpay. Source: Laws 1985, Second Spec. Sess., LB 7, § 45; Laws 1991, LB 457, § 34; Laws 1993, LB 523, §19. §43-1726 Notice to withhold income; termination; exception; procedure. When an obligor ceases employment with or is no longer entitled to income from an employer or other payor, the notice to withhold income shall not cease to operate against the obligor and income withholding shall continue to apply to any subsequent employment or income of the obligor. The notice to withhold income shall terminate with respect to the employer or other payor without any court action or action by the county attorney, the authorized attorney, or the department thirty days after the obligor ceases employment with or is no longer entitled to income from such employer or other payor, except that a notice to withhold income shall not terminate with respect to unemployment compensation benefits being withheld by the Commissioner of Labor pursuant to section 48-647. The employer or other payor shall return a copy of the notice to withhold income to the county attorney, the authorized attorney, or the department, indicate that the employment or obligation to pay income has ceased, and cooperate in providing any known forwarding information. The county attorney, the authorized attorney, or the department shall notify the clerk of the appropriate district court that such employment or obligation to pay income has ceased. A notice to withhold income shall also terminate when the child, spousal, or medical support obligation terminates, all past-due support has been paid, and any monetary judgments have been paid, in which case the county attorney, the authorized attorney, or the department shall notify the employer or other payor to cease withholding income. Source: Laws 1985, Second Spec. Sess., LB 7, § 46; Laws 1986, LB 600, § 6; Laws 1991, LB 457, § 35; Laws 1993, LB 523, § 20; Laws 1996, LB 1155, § 15; Laws 2010, LB712, § 37. Operative Date: July 15, 2010 §43-1727. Income withholding notice; modification or revocation; notice. 1) An income withholding notice may be modified or revoked by a court of competent jurisdiction or by the county attorney, the authorized attorney, or the department as a result of a review conducted pursuant to sections 43-512.12 to 43-512.18. An income withholding notice may also be modified or revoked by a court of competent jurisdiction, for other good cause shown, after notice and a hearing on the issue. An income withholding notice may also be modified or revoked by the county attorney, the authorized attorney, or the department as provided in subsection (2) of this section or for other good cause. Payment by the obligor of overdue support or any monetary judgment, other than through income withholding, after receipt of notice of income withholding shall not by itself constitute good cause for modifying or revoking an income withholding notice. (2) When income withholding has been implemented and, as a result, a support delinquency has been eliminated, the Title IV-D Division or its designee shall notify the county attorney, the authorized attorney, or the department. Upon receipt of such notification, the county attorney, the authorized attorney, or the department shall modify the income withholding notice to require - 102 -
income withholding for current support and any monetary judgments and shall notify the employer or other payor of the change in the same manner as provided in section 43-1723. Source: Laws 1985, Second Spec. Sess., LB 7, § 47; Laws 1991, LB 457, § 36; Laws 1991, LB 715, § 24; Laws 1996, LB 1155, § 16; Laws 2000, LB 972, § 25; Laws 2010, LB712, § 38. Operative Date: July 15, 2010 §42-734. Employer’s receipt of income withholding order of another state. An income withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the person defined as the obligor’s employer under the Income Withholding for Child Support Act or sections 42-347 to 42-381 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Source: Laws 1993, LB 500, § 34; Laws 1997, LB 727, § 10; Laws 2003, LB 148, § 71. §42-734.01. Employer’s compliance with income withholding order of another state. (a) Upon receipt of an income withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. (c) Except as otherwise provided in subsection (d) of this section and section 42-734.02, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) the duration and amount of periodic payments of current child support, stated as a sum certain; … …. (d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to: (1) the employer’s fee for processing an income withholding order; (2) the maximum amount permitted to be withheld from the obligor’s income; and (3) the times within which the employer shall implement the withholding order and forward the child support payment. Source: Laws 1997, LB 727, § 11; Laws 2003, LB 148, § 72 §42-734.02. Compliance with two or more income withholding orders. If an obligor’s employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor’s principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees. Source: Laws 1997, LB 727, § 12; Laws 2003, LB 148, § 73. §48-149. Compensation payments; nonassignable; not subject to attachment; exceptions. No proceeds or interest thereon from payments or lump-sum settlements under the Nebraska Workers’ Compensation Act or law of another state which provides compensation and benefits for employees sustaining job-related injuries shall be assignable, subject to attachment or garnishment, or held liable in any way for any debts, except (1) as provided in section 48-108 and (2) payments under the act or any law of another state which provides compensation and benefits for employees sustaining job-related injuries shall be subject to income withholding… Source: Laws 1913, c. 198, § 50, p. 600; R.S.1913, § 3691; C.S.1922, § 3073; C.S.1929, § 48-150; R.S.1943, § 48-149; Laws 1986, LB 811, § 76; Laws 1993, LB 523, § 24; Laws 1993, LB 118, § 2; Laws 1997, LB 752, § 124. - 103 -
Page 1 and 2:
Have a Wonderful Summer! Child Supp
Page 3 and 4:
Table of Contents:* * (accessible v
Page 5 and 6:
Table of Contents (continued): Mult
Page 7 and 8:
A Note for Legal Practitioners: Mem
Page 9 and 10:
Overview/ IV-D Attorney Duty Gangwi
Page 11 and 12:
Neb. Rev. Stat. § 7-105(2) (Reissu
Page 13 and 14:
See Lehr v. Robertson, 463 U.S. 248
Page 15 and 16:
their attorney of record and, excep
Page 17 and 18:
State ex rel. Lemon v. Gale, 272 Ne
Page 19 and 20:
disobedience as an essential elemen
Page 21 and 22:
student loan that the noncustodial
Page 23 and 24:
having jurisdiction to compel the s
Page 25 and 26:
Drew on Behalf of Reed v. Reed, 16
Page 27 and 28:
income, is to be considered in dete
Page 29 and 30:
§ 48-802 - Statutes, General Rules
Page 31 and 32:
from arriving on the scene, either
Page 33 and 34:
In equity cases trial judges should
Page 35 and 36:
Similarly, a party who does more th
Page 37 and 38:
Common Law Marriages States that au
Page 39 and 40:
Constitutional Issues/ Statutory In
Page 41 and 42:
Little v. Streater, 452 U.S. 1, 101
Page 43 and 44:
In re Interest of Thomas M., 282 Ne
Page 45 and 46:
See Smeal Fire Apparatus Co. v. Kre
Page 47 and 48:
Because a conditional commitment is
Page 49 and 50:
obligation when he currently has an
Page 51 and 52:
An order modifying child custody wh
Page 53 and 54:
Haynes v. Haynes, 205 Neb. 35, 286
Page 55 and 56:
Stuhr v. Stuhr, 240 Neb. 239, 481 N
Page 57 and 58: By failing to take the genetic test
Page 59 and 60: State on behalf of L.L.B. v. Hill,
Page 61 and 62: Due Process Conn v. Conn, 13 Neb. A
Page 63 and 64: or court order of emancipation or a
Page 65 and 66: Henderson v. Henderson, 264 Neb. 91
Page 67 and 68: they have income. There is no floor
Page 69 and 70: Lainson v. Lainson, 219 Neb. 170, 3
Page 71 and 72: Millatmal v. Millatmal, 272 Neb. 45
Page 73 and 74: 24A Am. Jur. 2d Divorce and Separat
Page 75 and 76: [T]he fact that [the custodial pare
Page 77 and 78: The same principles that apply with
Page 79 and 80: “[C]oncerns regarding the stigma
Page 81 and 82: (a) The interpretation of the suppo
Page 83 and 84: make the appointment. In other case
Page 85 and 86: Guidelines Issues (Including suffic
Page 87 and 88: Note: In July 2008 the Federal Chil
Page 89 and 90: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 91 and 92: Morrill County v. Darsaklis, 7 Neb.
Page 93 and 94: Any deviation from the guidelines m
Page 95 and 96: to also pay reimbursement for reaso
Page 97 and 98: or law of another state substantial
Page 99 and 100: §43-1711 Income, defined. Income s
Page 101 and 102: Simpson v. Simpson, 275 Neb. 152, 7
Page 103 and 104: §42-364.09. Child support; withhol
Page 105 and 106: §43-1709. Employer or other payor,
Page 107: (6) That the employer or other payo
Page 111 and 112: Title IV-D Division of the Departme
Page 113 and 114: Held: The state was acting beyond i
Page 115 and 116: (3) Any juvenile…whose parent, gu
Page 117 and 118: proceeding or a new action. Since t
Page 119 and 120: State, Dept. of Social Services v.
Page 121 and 122: amount equal to the support due and
Page 123 and 124: Source: Laws 1975, LB 212, § 8; La
Page 125 and 126: The second is used in aid of an exe
Page 127 and 128: Halsted v. Halsted, 169 Neb. 325, 9
Page 129 and 130: Neb. Ct. R. § 4-217 Modification.
Page 131 and 132: she had sufficient resources to pro
Page 133 and 134: If applicable, earning capacity may
Page 135 and 136: Gress v. Gress, 274 Neb. 686, 743 N
Page 137 and 138: A district court may modify a regis
Page 139 and 140: Peter v. Peter, 262 Neb. 1017, 637
Page 141 and 142: See also: Wilkins v. Wilkins, 269 N
Page 143 and 144: Under certain circumstances, an ame
Page 145 and 146: A party seeking to modify a dissolu
Page 147 and 148: (2)The department, through its agen
Page 149 and 150: § 43-1408.01 Notarized acknowledgm
Page 151 and 152: §43-1414. Genetic testing; procedu
Page 153 and 154: Carlson v. Bartels, 143 Neb. 680, 1
Page 155 and 156: as to the paternity of the minor ch
Page 157 and 158: Jones v. Paulson, 261 Neb. 327, 622
Page 159 and 160:
in loco parentis to the child. See,
Page 161 and 162:
(b) If the court orders income with
Page 163 and 164:
enforcement, for example, we are fo
Page 165 and 166:
ights of visitation. Later mother c
Page 167 and 168:
Matchett v. Dunkle, 244 Neb. 639, 5
Page 169 and 170:
Connecticut, the District of Columb
Page 171 and 172:
In order to stand in loco parentis,
Page 173 and 174:
Of particular interest is the requi
Page 175 and 176:
Social Security (Also see Equity, E
Page 177 and 178:
Calculate support this way: 1. Mom
Page 179 and 180:
Spousal support, when used in the c
Page 181 and 182:
punishment for sexual assault in th
Page 183 and 184:
Hall v. Hall, 238 Neb. 686, 472 N.W
Page 185 and 186:
interests of a child are served by
Page 187 and 188:
§42-722. Private counsel. An indiv
Page 189 and 190:
the following three conditions are
Page 191 and 192:
Source: Laws 1993, LB 500, § 43 §
Page 193 and 194:
Despite a basic difference in the n
Page 195 and 196:
Conrad v. Conrad, 208 Neb. 588, 304
Page 197 and 198:
Mace v. Mace, 13 Neb. App. 896, 703
Page 199 and 200:
In re Interest of Chance J., 279 Ne
Page 201 and 202:
per hour, two hour minimum. C. (1)
Page 203 and 204:
(3) If, regardless of whether payme
Page 205 and 206:
Rule 21 adopted April 16, 2008. Ren
Page 207 and 208:
Nebraska Information System (NIS):
Page 209 and 210:
web site: www.usmc-mccs.org/contact
Page 211 and 212:
FIPS FPLS IRG IV-D JUSTICE MSFIDM N
show all

Child Support Enforcement - Sarpy County Nebraska

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?