Child Support Enforcement - Sarpy County Nebraska

More documents

Recommendations

Info

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



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

48-2302 Terms, defined. For purposes of the New Hire Reporting Act: (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 - 104 -
Title IV-D Division of the Department of Health and Human Services shall compute interest and 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. [2.056% as of January 19, 2012, valid until mid April 2012] 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. . . . - 105 -
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 and 108: (6) That the employer or other payo
Page 109: income withholding for current supp
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?