Child Support Enforcement - Sarpy County Nebraska

she had sufficient resources to provide such support; or (iii) the incarceration is a result of a
conviction for a crime in which the child who is the subject of the child support order was
victimized; or
(c) When the amount of the order is considered with all the other undisputed facts in the case, no
variation from the criteria set forth in subdivisions (1)(a) and (b) of section 43-512.12 exists.
(2) The department, a county attorney, or an authorized attorney shall not in any case be
responsible for reviewing or filing an application to modify child support for individuals
incarcerated as described in subdivision (1)(b) of this section.
(3) The proceedings to modify a child support order shall comply with section 42-364, and the
county attorney or authorized attorney shall represent the state in the proceedings.
(4) After a complaint to modify a child support order is filed, any party may choose to be
represented personally by private counsel. Any party who retains private counsel shall so notify
the county attorney or authorized attorney in writing.
Source: Laws 2010, LB712, § 26
Practice Note: §42-358 (3) indicates that where the child support payment history shows that
the obligated parent is in arrears, a prima facie case of contempt is made. Arguendo that
should be all that is needed to shift the burden to the incarcerated parent to disprove that he or
she was acting willfully or neglectfully with regard to their child support obligation at the time
they walked (shackled) into prison. (Hat tip to Tyler Jacobsen in the Lancaster Co. Attorney’s
office) See the Incarceration section of this outline for an update on changing case law in this
area.
§43-512.16 Title IV-D child support order; review of health care coverage provisions.
The county attorney or authorized attorney shall review the health care coverage provisions
contained in any child support order which is subject to review under section 43-512.12 and shall
include in any application for modification a request that the court order health care coverage or
cash medical support as provided in subsection (2) of section 42-369.
Source: Laws 1991, LB 715, § 17; Laws 2009, LB288, § 12. Operative Date: September 30, 2009
§43-512.18. Title IV-D child support order; communication technology; use authorized. A
court may use any available technology that would allow the parties to communicate with each
other to conduct a hearing or any proceeding required pursuant to sections 43-512.12 to 43-
512.17. Source: Laws 1991, LB 715, § 19.
REV. OCTOBER 28, 2008 NEBRASKA DEPARTMENT OF CHILD SUPPORT
MANUAL LETTER # 83-2008 HEALTH AND HUMAN SERVICES 466 NAC 8-000
Nebraska Administrative Code/Child Support >
http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/Health_and_Human_Services_System/Title-466/Chapter-08.pdf
Note: this is pending modification to bring it in alignment with state law. As of August 2011 this has
not occurred.
8-002 Criteria for a Review:
All Nebraska IV-D court orders or foreign orders registered under UIFSA or RURESA in Nebraska
are eligible for a review for possible modification of the child support amount and inclusion of health
insurance if the following criteria are met:
1. The order is for current support;
2. The order is an active Nebraska order;
3. The order is not a tribal order;
4. The order is not an order registered for income withholding only;
5. At least one party resides in Nebraska;
6. Nebraska maintains continuing exclusive jurisdiction under UIFSA or is the proper state to
acquire continuing exclusive jurisdiction under UIFSA for the support order;
7. The non-custodial party is not institutionalized or incarcerated;
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