Child Support Enforcement - Sarpy County Nebraska

42-734.03 Immunity from civil liability.
An employer who complies with an income withholding order issued in another state in
accordance with sections 42-734 to 42-735 is not subject to civil liability to any individual or
agency with regard to the employer’s withholding of child support from the obligor’s income.
Source: Laws 1997, LB 727, § 13.
§43-1702. Purpose of act.
It is the intent of the Legislature to encourage the use of all proven techniques for the collection
of child, spousal, and medical support and monetary judgments. While income withholding is the
preferred technique, other techniques such as liens on property and contempt proceedings should
be used when appropriate. The purpose of the Income Withholding for Child Support Act is to
provide a simplified and relatively automatic procedure for implementing income withholding in
order to guarantee that child, spousal, and medical support obligations and monetary judgments
are met when income is available for that purpose, to encourage voluntary withholding by
obligors, and to facilitate the implementation of income withholding based on foreign support
orders. Source: Laws 1985, Second Spec. Sess., LB 7, § 22; Laws 1991, LB 457, § 18; Laws 2010,
LB712, § 28
§43-1709. Employer or other payor, defined.
Employer or other payor shall mean any person, partnership, limited liability company, firm,
corporation, association, political subdivision, or department or agency of the state or federal
government in possession of income and shall include an obligor if he or she is self-employed.
Source: Laws 1985, Second Spec. Sess., LB 7, §29; Laws 1991, LB 457, §22; Laws 1993, LB 121, §217.
§43-1711. Income, defined.
Income shall mean (1) compensation paid, payable, due, or to be due for personal services,
whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and
shall include any periodic payments pursuant to a pension or a retirement program and
dividends, and (2) any other income from whatever source derived.
Source: Laws 1985, Second Spec. Sess., LB 7, § 31; Laws 1993, LB 523, § 13.
Spousal support is subject to enforcement on an equal basis as child support…
§43-1715. Spousal support, defined.
Spousal support shall mean alimony or maintenance support for a spouse or former spouse if the
provision for support is a part of an order, decree, or judgment which provides for child support
and the child and spouse or former spouse are living in the same household.
Source: Laws 1985, Second Spec. Sess., LB 7, § 35.
Since the early 1990s mandatory income withholding has pretty much been the
standard for all support orders. It is NOT required by law, however. See below:
§ 43-1718. Support order; operate as assignment of income; effect; duties.
. . . The Title IV-D Division of the Department of Health and Human Services or its designee
shall be responsible for administering income withholding. In administering income withholding,
the Title IV-D Division or its designee shall keep accurate records to document, track, and
monitor support payments.
Source: Laws 1985, Second Spec. Sess., LB 7, § 38; Laws 1991, LB 457, § 26; Laws 1994, LB 1224, §
66; Laws 1997, LB 18, § 3; Laws 2000, LB 972, § 22.
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