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Child Support Enforcement - Sarpy County Nebraska

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§ 43-3319 License holder; motion or application to modify support order; effect.<br />

If the license holder files a motion or application to modify a support order, the department,<br />

county attorney, or authorized attorney, upon notification by the license holder, shall stay the<br />

action to certify the license holder under section 43-3318 until disposition of the motion or<br />

application by the court or agency of competent jurisdiction. If the license holder requests review<br />

of the support order under section 43-512.12, the department shall stay the action to certify the<br />

license holder pending final disposition of the review and modification process.<br />

Source: Laws 1997, LB 752, § 19; Laws 2007, LB296, § 157. Operative July 1, 2007<br />

§ 43-3320 License holder; written confirmation of compliance.<br />

(1) When a license holder comes into compliance with the support order as provided in section<br />

43-3314, the department, county attorney, or authorized attorney shall provide the license holder<br />

with written confirmation that the license holder is in compliance.<br />

…<br />

Source: Laws 1997, LB 752, § 20; Laws 2007, LB296, § 158.<br />

Liens, Garnishment & Related<br />

§ 42-358.06. Delinquent permanent child or spousal support payments; lien.<br />

A lien upon the property of one who is delinquent in permanent child or spousal support<br />

payments may be instituted and enforced according to the terms of section 42-371.<br />

Source: Laws 1975, LB 212, § 8; Laws 1985, Second Spec. Sess., LB 7, § 13.<br />

§ 42-371 *<br />

(1) All judgments and orders for payment of money shall be liens, as in other actions, upon<br />

real property and any personal property registered with any county office and may be enforced or<br />

collected by execution and the means authorized for collection of money judgments;<br />

(2)(a) The judgment creditor may execute a partial or total release of the judgment or a<br />

document subordinating the lien of the judgment to any other lien, generally or on specific real<br />

or personal property.<br />

(b) Release of a judgment for child support or spousal support or subordination of a lien of<br />

a judgment for child support or spousal support may, if all such payments are current, be released<br />

or subordinated by a release or subordination document executed by the judgment creditor, and<br />

such document shall be sufficient to remove or subordinate the lien. A properly executed,<br />

notarized release or subordination document explicitly reciting that all child support payments or<br />

spousal support payments are current is prima facie evidence that such payments are in fact<br />

current.<br />

(c) Release of a judgment for child support or spousal support or subordination of a lien of<br />

a judgment for child support or spousal support shall be approved by the court which rendered<br />

the judgment if all such payments are not current. The judgment debtor may file a motion in the<br />

court which rendered the original judgment for an order releasing or subordinating the lien as to<br />

specific real or personal property. The court shall grant such order upon a showing by the<br />

judgment debtor that sufficient real or personal property or property interests will remain subject<br />

to the lien or will maintain priority over other liens sufficient to cover all support due and which<br />

may become due;<br />

(3) Whenever a judgment creditor refuses to execute a release of the judgment or<br />

subordination of a lien as provided in this section, the person desiring such release or<br />

subordination may file an application for the relief desired. A copy of the application and a<br />

notice of hearing shall be served on the judgment creditor either personally or by registered or<br />

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