Child Support Enforcement - Sarpy County Nebraska

Note: In response to a new federal definition of the term ―reasonable in cost‖ as pertains to
dependent health insurance or “cash medical support”, which definition was approved in July
2008 in the Federal Child Support Regulations, Nebraska‘s HHS agency secured an
amendment to our laws that defines ―reasonably available‖ to equate to 3% or less of a
parent‘s gross monthly income. This change is contained in LB 288, effective 9/30/2009 (see §
42-369). Note: the concept of ―cash medical support‖ only applies to “IV-D” cases at this
time. The Feds have a broad view of what constitutes ―cash medical support‖. It can mean
something as simple as ordering a parent to share uncovered medical expenses of the minor
child. This is something routinely done in all cases except where the obligated parent has a
very low income. Note also that ―cash medical‖ awards cannot have the effect of putting the
parent below the poverty guidelines as set forth in state and federal law.
See the section on Guidelines Issues and Health Insurance in this outline for further
information.
State on Behalf of Dunn v. Wiegand, 2 Neb. App. 580, 512 N.W.2d 419 (1994)
If action is filed on behalf of minor child by the state, the state cannot seek
reimbursement by the father for medical expenses of the mother paid by the state if
the child is more than 4 years of age.
See also State v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994)
―the trial court ordered judgment ‗for medical expenses incurred in relation to the
pregnancy, confinement and recovery of [the mother] in the birth of [the child].‘ That
part of the judgment is not based on the rights of the child, but is in relation to the
rights of the child‘s mother. As such, it was barred by the applicable 4-year statute of
limitations affecting the rights of the mother or the mother‘s assignee. Section 43-
1411 does not extend the statute of limitations for anyone other than the minor child
involved.‖
Modification Issues/ Change in Circumstances/Unclean Hands
(see also Guidelines, Incarceration, Removal of Children, Unclean Hands)
Full Nebraska Child Support Guidelines:
Neb. Ct. R. § 4-217 Modification. Application of the child support guidelines which would
result in a variation by 10 percent or more, but not less than $25, upward or downward, of the
current child support obligation, child care obligation, or health care obligation, due to financial
circumstances which have lasted 3 months and can reasonably be expected to last for an
additional 6 months, establishes a rebuttable presumption of a material change of circumstances.
Paragraph Q amended effective Jan. 1, 1996; Paragraph Q amended effective Sept. 1, 2002.
…
Neb. Ct. R. § 4-219 Limitation on Increase. Under no circumstances shall there be an increase
in support due from an obligor solely because of an increase in the income of the obligee.
Paragraph S effective Sept. 1, 2002.
Neb. Ct. R. § 4-220 Limitation on Decrease. An obligor shall not be allowed a reduction in an
existing support order solely because of the birth, adoption, or acknowledgement of subsequent
children of the obligor; however, a duty to provide regular support for subsequent children may
be raised as a defense to an action for an upward modification of such existing support order.
Paragraph T effective Sept. 1, 2002.
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