Child Support Enforcement - Sarpy County Nebraska

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;
8. The current order for support is at least three years old;
9. The order has not been reviewed by Child Support Enforcement in the last three years,
except:
a. an order may be reviewed after one year if it was not referred for a modification because of
financial circumstances lasting for the time period stated in 466 NAC 8-007, number 1; or
b. the requesting party demonstrates a substantial change in financial circumstances that has
lasted for the time period stated in 466 NAC 8-007, number 1.
10. The youngest child in the order will not emancipate within the next 12 months;
11. The location of all parties involved is known; and
12. The order does not require a change in custody to effectuate the modification of support.
Brewer v. Brewer, 244 Neb. 731, 509 N.W.2d 10 (1993)
a request to credit Social Security benefits is a request for a change in only the
source of payment, paid on behalf of the employee, and therefore does not require a
modification hearing, but, rather, only an opportunity for the custodial parent to
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