Child Support Enforcement - Sarpy County Nebraska

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Legislation Addressed in 2009 √ √ LB 288 took effect September 30, 2009. It is the Holy Grail of child support legislation for 2009. The bill was previously designated at the DHHS ―clean-up bill. Such bills are not normally controversial. However once it became clear that only one legislative vessel would sail in 2009 with the HHS ―wish list‖ on board, all of HHS‘ cargo was tossed onto this bill. The provisions of note include: The creation of the concept of ―cash medical support‖ A redefinition of when dependent health care coverage is considered to be ―reasonably available‖. Under the legislation, if dependent health insurance is available at an amount which is less than 3% of the parent‘s GROSS income, then the insurance is considered to be available and a court can order the parent to provide the coverage as part of a court child support order. Cash Medical Support is defined as ―an amount ordered to be paid toward the cost of health care coverage or other medical costs not covered by insurance.‖ Here is the Summary of legislative purpose of the bill: Legislative Bill 288 amends several sections of statute related to child and medical support requirements. Certain changes proposed in the bill are needed to comply with a federal mandate in order to avoid losing federal funding for child support enforcement. The bill amended Section 48-2302 to amend the New Hire Reporting Act to add independent contractor to the definition of employee. This change allows for the reporting of individuals that take new employment as independent contractors and have child support obligations. Once these individuals are identified, an income withholding notice can be generated to their employer and child support can be collected from each paycheck. The bill also amended Section 77-27,166 to allow for the continuous submittal of past due support amounts to the Department of Revenue. The bill amends Section 42-358.02 to provide that interest on spousal support and medical support payments accrue after a 30-day grace period rather than beginning the day after it is due. The 30-day grace period brings spousal and medical support interest accrual into conformity with how interest is accrued in child support cases. The bill amends Section 43-512.07 to provide that only the support payments that become due during the time period in which the individual receives public assistance is assignable to the state. This change is needed to comply with a federal mandate. The bill amends Section 42-369 to establish and enforce medical support obligations in cases where health care coverage is not available or not accessible. This change is needed to comply with a federal mandate. Cash medical support of some sort must be ordered in cases where health care coverage is either unavailable or inaccessible. Cash medical support or the cost of private health insurance is considered reasonable in cost if the cost to the parent responsible for providing it does not exceed 3% of his or her gross income. Other features of the law adds cash medical support to Section 42-364 to ensure the money is used on behalf of the children for which it was ordered. The bill sets the standard for accessibility to health care coverage at 30 miles or 30 minutes. The administrative agency, court or other tribunal would have the discretion to order longer travel times where necessary to accommodate rural Nebraskans. The law generally requires cash medical support payments in situations where health care coverage is either not available at a reasonable cost or is inaccessible to the children, and where one or more of the parties are receiving Title IV-D - 192 -
services. Under LB 288, cash medical support or the cost of health care coverage will be considered reasonable in cost if the cost to the party providing the support does not exceed 3% of his or her gross income. The law provides that cash medical support shall not be ordered if such expense would reduce the responsible party's net income below the basic subsistence limitation provided in Nebraska's Child Support Guidelines. Please familiarize yourself with this law. ---------------------------------------------------------------------------------- In the News An organizational flow chart for the various offices in DHHS division of Children & Family Services is available here. The United States is now enjoying the lowest divorce rate in 37 years. Experts attribute this to many things, perhaps most importantly to the fact that couples are on average waiting much longer -- five years longer -- to marry now than they did in 1981. Statistically, couples who are better educated, or older when they first marry, have the lowest divorce rates. Also, marriages with two working spouses have a lower divorce rate than "traditional" marriages where the wife is not employed outside the home. Overall, the divorce rate is between 40% and 45% of all marriages. In the 1980s it was nearly 50%. Full story: http://www.msnbc.msn.com/id/18600304 Federal Minimum Wage: The Federal Minimum Wage stands at $7.25 per hour as of July 24, 2009. Many states already have higher state minimum wage laws in place than the new federal minimum wage. A link to the various state minimum wages in place can be found here. Nebraska Related Links: Internet Resources Creighton University School of Law - http://culaw2.creighton.edu/ Nebraska Blue Book Online - http://www.nebraskalegislature.gov/about/blue-book.php Nebraska County Attorney‟s Association - www.necaa.org/ Nebraska Dept. of Correctional Services - www.corrections.state.ne.us/ (includes inmate locator) Nebraska Dept. of Health & Human Services CSE - www.dhhs.ne.gov/cse/cseindex.htm Child Support Administrative Rules: www.dhhs.ne.gov/reg/t466.htm N-CJIS - www.cjis.state.ne.us/ Nebraska Information System (NIS): (user ID and password required) http://nis.ne.gov/ - 193 -
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Happy 2012! In The News: Unicameral
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Table of Contents:* * (accessible v
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Table of Contents (continued): Pare
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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appear to him [or her] legal and ju
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―the Court draws a distinction be
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otherwise provided in sections 25-2
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State ex rel. Lemon v. Gale, 272 Ne
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disobedience as an essential elemen
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student loan that the noncustodial
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only if it shall find and determine
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Emery v. Moffett, 269 Neb. 867, 697
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$60,000+ in retro support for 17 ye
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month by said clerk in cases in whi
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concerning the proceedings in the a
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Minimum Contacts. An act of sexual
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[UIFSA] Section 42-742(a)(5) clearl
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In the case of People v. Lucero, 74
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A court may not impose punishment
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Contempt What follows is a discussi
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waived sovereign immunity, the juve
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A parent has no right to insist upo
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usiness realities, the amount of th
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9, of the Nebraska Constitution, bo
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Drew on Behalf of Reed v. Reed, 16
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Absent circumstances which justify
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Welch v. Welch, Jr., 246 Neb. 435,
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guardian ad litem to represent the
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Clymer v. La Velle, 194 Neb. 91, 23
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Duty to Support; Duration of Suppor
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Finnern v. Bruner, 167 Neb. 281, 92
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Henke v. Guerrero, 13 Neb. App. 337
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Millatmal v. Millatmal, 272 Neb. 45
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24A Am. Jur. 2d Divorce and Separat
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the tax exemptions. [The noncustodi
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obligation, should generally apply
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―[C]oncerns regarding the stigma
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(3) The court shall apply the statu
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(d) If, at any time in the proceedi
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Birth related medical expenses rema
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Brockman v. Brockman, 264 Neb. 106,
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Daycare and medical reimbursement o
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equired by the guidelines. Such req
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health care coverage to be provided
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Given that the agreement sets forth
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Newer Case Law re. Incarceration an
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Dueling v. Dueling, 257 Neb. 862, 6
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has no control over should not be c
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Any employer who shall fail or refu
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§43-1718.01. Obligor; subject to i
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such notice bears to the total amou
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forward the child support payment.
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Servicemembers Civil Relief Act of
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Judgments (see also Jurisdiction) 2
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(3) The individual resided with the
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―in a proceeding under the Nebras
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Juvenile Court Many headaches are c
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§ 43-3319 License holder; motion o
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distributions to the judgment for $
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appellate court tries factual quest
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Note: In response to a new federal
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§43-512.14. Title IV-D child suppo
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adduce evidence of any inequity tha
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Non-custodial parent who lost high
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Lamb v. Lamb, 14 Neb. App. 337, 707
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trouble at work and resigned his jo
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Riggs v. Riggs, 261 Neb. 344, 622 N
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not, under the circumstances presen
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Wilson v. Wilson, 19 Neb. App. 103,
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§43-512. Application for assistanc
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§43-1406 Determination of paternit
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(4) All judgments under this sectio
Page 147 and 148: Carlson v. Bartels, 143 Neb. 680, 1
Page 149 and 150: as to the paternity of the minor ch
Page 151 and 152: Snodgrass v. Snodgrass, 241 Neb. 43
Page 153 and 154: Quirks, Oddities and other Practice
Page 155 and 156: Note: Additional resources relating
Page 157 and 158: egular contact with the child. Comp
Page 159 and 160: Cooper v. Cooper, 8 Neb. App. 532,
Page 161 and 162: into or born into these relationshi
Page 163 and 164: Moore v. Bauer, 11 Neb. App. 572, 6
Page 165 and 166: parents; child support; termination
Page 167 and 168: (B) the servicemember has a meritor
Page 169 and 170: Ward v. Ward, 7 Neb. App. 821, 585
Page 171 and 172: specifically finds that conformity
Page 173 and 174: [A] petition to modify alimony will
Page 175 and 176: Hall v. Hall, 238 Neb. 686, 472 N.W
Page 177 and 178: interests of a child are served by
Page 179 and 180: Source: Laws 1993: LB 500, § 22.
Page 181 and 182: seeks modification in the respondin
Page 183 and 184: § 42-745 Effect of registration fo
Page 185 and 186: … First, we properly look to the
Page 187 and 188: Neither of the parties is authorize
Page 189 and 190: the purpose of that litigation, all
Page 191 and 192: and that the child's best interests
Page 193 and 194: D. Unless otherwise agreed to, inte
Page 195 and 196: (E) Any order for support presented
Page 197: Unicameral Update (A daily report o
Page 201 and 202: BAH FAQ - http://perdiem.hqda.penta
Page 203 and 204: Daily Legal Newswire - www.law.com/
Page 205: Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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