Child Support Enforcement - Sarpy County Nebraska

More documents

Recommendations

Info

$F:\Kevin\2007 Case Lists\Currently on web page\District Judges ...$



$\\orion\ChildSupport\Kevin\2007 Case Lists\Currently on web page ...$

the amount ordered by the support order are the same on an annual basis, and (3) the automatic deductions for child support are continuous and occurring. . . . Source: Laws 1974, LB 1015, § 11; Laws 1983, LB 371, § 6; Laws 1984, LB 845, § 29; Laws 1997, LB 18, § 2. §42-364.08. Child support; withholding of earnings; limitations. The amount to be withheld from the parent-employee’s disposable income under any order to withhold and transmit earnings entered pursuant to sections 42-364.01 to 42-364.12 shall not in any case exceed the maximum amount permitted to be withheld under section 303(b) of the Consumer Protection Credit Act, 15 U.S.C. 1673 (b)(2)(A) and (B), nor shall any amount withheld to satisfy a child or spousal support arrearage, when added to the amount withheld to pay current support and the fee provided for in subdivision (3) of section 42-364.01, exceed such maximum amount. Source: Laws 1974, LB 1015, § 13; Laws 1986, LB 600, § 8. §42-364.09. Child support; withholding of earnings; priority. Any order to withhold and transmit earnings shall have priority over any attachment, execution, garnishment, or wage assignment, unless otherwise ordered by the court. Source: Laws 1974, LB 1015, § 14. §42-364.10. Child support; withholding of earnings; order; dissolution; revocation; modification; service. An order to withhold and transmit earnings shall dissolve without any court action thirty days after the parent-employee ceases employment with the employer. . . . Source: Laws 1974, LB 1015, § 15; Laws 1983, LB 371, § 7. §42-364.11. Child support; withholding of earnings; terms, defined. For the purposes of sections 42-364.01 to 42-364.14, unless the context otherwise requires: (1) Earnings shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and any payments made to an independent contractor for services performed; (2) Disposable earnings shall mean that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to sections 42-357 and 42-363 to 42-365 or those provisions allowing garnishment, attachment, or execution; (3) Employer shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department of the state in possession of earnings; (4) Employee shall mean any person who is compensated by an employer for services performed, regardless of how such compensation is denominated, and shall include independent contractors who receive compensation for services; … Source: Laws 1974, LB 1015, § 16; ; Laws 1983, LB 371, § 8; Laws 1993, LB 121, § 215; Laws 2004, LB 1207, § 26. Operative date April 16, 2004 §42-364.12 Child support; withholding of earnings; employer; civil contempt; liability for damages; injunction. Any employer failing to make answer truthfully and completely to the interrogatories propounded pursuant to section 42-364.03 may be punished by the court for civil contempt. The court shall first afford such employer a reasonable opportunity to purge itself of such contempt. - 92 -
Any employer who shall fail or refuse to deliver earnings pursuant to an order to withhold and transmit earnings, when such employer has had in its possession such earnings, shall be personally liable for the amount of such earnings which the employer failed or refused to deliver, together with costs, interest, and reasonable attorney's fees. Any employer who fails to notify in writing the clerk of the court entering an order to withhold and transmit earnings of the termination of the parent-employee and the name and address of the parent-employee's new employer, if known, within thirty days after the termination of employment, may be punished by the court for civil contempt. Any employer who dismisses, demotes, disciplines, or in any way penalizes a parent-employee on account of any proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, or on account of the employer's compliance with such order or orders, shall be liable to the parent-employee for all damages, together with costs, interest thereon, and a reasonable attorney's fee, resulting from the employer's action and may be enjoined by any court of competent jurisdiction from continuing such action. Any proceeding to punish an employer for contempt, to hold the employer liable for earnings not withheld and transmitted, to hold the employer liable for actions taken against the parent-employee, or to enjoin the employer from continuing such actions, must be commenced within ninety days after the employer's act or failure to act upon which such proceeding is based. Source: Laws 1974, LB 1015, § 17 § 42-734.01 Employer’s compliance with income withholding order of another state. (a) Upon receipt of an income withholding order, the obligor’s employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state. (c) Except as otherwise provided in subsection (d) of this section and section 42-734.02, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) the duration and amount of periodic payments of current child support, stated as a sum certain; (2) the person designated to receive payments and the address to which the payments are to be forwarded; (3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor’s employment; (4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee’s attorney, stated as sums certain; and (5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor’s principal place of employment for withholding from income with respect to: (1) the employer’s fee for processing an income withholding order; (2) the maximum amount permitted to be withheld from the obligor’s income; and (3) the times within which the employer shall implement the withholding order and forward the child support payment. Source: Laws 1997, LB 727, § 11; Laws 2003, LB 148, § 72. - 93 -
Page 1 and 2:
Happy 2012! In The News: Unicameral
Page 3 and 4:
Table of Contents:* * (accessible v
Page 5 and 6:
Table of Contents (continued): Pare
Page 7 and 8:
A Note for Legal Practitioners: Mem
Page 9 and 10:
Overview/ IV-D Attorney Duty Gangwi
Page 11 and 12:
appear to him [or her] legal and ju
Page 13 and 14:
―the Court draws a distinction be
Page 15 and 16:
otherwise provided in sections 25-2
Page 17 and 18:
State ex rel. Lemon v. Gale, 272 Ne
Page 19 and 20:
disobedience as an essential elemen
Page 21 and 22:
student loan that the noncustodial
Page 23 and 24:
only if it shall find and determine
Page 25 and 26:
Emery v. Moffett, 269 Neb. 867, 697
Page 27 and 28:
$60,000+ in retro support for 17 ye
Page 29 and 30:
month by said clerk in cases in whi
Page 31 and 32:
concerning the proceedings in the a
Page 33 and 34:
Minimum Contacts. An act of sexual
Page 35 and 36:
[UIFSA] Section 42-742(a)(5) clearl
Page 37 and 38:
In the case of People v. Lucero, 74
Page 39 and 40:
A court may not impose punishment
Page 41 and 42:
Contempt What follows is a discussi
Page 43 and 44:
waived sovereign immunity, the juve
Page 45 and 46:
A parent has no right to insist upo
Page 47 and 48: usiness realities, the amount of th
Page 49 and 50: 9, of the Nebraska Constitution, bo
Page 51 and 52: Drew on Behalf of Reed v. Reed, 16
Page 53 and 54: Absent circumstances which justify
Page 55 and 56: Welch v. Welch, Jr., 246 Neb. 435,
Page 57 and 58: guardian ad litem to represent the
Page 59 and 60: Clymer v. La Velle, 194 Neb. 91, 23
Page 61 and 62: Duty to Support; Duration of Suppor
Page 63 and 64: Finnern v. Bruner, 167 Neb. 281, 92
Page 65 and 66: Henke v. Guerrero, 13 Neb. App. 337
Page 67 and 68: Millatmal v. Millatmal, 272 Neb. 45
Page 69 and 70: 24A Am. Jur. 2d Divorce and Separat
Page 71 and 72: the tax exemptions. [The noncustodi
Page 73 and 74: obligation, should generally apply
Page 75 and 76: ―[C]oncerns regarding the stigma
Page 77 and 78: (3) The court shall apply the statu
Page 79 and 80: (d) If, at any time in the proceedi
Page 81 and 82: Birth related medical expenses rema
Page 83 and 84: Brockman v. Brockman, 264 Neb. 106,
Page 85 and 86: Daycare and medical reimbursement o
Page 87 and 88: equired by the guidelines. Such req
Page 89 and 90: health care coverage to be provided
Page 91 and 92: Given that the agreement sets forth
Page 93 and 94: Newer Case Law re. Incarceration an
Page 95 and 96: Dueling v. Dueling, 257 Neb. 862, 6
Page 97: has no control over should not be c
Page 101 and 102: §43-1718.01. Obligor; subject to i
Page 103 and 104: such notice bears to the total amou
Page 105 and 106: forward the child support payment.
Page 107 and 108: Servicemembers Civil Relief Act of
Page 109 and 110: Judgments (see also Jurisdiction) 2
Page 111 and 112: (3) The individual resided with the
Page 113 and 114: ―in a proceeding under the Nebras
Page 115 and 116: Juvenile Court Many headaches are c
Page 117 and 118: § 43-3319 License holder; motion o
Page 119 and 120: distributions to the judgment for $
Page 121 and 122: appellate court tries factual quest
Page 123 and 124: Note: In response to a new federal
Page 125 and 126: §43-512.14. Title IV-D child suppo
Page 127 and 128: adduce evidence of any inequity tha
Page 129 and 130: Non-custodial parent who lost high
Page 131 and 132: Lamb v. Lamb, 14 Neb. App. 337, 707
Page 133 and 134: trouble at work and resigned his jo
Page 135 and 136: Riggs v. Riggs, 261 Neb. 344, 622 N
Page 137 and 138: not, under the circumstances presen
Page 139 and 140: Wilson v. Wilson, 19 Neb. App. 103,
Page 141 and 142: §43-512. Application for assistanc
Page 143 and 144: §43-1406 Determination of paternit
Page 145 and 146: (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 and 198:
Unicameral Update (A daily report o
Page 199 and 200:
services. Under LB 288, cash medica
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
show all

Child Support Enforcement - Sarpy County Nebraska

Create successful ePaper yourself

Delete template?

Save as template?