Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Any employer who shall fail or refuse to deliver earnings pursuant to an order to withhold and<br />
transmit earnings, when such employer has had in its possession such earnings, shall be<br />
personally liable for the amount of such earnings which the employer failed or refused to deliver,<br />
together with costs, interest, and reasonable attorney's fees. Any employer who fails to notify in<br />
writing the clerk of the court entering an order to withhold and transmit earnings of the<br />
termination of the parent-employee and the name and address of the parent-employee's new<br />
employer, if known, within thirty days after the termination of employment, may be punished by<br />
the court for civil contempt. Any employer who dismisses, demotes, disciplines, or in any way<br />
penalizes a parent-employee on account of any proceeding to collect child support, on account of<br />
any order or orders entered by the court in such proceeding, or on account of the employer's<br />
compliance with such order or orders, shall be liable to the parent-employee for all damages,<br />
together with costs, interest thereon, and a reasonable attorney's fee, resulting from the<br />
employer's action and may be enjoined by any court of competent jurisdiction from continuing<br />
such action. Any proceeding to punish an employer for contempt, to hold the employer liable for<br />
earnings not withheld and transmitted, to hold the employer liable for actions taken against the<br />
parent-employee, or to enjoin the employer from continuing such actions, must be commenced<br />
within ninety days after the employer's act or failure to act upon which such proceeding is based.<br />
Source: Laws 1974, LB 1015, § 17<br />
§ 42-734.01 Employer’s compliance with income withholding order of another state.<br />
(a) Upon receipt of an income withholding order, the obligor’s employer shall immediately<br />
provide a copy of the order to the obligor.<br />
(b) The employer shall treat an income withholding order issued in another state which appears<br />
regular on its face as if it had been issued by a tribunal of this state.<br />
(c) Except as otherwise provided in subsection (d) of this section and section 42-734.02, the<br />
employer shall withhold and distribute the funds as directed in the withholding order by<br />
complying with the terms of the order which specify:<br />
(1) the duration and amount of periodic payments of current child support, stated as a sum<br />
certain;<br />
(2) the person designated to receive payments and the address to which the payments are to be<br />
forwarded;<br />
(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or<br />
ordering the obligor to provide health insurance coverage for the child under a policy available<br />
through the obligor’s employment;<br />
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the<br />
issuing tribunal, and the obligee’s attorney, stated as sums certain; and<br />
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums<br />
certain.<br />
(d) An employer shall comply with the law of the state of the obligor’s principal place of<br />
employment for withholding from income with respect to:<br />
(1) the employer’s fee for processing an income withholding order;<br />
(2) the maximum amount permitted to be withheld from the obligor’s<br />
income; and<br />
(3) the times within which the employer shall implement the withholding<br />
order and forward the child support payment.<br />
Source: Laws 1997, LB 727, § 11; Laws 2003, LB 148, § 72.<br />
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