Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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The <strong>Nebraska</strong> Supreme Court has not set forth a rigid definition of what constitutes<br />
“income,” but has instead relied on a flexible, fact-specific inquiry that recognizes the<br />
wide variety of circumstances that may be presented in child support cases.<br />
The reasonable contributions of a parent’s cohabitant to household expenses should<br />
not be included in the parent’s gross income for purposes of determining child<br />
support, but may be considered in determining whether the circumstances warrant a<br />
deviation from the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines.<br />
Income Withholding/ Employer Services<br />
Automatic income withholding was the best development in the child support world since the<br />
founding of the Republic. More child support is collected via income withholding orders than all<br />
other forms of enforcement combined! Over the years it has lost the stigma of being evidence<br />
of a deadbeat parent. Since 1993 income withholding has generally been required in ALL<br />
<strong>Nebraska</strong> child support cases, unless the court explicitly finds grounds not to require it. Of<br />
course income withholding does not work when the obligated parent is self employed, and it<br />
may not work perfectly when the obligated parent has only part-time employment. Still, it is<br />
worth its weight in gold. Cited below are some of the more important statutes on the subject.<br />
A helpful federal link for employers, explaining the income withholding forms in detail, can be<br />
found at: www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm<br />
§ 42-364.01. <strong>Child</strong> support; withholding of earnings; court; powers.<br />
In any proceeding when a district court, county court, or separate juvenile court has ordered,<br />
temporarily or permanently, a parent, referred to as parent-employee in sections 42-364.01 to 42-<br />
364.12, to pay any amount for the support of a minor child, that court shall, following<br />
application, hearing, and findings, as required by sections 42-364.02 to 42-364.12, order the<br />
employer of such parent:<br />
(1) To withhold, from the parent-employee’s nonexempt, disposable earnings presently due<br />
and to be due in the future, such amounts as shall reduce and satisfy the parent-employee’s<br />
previous arrearage in child support payments arising from the parent-employee’s failure to<br />
comply fully with an order previously entered to pay child support, the parent-employee’s<br />
obligation to pay child support as ordered by the court as such obligation accrues in the future;<br />
(2) To pay to the parent-employee, on his or her regularly scheduled payday such earnings then<br />
due which are not ordered withheld;<br />
(3) To deduct from the sums so withheld an amount set by the court, but not to exceed two<br />
dollars and fifty cents in any calendar month, as compensation for the employer’s reasonable<br />
cost incurred in complying with such order;<br />
(4) To remit within seven calendar days after the date the obligor is paid such sums withheld,<br />
less the deduction as allowed by the court pursuant to subdivision (3) of this section, to the State<br />
Disbursement Unit;<br />
(5) To refrain from dismissing, demoting, disciplining, and in any way penalizing the parentemployee<br />
on account of the proceeding to collect child support, on account of any order or<br />
orders entered by the court in such proceeding, and on account of employer compliance with<br />
such order or orders; and<br />
(6) To notify in writing the clerk of the court entering such order of the termination of the<br />
employment of such parent-employee, the last-known address of the parent-employee, and the<br />
name and address of the parent-employee’s new employer, if known, and to provide such written<br />
notification within thirty days after the termination of employment.<br />
Source: Laws 1974, LB 1015, § 6; Laws 1983, LB 371, § 4; Laws 2000, LB 972, § 12.<br />
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