Child Support Enforcement - Sarpy County Nebraska

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(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. 42-734.03 Immunity from civil liability. An employer who complies with an income withholding order issued in another state in accordance with sections 42-734 to 42-735 is not subject to civil liability to any individual or agency with regard to the employer’s withholding of child support from the obligor’s income. Source: Laws 1997, LB 727, § 13. §43-1702. Purpose of act. It is the intent of the Legislature to encourage the use of all proven techniques for the collection of child, spousal, and medical support and monetary judgments. While income withholding is the preferred technique, other techniques such as liens on property and contempt proceedings should be used when appropriate. The purpose of the Income Withholding for Child Support Act is to provide a simplified and relatively automatic procedure for implementing income withholding in order to guarantee that child, spousal, and medical support obligations and monetary judgments are met when income is available for that purpose, to encourage voluntary withholding by obligors, and to facilitate the implementation of income withholding based on foreign support orders. Source: Laws 1985, Second Spec. Sess., LB 7, § 22; Laws 1991, LB 457, § 18; Laws 2010, LB712, § 28 §43-1709. Employer or other payor, defined. Employer or other payor shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department or agency of the state or federal government in possession of income and shall include an obligor if he or she is self-employed. Source: Laws 1985, Second Spec. Sess., LB 7, §29; Laws 1991, LB 457, §22; Laws 1993, LB 121, §217. §43-1711. Income, defined. Income shall mean (1) compensation paid, payable, due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and dividends, and (2) any other income from whatever source derived. Source: Laws 1985, Second Spec. Sess., LB 7, § 31; Laws 1993, LB 523, § 13. Spousal support is subject to enforcement on an equal basis as child support… §43-1715. Spousal support, defined. Spousal support shall mean alimony or maintenance support for a spouse or former spouse if the provision for support is a part of an order, decree, or judgment which provides for child support and the child and spouse or former spouse are living in the same household. Source: Laws 1985, Second Spec. Sess., LB 7, § 35. Since the early 1990s mandatory income withholding has pretty much been the standard for all support orders. It is NOT required by law, however. See below: § 43-1718. Support order; operate as assignment of income; effect; duties. . . . The Title IV-D Division of the Department of Health and Human Services or its designee shall be responsible for administering income withholding. In administering income withholding, the Title IV-D Division or its designee shall keep accurate records to document, track, and monitor support payments. - 102 -
Source: Laws 1985, Second Spec. Sess., LB 7, § 38; Laws 1991, LB 457, § 26; Laws 1994, LB 1224, § 66; Laws 1997, LB 18, § 3; Laws 2000, LB 972, § 22. §43-1718.01. Obligor; subject to income withholding; when; notice. (1) In any case in which services are provided under Title IV-D of the federal Social Security Act, as amended, and a support order has been issued or modified on or after September 6, 1991, the obligor’s income shall be subject to income withholding regardless of whether or not payments pursuant to such order are in arrears, and the court shall require such income withholding in its order unless: (a) One of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding; or (b) A written agreement between the parties, including the state if there is an assignment of support pursuant to section 43-512.07, providing an alternative arrangement is incorporated into the support order. (2) In any case in which services are provided under Title IV-D of the federal Social Security Act, as amended, the income of an obligor not subject to withholding pursuant to subsection (1) of this section shall become subject to income withholding: ….. (a) On the date on which the payments are delinquent in an amount equal to the support due and payable for a one-month period of time; or (b) Regardless of whether payments are in arrears, on the earliest of (i) the date as of which the obligor requests that income withholding begin, (ii) the date as of which the obligee requests that income withholding begin if the department determines that such request should be approved, or (iii) any earlier date after September 6, 1991, which the department selects. The obligor shall receive notice of income withholding and his or her right to a hearing pursuant to section 43- 1720 when his or her income is withheld pursuant to subdivision (b)(ii) or (b)(iii) of this subsection. (3) No obligor whose child support payments are automatically withheld from his or her paycheck shall be regarded or reported as being delinquent or in arrears if (a) any delinquency or arrearage is solely caused by a disparity between the schedule of the obligor’s regular pay dates and the scheduled date the child support is due, (b) the total amount of child support to be withheld from the paychecks of the obligor and the amount ordered by the support order are the same on an annual basis, and (c) the automatic deductions for child support are continuous and occurring. (4) The department shall adopt and promulgate rules and regulations necessary to carry out this section. Source: Laws 1991, LB 457, § 27; Laws 1997, LB 18, § 4. See §43-1718.02 for income withholding provisions in Non IV-D cases. Note: if the parties have not applied for IV-D services to your office or to NDHHS, then it is the obligated parent’s responsibility to prepare his/her own notice to withhold income, and to deliver it to the employer. §43-1718.02 spells this out. This section details when and under what conditions child support orders may forego income withholding, and sets out penalties for employers who do not comply with the mandate to withhold. This statute was updated effective July 15, 2010. §43-1723. Notice to employer or other payor; contents; compliance; effect. Except as otherwise provided in this section, the county attorney, the authorized attorney, or the department shall notify the obligor’s employer or other payor, by first-class mail or by electronic means, within the time determined by the department which shall comply with the requirements of Title IV-D of the federal Social Security Act, as amended. The notice shall specify the basis for the assignment of income and shall direct: - 103 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mili
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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final court-ordered determination t
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clerk of the district court in whic
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(1) In proceedings under sections 4
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Nebraska courts, through their inhe
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place. This recommendation recogniz
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(4) Orders, decrees, and judgments
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Mother apparently consents to this
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Johnson v. Johnson, 215 Neb. 689, 3
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stand dismissed without prejudice a
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This case includes an excellent sum
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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Modifying the amounts awarded to a
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[P]ublic policy forbids enforcement
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Carroll v. Moore, 228 Neb. 561, 423
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
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Neither of the parties is authorize
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In guardianship termination proceed
Page 57 and 58: Weinand v. Weinand, 260 Neb. 146, 6
Page 59 and 60: verification forms instead of tax r
Page 61 and 62: State v. Cummings, 2 Neb. App. 820,
Page 63 and 64: Where parents of the child are sepa
Page 65 and 66: any unpaid child support obligation
Page 67 and 68: Henderson v. Henderson, 264 Neb. 91
Page 69 and 70: (0,1,2,or 3+) and how much “earne
Page 71 and 72: Earning capacity may be used as a b
Page 73 and 74: esponding state is modifying a supp
Page 75 and 76: [T]he duration of the support oblig
Page 77 and 78: A future payment of child support i
Page 79 and 80: Such a credit clause does not viola
Page 81 and 82: State on behalf of L.L.B. v. Hill,
Page 83 and 84: (1) That withholding is not proper
Page 85 and 86: Source: Laws 1974, LB 354, § 226,
Page 87 and 88: In re Interest of Lakota Z. & Jacob
Page 89 and 90: Note: In July 2008 the Federal Chil
Page 91 and 92: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 93 and 94: Moore v. Bauer, 11 Neb. App. 572, 6
Page 95 and 96: Sears v. Larson, 259 Neb. 760, 612
Page 97 and 98: health care coverage is not availab
Page 99 and 100: Druba v. Druba , 238 Neb. 279, 470
Page 101 and 102: Rouse v. Rouse, 18 Neb. App. 128, 7
Page 103 and 104: There is a presumption that income
Page 105 and 106: The Nebraska Supreme Court has not
Page 107: §42-364.12 Child support; withhold
Page 111 and 112: shall withhold for each notice the
Page 113 and 114: forward the child support payment.
Page 115 and 116: Servicemembers Civil Relief Act of
Page 117 and 118: Judgments (see also Jurisdiction) 2
Page 119 and 120: Source: Laws 1972, LB 820, § 5; La
Page 121 and 122: [J]urisdiction is the inherent powe
Page 123 and 124: A nonimmigrant alien authorized to
Page 125 and 126: In re Interest of Tamika S. et al.,
Page 127 and 128: action to certify the license holde
Page 129 and 130: NCP had no control as to when trust
Page 131 and 132: [T]he district court abused its dis
Page 133 and 134: Note: In response to a new federal
Page 135 and 136: (1) Child support orders in cases i
Page 137 and 138: §43-512.17. Title IV-D child suppo
Page 139 and 140: In the initial determination of chi
Page 141 and 142: The federal government provides Soc
Page 143 and 144: Material change in circumstances in
Page 145 and 146: Peter v. Peter, 262 Neb. 1017, 637
Page 147 and 148: See also: Wilkins v. Wilkins, 269 N
Page 149 and 150: Adoption/Modification of the Nebras
Page 151 and 152: A party seeking to modify a dissolu
Page 153 and 154: (2)The department, through its agen
Page 155 and 156: § 43-1408.01 Notarized acknowledgm
Page 157 and 158: (4) All judgments under this sectio
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See also Shermanv. Neth, 283 Neb. 8
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grounds of newly discovered evidenc
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Fianna has resided with Jeffrey sin
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State on Behalf of Hopkins v. Batt,
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(4) . . . (a) If any case contains
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CONVENTION ON THE INTERNATIONAL REC
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To prevail on a motion to remove a
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Cooper v. Cooper, 8 Neb. App. 532,
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What God -- or the State -- has law
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court should take into consideratio
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Federal Express (FedEx): FedEx Prio
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(c) PENALTY FOR MAKING OR USING FAL
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Recipients who are married and file
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provision for support is a part of
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Material change in circumstances in
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[A]limony should not be used to equ
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contumacious, but it provides no re
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parties will have to start over aga
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state has and shall exercise contin
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§ 42-735 Administrative enforcemen
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(2) notify the nonregistering party
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allegations of a petition invokes t
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petitioner had failed to come to th
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. . . have the force and effect of
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caused or contributed to the cause
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in determining the child support ob
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Effective January 1, 2013, the maxi
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§ 6-1521. Protection of personal a
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In contrast to recent years, the 20
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Military Retirement pay info - www.
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Daily Legal Newswire - www.law.com/
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Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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