Child Support Enforcement - Sarpy County Nebraska

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(1) That the employer or other payor shall withhold from the obligor’s disposable income the amount stated by the county attorney, the authorized attorney, or the department for the purpose of reducing and satisfying the obligor’s (a) previous arrearage in child, spousal, or medical support payments arising from the obligor’s failure to fully comply with a support order previously entered, (b) ongoing obligation for support payments as they become due, and (c) then any monetary judgment; (2) That the employer or other payor shall implement income withholding no later than the first pay period that begins following the date on the notice; (3) That the employer or other payor shall pay to the obligor, on his or her regularly scheduled payday, such income then due which is not stated to be withheld pursuant to section 43-1722 or any court order; (4) That the employer or other payor may assess an additional administrative fee from the obligor’s disposable income not to exceed two dollars and fifty cents in any calendar month as compensation for the employer’s or other payor’s reasonable cost incurred in complying with the notice; (5) That the employer or other payor shall remit, within seven days after the date the obligor is paid and in the manner specified in the notice, the income withheld, less the deduction allowed as an administrative expense by subdivision (4) of this section, to the State Disbursement Unit as designated in the notice and shall notify the unit of the date such income was withheld; (6) That the employer or other payor shall notify the county attorney, the authorized attorney, or the department in writing of the termination of the employment or income of the obligor, the last-known address of the obligor, and the name and address of the obligor’s new employer or other payor, if known, and shall provide such written notification within thirty days after the termination of employment or income; (7) That income withholding is binding on the employer or other payor until further notice by the county attorney, the authorized attorney, or the department; (8) That the employer or other payor may combine amounts required to be withheld from the income of two or more obligors in a single payment to the unit as designated in an income withholding notice if the portion of the single payment which is attributable to each individual obligor is separately identified; (9) That an employer or other payor who fails to withhold and remit income of an obligor after receiving proper notice or who discriminates, demotes, disciplines, or terminates an employee or payee after receiving an income withholding notice shall be subject to the penalties prescribed in sections 43-1724 and 43-1725; and (10) That if the employer or other payor receives more than one notice to withhold income of a single obligor and the amount of income available to be withheld pursuant to the limits specified in section 43-1722 is insufficient to satisfy the total support amount stated in the notices, the income available shall first be applied to current support. If the total amount of income available to be withheld is insufficient to satisfy the total amount of current support stated by the notices, the employer or other payor shall withhold for each notice the proportion that the amount of the current support stated in such notice bears to the total amount of current support stated in all notices received for the obligor. Any remaining income available to be withheld after current support is satisfied for all notices shall be applied to arrearages. If arrearages are stated in more than one notice, the employer or other payor shall withhold for each notice the proportion that the amount of the arrearage stated in such notice bears to the total amount of arrearage stated in all notices received for the obligor. Any income available to be withheld after the obligor’s support obligation is current shall be applied to any monetary judgment. If a monetary judgment is stated in more than one notice, the employer or other payor - 104 -
shall withhold for each notice the proportion that the amount of the monetary judgments stated in such notice bears to the total amount of monetary judgments stated in all notices received for the obligor. Compliance with the order by the employer or other payor shall operate as a discharge of the employer’s or other payor’s liability to the obligor as to the portion of the obligor’s income withheld. The county attorney, the authorized attorney, or the department need not notify the Commissioner of Labor as a payor if the commissioner is withholding for child support from the obligor under section 48-647 for the same support order. Source: Laws 1985, Second Spec. Sess., LB 7, § 43; Laws 1986, LB 600, § 5; Laws 1991, LB 457, § 32; Laws 1993, LB 523, § 17; Laws 1996, LB 1155, § 14; Laws 1997, LB 752, § 105; Laws 2000, LB 972, § 24; Laws 2003, LB 245, § 3; Laws 2010, LB712, § 35. Operative Date: July 15, 2010 §43-1724. Employer or other payor; failure to withhold and remit income; effect. Any employer or other payor who fails to withhold and remit any income of an obligor receiving income from the employer or other payor, after proper notice as provided in section 43-1723, shall be required to pay the stated amount to the State Disbursement Unit. The county attorney or authorized attorney may file an action in district court to enforce this section. The court may sanction an employer or other payor twenty-five dollars per day, up to five hundred dollars per incident, for failure to comply with proper notice. Source: Laws 1985, Second Spec. Sess., LB 7, § 44; Laws 1991, LB 457, § 33; Laws 1993, LB 523, § 18; Laws 2005, LB 116, § 20; Laws 2010, LB712, § 36. Operative Date: July 15, 2010 §43-1725. Employer or other payor; prohibited actions; penalty. An employer or other payor shall not use an income withholding notice or order or the possibility of income withholding as a basis for (1) discrimination in hiring, (2) demotion of an employee or payee, (3) disciplinary action against an employee or payee, or (4) termination of an employee or payee. …..Upon application by the county attorney or authorized attorney and after a hearing on the matter, the court may impose a civil fine of up to five hundred dollars for each violation of this section. An employer or other payor who violates this section may be required to make full restitution to the aggrieved employee or payee, including reinstatement and backpay. Source: Laws 1985, Second Spec. Sess., LB 7, § 45; Laws 1991, LB 457, § 34; Laws 1993, LB 523, §19. §43-1726 Notice to withhold income; termination; exception; procedure. When an obligor ceases employment with or is no longer entitled to income from an employer or other payor, the notice to withhold income shall not cease to operate against the obligor and income withholding shall continue to apply to any subsequent employment or income of the obligor. The notice to withhold income shall terminate with respect to the employer or other payor without any court action or action by the county attorney, the authorized attorney, or the department thirty days after the obligor ceases employment with or is no longer entitled to income from such employer or other payor, except that a notice to withhold income shall not terminate with respect to unemployment compensation benefits being withheld by the Commissioner of Labor pursuant to section 48-647. The employer or other payor shall return a copy of the notice to withhold income to the county attorney, the authorized attorney, or the department, indicate that the employment or obligation to pay income has ceased, and cooperate in providing any known forwarding information. The county attorney, the authorized attorney, or the department shall notify the clerk of the appropriate district court that such employment or obligation to pay income has ceased. A notice to withhold income shall also terminate when the child, spousal, or medical support obligation terminates, all past-due support has been paid, and - 105 -
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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
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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 and 108: §42-364.12 Child support; withhold
Page 109: Source: Laws 1985, Second Spec. Ses
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
Page 159 and 160: 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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