Child Support Enforcement - Sarpy County Nebraska

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Priority of Payments § 42-358.02. Delinquent child support payments, spousal support payments, and medical support payments; interest; rate; report; Title IV-D Division; duties. (1) . . . . . . (4) Support order payments shall be credited in the following manner: (a) First, to the payments due for the current month in the following order: Child support payments, then spousal support payments, and lastly medical support payments; (b) Second, toward any payment arrearage owing, in the following order: Child support payment arrearage, then spousal support payment arrearage, and lastly medical support payment arrearage; and (c) Third, toward the interest on any payment arrearage, in the following order: Child support payment arrearage interest, then spousal support payment arrearage interest, and lastly medical support payment arrearage interest. (5) Interest which may have accrued prior to September 6, 1991, shall not be affected or altered by changes to this section which take effect on such date. All delinquent support order payments and all decrees entered prior to such date shall draw interest at the effective rate as prescribed by this section commencing as of such date. Quirks, Oddities and other Practice Tips Did You Know… Kansas law automatically presumes that child support in multiple children orders will reduce on a pro rata basis as older children emancipate out, but Kansas support orders rarely if ever include the reduced child support amounts in the text of the order. Check with the Kansas support office when registering a Kansas support order through UIFSA to find out how your order is to reduce when the oldest child emancipates. Congress amended the tax code to give the federal dependent income tax deductions automatically to the custodial parent, unless the custodial parent signs a written waiver. See Schmitt v. Schmitt, 239 Neb. 632, 635-36, 477 N.W.2d 563, 565 (1991) Submit your little known facts or tips to billm @ sarpy.com 42-364.13. Support order; requirements. (1) Any order for support entered by the court shall specifically provide that any person ordered to pay a judgment shall be required to furnish to the clerk of the district court his or her address, telephone number, and social security number, the name of his or her employer, whether or not such person has access to employer-related health insurance coverage and, if so, the health insurance policy information, and any other information the court deems relevant until such judgment is paid in full. The person shall also be required to advise the clerk of any changes in such information between the time of entry of the decree and the payment of the judgment in full. If both parents are parties to the action, such order shall provide that each be required to furnish to the clerk of the district court all of the information required by this subsection. Failure to comply with this section shall be punishable by contempt. (2) All support orders entered by the court shall include the year of birth of any child for whom the order requires the provision of support. . . . - 160 -
(4) . . . (a) If any case contains an order or judgment for child, medical, or spousal support, the order shall include the following statements: In the event that the (plaintiff or defendant) fails to pay any child, medical, or spousal support payment, as such failure is certified each month by the State Disbursement Unit in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, he or she shall be subject to income withholding and may be required to appear in court on a date to be determined by the court and show cause why such payment was not made. In the event that the (plaintiff or defendant) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest. (b) If the court orders income withholding regardless of whether or not payments are in arrears pursuant to section 43-1718.01 or 43-1718.02,the statement in this subsection may be altered to read as follows: In the event that the (plaintiff or defendant) fails to pay any child, medical, or spousal support payment, as such failure is certified each month by the State Disbursement Unit in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, he or she may be required to appear in court on a date to be determined by the court and show cause why such payment was not made. In the event that the (plaintiff or defendant) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest. Source: Laws 1983, LB 371, § 9; ; Laws 1984, LB 845, § 30; ; Laws 1985, Second Spec. Sess., LB 7, § 17; ; Laws 1993, LB 523, § 1; ; Laws 1994, LB 1224, § 45; ; Laws 2000, LB 972, § 13; ; Laws 2004, LB 1207, § 27; ; Laws 2006, LB 1113, § 36; ; Laws 2007, LB296, § 59; ; Laws 2008, LB1014, § 34. . Reciprocity/ International Law & Related I. Overview 42-721 Attorney General; powers. . . . (b) The Attorney General may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination. Source: Laws 1993, LB 500, § 21; Laws 2003, LB 148, § 61. If you work child support long enough you will encounter cases with parents and minor children living in and being citizens of foreign countries. When the NCP resides in your jurisdiction it may fall to your court to either establish an order of paternity and/or order for support, or to register a foreign support order for purposes of enforcement or modification. The general methods of doing so remain the same when dealing with foreign parties, but you will encounter all sorts of additional “issues”, including document interpretation, language barriers, time zone issues (email does wonders in that regard), differing methods of obtaining service of process, currency conversion issues and generalized issues relating to differing levels of social services found in other countries. For example, in much of Europe single parents automatically - 161 -
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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
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verification forms instead of tax r
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State v. Cummings, 2 Neb. App. 820,
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Where parents of the child are sepa
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any unpaid child support obligation
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Henderson v. Henderson, 264 Neb. 91
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(0,1,2,or 3+) and how much “earne
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Earning capacity may be used as a b
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esponding state is modifying a supp
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[T]he duration of the support oblig
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A future payment of child support i
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Such a credit clause does not viola
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State on behalf of L.L.B. v. Hill,
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(1) That withholding is not proper
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Source: Laws 1974, LB 354, § 226,
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In re Interest of Lakota Z. & Jacob
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Note: In July 2008 the Federal Chil
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Erica J. v. Dewitt, 265 Neb. 728, 6
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Moore v. Bauer, 11 Neb. App. 572, 6
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Sears v. Larson, 259 Neb. 760, 612
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health care coverage is not availab
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Druba v. Druba , 238 Neb. 279, 470
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Rouse v. Rouse, 18 Neb. App. 128, 7
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There is a presumption that income
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The Nebraska Supreme Court has not
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§42-364.12 Child support; withhold
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Source: Laws 1985, Second Spec. Ses
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shall withhold for each notice the
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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
Page 161 and 162: grounds of newly discovered evidenc
Page 163 and 164: Fianna has resided with Jeffrey sin
Page 165: State on Behalf of Hopkins v. Batt,
Page 169 and 170: CONVENTION ON THE INTERNATIONAL REC
Page 171 and 172: To prevail on a motion to remove a
Page 173 and 174: Cooper v. Cooper, 8 Neb. App. 532,
Page 175 and 176: What God -- or the State -- has law
Page 177 and 178: court should take into consideratio
Page 179 and 180: Federal Express (FedEx): FedEx Prio
Page 181 and 182: (c) PENALTY FOR MAKING OR USING FAL
Page 183 and 184: Recipients who are married and file
Page 185 and 186: provision for support is a part of
Page 187 and 188: Material change in circumstances in
Page 189 and 190: [A]limony should not be used to equ
Page 191 and 192: contumacious, but it provides no re
Page 193 and 194: parties will have to start over aga
Page 195 and 196: state has and shall exercise contin
Page 197 and 198: § 42-735 Administrative enforcemen
Page 199 and 200: (2) notify the nonregistering party
Page 201 and 202: allegations of a petition invokes t
Page 203 and 204: petitioner had failed to come to th
Page 205 and 206: . . . have the force and effect of
Page 207 and 208: caused or contributed to the cause
Page 209 and 210: in determining the child support ob
Page 211 and 212: Effective January 1, 2013, the maxi
Page 213 and 214: § 6-1521. Protection of personal a
Page 215 and 216: 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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