Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Title IV-D Division of the Department of Health and Human Services shall compute interest and<br />
identify delinquencies pursuant to this section on the payments received by the State<br />
Disbursement Unit pursuant to section 42-369. The Title IV-D Division shall provide the case<br />
information in electronic format, and upon request in print format, to the judge presiding over<br />
domestic relations cases and to the county attorney or authorized attorney.<br />
(4) …<br />
§45-103 Interest; judgments; decrees; rate; exceptions.<br />
For decrees and judgments rendered before July 20, 2002, interest on decrees and judgments for<br />
the payment of money shall be fixed at a rate equal to one percentage point above the bond<br />
equivalent yield, as published by the Secretary of the Treasury of the United States, of the<br />
average accepted auction price for the last auction of fifty-two-week United States Treasury bills<br />
in effect on the date of entry of the judgment. For decrees and judgments rendered on and after<br />
July 20, 2002, interest on decrees and judgments for the payment of money shall be fixed at a<br />
rate equal to two percentage points above the bond investment yield, as published by the<br />
Secretary of the Treasury of the United States, of the average accepted auction price for the first<br />
auction of each annual quarter of the twenty-six-week United States Treasury bills in effect on<br />
the date of entry of the judgment. The State Court Administrator shall distribute notice of such<br />
rate and any changes to it to all <strong>Nebraska</strong> judges to be in effect two weeks after the date the<br />
auction price is published by the Secretary of the Treasury of the United States. This interest rate<br />
shall not apply to:<br />
(1) An action in which the interest rate is specifically provided by law; or<br />
(2) An action founded upon an oral or written contract in which the parties have agreed to a rate<br />
of interest other than that specified in this section.<br />
See: http://supremecourt.ne.gov/community/judgment-interest-rate.shtml for the present and past<br />
interest rates. [2.056% as of January 19, 2012, valid until mid April 2012]<br />
Servicemembers Civil Relief Act of 2003 Section 207 (a)<br />
Notwithstanding the above, when the obligated parent is an active duty member of the US<br />
Military, the interest rate shall be capped by federal law at 6.000%. See below for rules and<br />
restrictions on this.<br />
§207 (a) INTEREST RATE LIMITATION-<br />
(1) LIMITATION TO 6 PERCENT- An obligation or liability bearing interest at a rate in<br />
excess of 6 percent per year that is incurred by a servicemember, or the servicemember and<br />
the servicemember’s spouse jointly, before the servicemember enters military service shall not<br />
bear interest at a rate in excess of 6 percent per year during the period of military service.<br />
(2) FORGIVENESS OF INTEREST IN EXCESS OF 6 PERCENT- Interest at a rate in<br />
excess of 6 percent per year that would otherwise be incurred but for the prohibition in<br />
paragraph (1) is forgiven<br />
(b) IMPLEMENTATION OF LIMITATION-<br />
(1) WRITTEN NOTICE TO CREDITOR- In order for an obligation or liability of a<br />
servicemember to be subject to the interest rate limitation in subsection (a), the servicemember<br />
shall provide to the creditor written notice and a copy of the military orders calling the<br />
servicemember to military service and any orders further extending military service, not later<br />
than 180 days after the date of the servicemember’s termination or release from military service.<br />
(2) LIMITATION EFFECTIVE AS OF DATE OF ORDER TO ACTIVE DUTY- Upon<br />
receipt of written notice and a copy of orders calling a servicemember to military service, the<br />
creditor shall treat the debt in accordance with subsection (a), effective as of the date on which<br />
the servicemember is called to military service.<br />
. . .<br />
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