Child Support Enforcement - Sarpy County Nebraska

and wife, and whether the question arises directly by petition for an annulment or
collaterally in other proceedings.
Medicaid Reimbursement/ Medical Support
(See also Health Insurance/Cash Medical Support)
This area is in a state of flux. Nebraska’s DHHS CSE office released a letter in May 2008
which instructed local offices and CSE attorneys to stop seeking to obtain, or obtaining, new
orders requiring Noncustodial Parents to repay Medicaid/medical debts to the state, and
further to discontinue enforcement of existing orders for Medicaid reimbursement. This action
was precipitated by the Federal HHS CSE office, which has ruled such enforcement activities
are outside the Federal IV-D program mandates.
Note: In response to a new federal definition of the term “reasonable in cost” as pertains to
dependent health insurance or “cash medical support”, which definition was approved in July
2008 in the Federal Child Support Regulations, Nebraska’s HHS agency secured an
amendment to our laws that defines “reasonably available” to equate to 3% or less of a
parent’s gross monthly income. This change is contained in LB 288, effective 9/30/2009 (see §
42-369). Note: the concept of “cash medical support” only applies to “IV-D” cases at this
time. The Feds have a broad view of what constitutes “cash medical support”. It can mean
something as simple as ordering a parent to share uncovered medical expenses of the minor
child. This is something routinely done in all cases except where the obligated parent has a
very low income. Note also that “cash medical” awards cannot have the effect of putting the
parent below the poverty guidelines as set forth in state and federal law.
See the section on Guidelines Issues and Health Insurance in this outline for further
information.
State on Behalf of Dunn v. Wiegand, 2 Neb. App. 580, 512 N.W.2d 419 (1994)
If action is filed on behalf of minor child by the state, the state cannot seek
reimbursement by the father for medical expenses of the mother paid by the state if
the child is more than 4 years of age.
See also State v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994)
“the trial court ordered judgment ‘for medical expenses incurred in relation to the
pregnancy, confinement and recovery of [the mother] in the birth of [the child].’ That
part of the judgment is not based on the rights of the child, but is in relation to the
rights of the child’s mother. As such, it was barred by the applicable 4-year statute of
limitations affecting the rights of the mother or the mother’s assignee. Section 43-
1411 does not extend the statute of limitations for anyone other than the minor child
involved.”
Modification Issues/ Change in Circumstances/Unclean Hands
(see also Guidelines, Incarceration, Removal of Children, Unclean Hands)
Full Nebraska Child Support Guidelines:
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