Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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she had sufficient resources to provide such support; or (iii) the incarceration is a result of a<br />
conviction for a crime in which the child who is the subject of the child support order was<br />
victimized; or<br />
(c) When the amount of the order is considered with all the other undisputed facts in the case, no<br />
variation from the criteria set forth in subdivisions (1)(a) and (b) of section 43-512.12 exists.<br />
(2) The department, a county attorney, or an authorized attorney shall not in any case be<br />
responsible for reviewing or filing an application to modify child support for individuals<br />
incarcerated as described in subdivision (1)(b) of this section.<br />
(3) The proceedings to modify a child support order shall comply with section 42-364, and the<br />
county attorney or authorized attorney shall represent the state in the proceedings.<br />
(4) After a complaint to modify a child support order is filed, any party may choose to be<br />
represented personally by private counsel. Any party who retains private counsel shall so notify<br />
the county attorney or authorized attorney in writing.<br />
Source: Laws 2010, LB712, § 26<br />
Practice Note: §42-358 (3) indicates that where the child support payment history shows that<br />
the obligated parent is in arrears, a prima facie case of contempt is made. Arguendo that<br />
should be all that is needed to shift the burden to the incarcerated parent to disprove that he or<br />
she was acting willfully or neglectfully with regard to their child support obligation at the time<br />
they walked (shackled) into prison. (Hat tip to Tyler Jacobsen in the Lancaster Co. Attorney’s<br />
office) See the Incarceration section of this outline for an update on changing case law in this<br />
area.<br />
§43-512.16 Title IV-D child support order; review of health care coverage provisions.<br />
The county attorney or authorized attorney shall review the health care coverage provisions<br />
contained in any child support order which is subject to review under section 43-512.12 and shall<br />
include in any application for modification a request that the court order health care coverage or<br />
cash medical support as provided in subsection (2) of section 42-369.<br />
Source: Laws 1991, LB 715, § 17; Laws 2009, LB288, § 12. Operative Date: September 30, 2009<br />
§43-512.18. Title IV-D child support order; communication technology; use authorized. A<br />
court may use any available technology that would allow the parties to communicate with each<br />
other to conduct a hearing or any proceeding required pursuant to sections 43-512.12 to 43-<br />
512.17. Source: Laws 1991, LB 715, § 19.<br />
REV. OCTOBER 28, 2008 NEBRASKA DEPARTMENT OF CHILD SUPPORT<br />
MANUAL LETTER # 83-2008 HEALTH AND HUMAN SERVICES 466 NAC 8-000<br />
<strong>Nebraska</strong> Administrative Code/<strong>Child</strong> <strong>Support</strong> ><br />
http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/Health_and_Human_Services_System/Title-466/Chapter-08.pdf<br />
Note: this is pending modification to bring it in alignment with state law. As of August 2011 this has<br />
not occurred.<br />
8-002 Criteria for a Review:<br />
All <strong>Nebraska</strong> IV-D court orders or foreign orders registered under UIFSA or RURESA in <strong>Nebraska</strong><br />
are eligible for a review for possible modification of the child support amount and inclusion of health<br />
insurance if the following criteria are met:<br />
1. The order is for current support;<br />
2. The order is an active <strong>Nebraska</strong> order;<br />
3. The order is not a tribal order;<br />
4. The order is not an order registered for income withholding only;<br />
5. At least one party resides in <strong>Nebraska</strong>;<br />
6. <strong>Nebraska</strong> maintains continuing exclusive jurisdiction under UIFSA or is the proper state to<br />
acquire continuing exclusive jurisdiction under UIFSA for the support order;<br />
7. The non-custodial party is not institutionalized or incarcerated;<br />
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