Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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any monetary judgments have been paid, in which case the county attorney, the authorized<br />
attorney, or the department shall notify the employer or other payor to cease withholding income.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 46; Laws 1986, LB 600, § 6; Laws 1991, LB 457, § 35;<br />
Laws 1993, LB 523, § 20; Laws 1996, LB 1155, § 15; Laws 2010, LB712, § 37. Operative Date: July 15,<br />
2010<br />
§43-1727. Income withholding notice; modification or revocation; notice.<br />
1) An income withholding notice may be modified or revoked by a court of competent<br />
jurisdiction or by the county attorney, the authorized attorney, or the department as a result of a<br />
review conducted pursuant to sections 43-512.12 to 43-512.18. An income withholding notice<br />
may also be modified or revoked by a court of competent jurisdiction, for other good cause<br />
shown, after notice and a hearing on the issue. An income withholding notice may also be<br />
modified or revoked by the county attorney, the authorized attorney, or the department as<br />
provided in subsection (2) of this section or for other good cause. Payment by the obligor of<br />
overdue support or any monetary judgment, other than through income withholding, after receipt<br />
of notice of income withholding shall not by itself constitute good cause for modifying or<br />
revoking an income withholding notice.<br />
(2) When income withholding has been implemented and, as a result, a support delinquency<br />
has been eliminated, the Title IV-D Division or its designee shall notify the county attorney, the<br />
authorized attorney, or the department. Upon receipt of such notification, the county attorney, the<br />
authorized attorney, or the department shall modify the income withholding notice to require<br />
income withholding for current support and any monetary judgments and shall notify the<br />
employer or other payor of the change in the same manner as provided in section 43-1723.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 47; Laws 1991, LB 457, § 36; Laws 1991, LB 715, §<br />
24; Laws 1996, LB 1155, § 16; Laws 2000, LB 972, § 25; Laws 2010, LB712, § 38. Operative Date: July<br />
15, 2010<br />
§42-734. Employer’s receipt of income withholding order of another state.<br />
An income withholding order issued in another state may be sent by or on behalf of the<br />
obligee or by the support enforcement agency to the person defined as the obligor’s employer<br />
under the Income Withholding for <strong>Child</strong> <strong>Support</strong> Act or sections 42-347 to 42-381 without first<br />
filing a petition or comparable pleading or registering the order with a tribunal of this state.<br />
Source: Laws 1993, LB 500, § 34; Laws 1997, LB 727, § 10; Laws 2003, LB 148, § 71.<br />
§42-734.01. Employer’s compliance with income withholding order of another state.<br />
(a) Upon receipt of an income withholding order, the obligor’s employer shall immediately<br />
provide a copy of the order to the obligor.<br />
(b) The employer shall treat an income withholding order issued in another state which appears<br />
regular on its face as if it had been issued by a tribunal of this state.<br />
I Except as otherwise provided in subsection (d) of this section and section 42-734.02, the<br />
employer shall withhold and distribute the funds as directed in the withholding order by<br />
complying with the terms of the order which specify:<br />
(1) the duration and amount of periodic payments of current child support, stated as a<br />
sum certain;<br />
…<br />
….<br />
(d) An employer shall comply with the law of the state of the obligor’s principal place of<br />
employment for withholding from income with respect to:<br />
(1) the employer’s fee for processing an income withholding order;<br />
(2) the maximum amount permitted to be withheld from the obligor’s income; and<br />
(3) the times within which the employer shall implement the withholding order and<br />
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