Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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There is now a 30 day grace period on the imposition of interest for judgments of child support,<br />
alimony and medical support. See 42-358.02 (2)<br />
§ 42-358.02. Delinquent child support payments, spousal support payments, and medical<br />
support payments; interest; rate; report; Title IV-D Division; duties.<br />
(1) All delinquent child support payments, spousal support payments, and medical support<br />
payments shall draw interest at the rate specified in section 45-103 in effect on the date of the<br />
most recent order or decree. Such interest shall be computed as simple interest.<br />
(2) All child support payments, spousal support payments, and medical support payments shall<br />
become delinquent the day after they are due and owing, except that no obligor whose support<br />
payments are automatically withheld from his or her paycheck shall be regarded or reported as<br />
being delinquent or in arrears if (a) any delinquency or arrearage is solely caused by a disparity<br />
between the schedule of the obligor’s regular pay dates and the scheduled date the support<br />
payment is due, (b) the total amount of support payments to be withheld from the paychecks of<br />
the obligor and the amount ordered by the support order are the same on an annual basis, and (c)<br />
the automatic deductions for support payments are continuous and occurring. Interest shall not<br />
accrue until thirty days after such payments are delinquent.<br />
(3) The court shall order the determination of the amount of interest due, and such interest<br />
shall be payable in the same manner as the support payments upon which the interest accrues<br />
subject to subsection (2) of this section or unless it is waived by agreement of the parties. The<br />
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. [2.1370% as of October 18, 2012, valid until mid January 2013]<br />
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