Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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action to certify the license holder under section 43-3318 until disposition of the motion or<br />
application by the court or agency of competent jurisdiction. If the license holder requests review<br />
of the support order under section 43-512.12, the department shall stay the action to certify the<br />
license holder pending final disposition of the review and modification process.<br />
Source: Laws 1997, LB 752, § 19; Laws 2007, LB296, § 157. Operative July 1, 2007<br />
§ 43-3320 License holder; written confirmation of compliance.<br />
(1) When a license holder comes into compliance with the support order as provided in section<br />
43-3314, the department, county attorney, or authorized attorney shall provide the license holder<br />
with written confirmation that the license holder is in compliance.<br />
…<br />
Source: Laws 1997, LB 752, § 20; Laws 2007, LB296, § 158.<br />
Liens, Garnishment & Related<br />
§ 42-358.06. Delinquent permanent child or spousal support payments; lien.<br />
A lien upon the property of one who is delinquent in permanent child or spousal support<br />
payments may be instituted and enforced according to the terms of section 42-371.<br />
Source: Laws 1975, LB 212, § 8; Laws 1985, Second Spec. Sess., LB 7, § 13.<br />
§ 42-371 *<br />
(1) All judgments and orders for payment of money shall be liens, as in other actions, upon<br />
real property and any personal property registered with any county office and may be enforced or<br />
collected by execution and the means authorized for collection of money judgments;<br />
(2)(a) The judgment creditor may execute a partial or total release of the judgment or a<br />
document subordinating the lien of the judgment to any other lien, generally or on specific real<br />
or personal property.<br />
(b) Release of a judgment for child support or spousal support or subordination of a lien of<br />
a judgment for child support or spousal support may, if all such payments are current, be released<br />
or subordinated by a release or subordination document executed by the judgment creditor, and<br />
such document shall be sufficient to remove or subordinate the lien. A properly executed,<br />
notarized release or subordination document explicitly reciting that all child support payments or<br />
spousal support payments are current is prima facie evidence that such payments are in fact<br />
current.<br />
I Release of a judgment for child support or spousal support or subordination of a lien of a<br />
judgment for child support or spousal support shall be approved by the court which rendered the<br />
judgment if all such payments are not current. The judgment debtor may file a motion in the<br />
court which rendered the original judgment for an order releasing or subordinating the lien as to<br />
specific real or personal property. The court shall grant such order upon a showing by the<br />
judgment debtor that sufficient real or personal property or property interests will remain subject<br />
to the lien or will maintain priority over other liens sufficient to cover all support due and which<br />
may become due;<br />
(3) Whenever a judgment creditor refuses to execute a release of the judgment or<br />
subordination of a lien as provided in this section, the person desiring such release or<br />
subordination may file an application for the relief desired. A copy of the application and a<br />
notice of hearing shall be served on the judgment creditor either personally or by registered or<br />
certified mail no later than ten days before the date of hearing. If the court finds that the release<br />
or subordination is not requested for the purpose of avoiding payment and that the release or<br />
subordination will not unduly reduce the security, the court may issue an order releasing real or<br />
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