Child Support Enforcement - Sarpy County Nebraska

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§43-512.15. Title IV-D child support order; modification; when; procedures. (1) The county attorney or authorized attorney, upon referral from the Department of Health and Human Services, shall file a complaint to modify a child support order unless the attorney determines in the exercise of independent professional judgment that: (a) The variation from the Supreme Court child support guidelines pursuant to section 42-364.16 is based on material misrepresentation of fact concerning any financial information submitted to the attorney; (b) The variation from the guidelines is due to a voluntary reduction in net monthly income. For purposes of this section, a person who has been incarcerated for a period of one year or more in a county or city jail or a federal or state correctional facility shall be considered to have an involuntary reduction of income unless (i) the incarceration is a result of a conviction for criminal nonsupport pursuant to section 28-706 or a conviction for a violation of any federal law or law of another state substantially similar to section 28-706, (ii) the incarcerated individual has a documented record of willfully failing or neglecting to provide proper support which he or she knew or reasonably should have known he or she was legally obligated to provide when he or she had sufficient resources to provide such support; or (iii) the incarceration is a result of a conviction for a crime in which the child who is the subject of the child support order was victimized; or (c) When the amount of the order is considered with all the other undisputed facts in the case, no variation from the criteria set forth in subdivisions (1)(a) and (b) of section 43-512.12 exists. (2) The department, a county attorney, or an authorized attorney shall not in any case be responsible for reviewing or filing an application to modify child support for individuals incarcerated as described in subdivision (1)(b) of this section. (3) The proceedings to modify a child support order shall comply with section 42-364, and the county attorney or authorized attorney shall represent the state in the proceedings. (4) After a complaint to modify a child support order is filed, any party may choose to be represented personally by private counsel. Any party who retains private counsel shall so notify the county attorney or authorized attorney in writing. Source: Laws 2010, LB712, § 26 Practice Note: §42-358 (3) indicates that where the child support payment history shows that the obligated parent is in arrears, a prima facie case of contempt is made. Arguendo that should be all that is needed to shift the burden to the incarcerated parent to disprove that he or she was acting willfully or neglectfully with regard to their child support obligation at the time they walked (shackled) into prison. (Hat tip to Tyler Jacobsen in the Lancaster Co. Attorney’s office) See the Incarceration section of this outline for an update on changing case law in this area. §43-512.16 Title IV-D child support order; review of health care coverage provisions. The county attorney or authorized attorney shall review the health care coverage provisions contained in any child support order which is subject to review under section 43-512.12 and shall include in any application for modification a request that the court order health care coverage or cash medical support as provided in subsection (2) of section 42-369. Source: Laws 1991, LB 715, § 17; Laws 2009, LB288, § 12. Operative Date: September 30, 2009 - 130 -
§43-512.17. Title IV-D child support order; financial information; disclosure; contents. Any financial information provided to the Department of Health and Human Services, the county attorney, or the authorized attorney by either parent for the purpose of facilitating a modification proceeding under sections 43-512.12 to 43-512.18 may be disclosed to the other parties to the case or to the court. Financial information shall include the following: (1) An affidavit of financial status provided by the party requesting review; (2) An affidavit of financial status of the nonrequesting party provided by the nonrequesting party or by the requesting party at the request of the county attorney or authorized attorney; (3) Supporting documentation such as state and federal income tax returns, paycheck stubs, W-2 forms, 1099 forms, bank statements, and other written evidence of financial status; and (4) Information relating to health care coverage as provided in subsection (2) of section 42-369. Source:Laws 1991, LB 715, § 18; Laws 1993, LB 523, § 11; Laws 1996, LB 1044, § 167; Laws 1996, LB 1296, § 23; Laws 1997, LB 307, § 68; Laws 2009, LB288, § 13. §43-512.18. Title IV-D child support order; communication technology; use authorized. A court may use any available technology that would allow the parties to communicate with each other to conduct a hearing or any proceeding required pursuant to sections 43-512.12 to 43- 512.17. Source: Laws 1991, LB 715, § 19. REV. OCTOBER 28, 2008 NEBRASKA DEPARTMENT OF CHILD SUPPORT MANUAL LETTER # 83-2008 HEALTH AND HUMAN SERVICES 466 NAC 8-000 Nebraska Administrative Code/Child Support > http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/Health_and_Human_Services_System/Title-466/Chapter-08.pdf Note: this is pending modification to bring it in alignment with state law. As of August 2011 this has not occurred. 8-002 Criteria for a Review: All Nebraska IV-D court orders or foreign orders registered under UIFSA or RURESA in Nebraska are eligible for a review for possible modification of the child support amount and inclusion of health insurance if the following criteria are met: 1. The order is for current support; 2. The order is an active Nebraska order; 3. The order is not a tribal order; 4. The order is not an order registered for income withholding only; 5. At least one party resides in Nebraska; 6. Nebraska maintains continuing exclusive jurisdiction under UIFSA or is the proper state to acquire continuing exclusive jurisdiction under UIFSA for the support order; 7. The non-custodial party is not institutionalized or incarcerated; 8. The current order for support is at least three years old; 9. The order has not been reviewed by Child Support Enforcement in the last three years, except: a. an order may be reviewed after one year if it was not referred for a modification because of financial circumstances lasting for the time period stated in 466 NAC 8-007, number 1; or b. the requesting party demonstrates a substantial change in financial circumstances that has lasted for the time period stated in 466 NAC 8-007, number 1. 10. The youngest child in the order will not emancipate within the next 12 months; 11. The location of all parties involved is known; and 12. The order does not require a change in custody to effectuate the modification of support. Brewer v. Brewer, 244 Neb. 731, 509 N.W.2d 10 (1993) a request to credit Social Security benefits is a request for a change in only the source of payment, paid on behalf of the employee, and therefore does not require a modification hearing, but, rather, only an opportunity for the custodial parent to - 131 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mili
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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final court-ordered determination t
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clerk of the district court in whic
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(1) In proceedings under sections 4
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Nebraska courts, through their inhe
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place. This recommendation recogniz
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(4) Orders, decrees, and judgments
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Mother apparently consents to this
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Johnson v. Johnson, 215 Neb. 689, 3
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stand dismissed without prejudice a
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This case includes an excellent sum
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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Modifying the amounts awarded to a
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[P]ublic policy forbids enforcement
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Carroll v. Moore, 228 Neb. 561, 423
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
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Neither of the parties is authorize
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In guardianship termination proceed
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Weinand v. Weinand, 260 Neb. 146, 6
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verification forms instead of tax r
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State v. Cummings, 2 Neb. App. 820,
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Where parents of the child are sepa
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any unpaid child support obligation
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Henderson v. Henderson, 264 Neb. 91
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(0,1,2,or 3+) and how much “earne
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Earning capacity may be used as a b
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esponding state is modifying a supp
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[T]he duration of the support oblig
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A future payment of child support i
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Such a credit clause does not viola
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State on behalf of L.L.B. v. Hill,
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(1) That withholding is not proper
Page 85 and 86: Source: Laws 1974, LB 354, § 226,
Page 87 and 88: In re Interest of Lakota Z. & Jacob
Page 89 and 90: Note: In July 2008 the Federal Chil
Page 91 and 92: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 93 and 94: Moore v. Bauer, 11 Neb. App. 572, 6
Page 95 and 96: Sears v. Larson, 259 Neb. 760, 612
Page 97 and 98: health care coverage is not availab
Page 99 and 100: Druba v. Druba , 238 Neb. 279, 470
Page 101 and 102: Rouse v. Rouse, 18 Neb. App. 128, 7
Page 103 and 104: There is a presumption that income
Page 105 and 106: The Nebraska Supreme Court has not
Page 107 and 108: §42-364.12 Child support; withhold
Page 109 and 110: Source: Laws 1985, Second Spec. Ses
Page 111 and 112: shall withhold for each notice the
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Page 115 and 116: Servicemembers Civil Relief Act of
Page 117 and 118: Judgments (see also Jurisdiction) 2
Page 119 and 120: Source: Laws 1972, LB 820, § 5; La
Page 121 and 122: [J]urisdiction is the inherent powe
Page 123 and 124: A nonimmigrant alien authorized to
Page 125 and 126: In re Interest of Tamika S. et al.,
Page 127 and 128: action to certify the license holde
Page 129 and 130: NCP had no control as to when trust
Page 131 and 132: [T]he district court abused its dis
Page 133 and 134: Note: In response to a new federal
Page 135: (1) Child support orders in cases i
Page 139 and 140: In the initial determination of chi
Page 141 and 142: The federal government provides Soc
Page 143 and 144: Material change in circumstances in
Page 145 and 146: Peter v. Peter, 262 Neb. 1017, 637
Page 147 and 148: See also: Wilkins v. Wilkins, 269 N
Page 149 and 150: Adoption/Modification of the Nebras
Page 151 and 152: A party seeking to modify a dissolu
Page 153 and 154: (2)The department, through its agen
Page 155 and 156: § 43-1408.01 Notarized acknowledgm
Page 157 and 158: (4) All judgments under this sectio
Page 159 and 160: See also Shermanv. Neth, 283 Neb. 8
Page 161 and 162: grounds of newly discovered evidenc
Page 163 and 164: Fianna has resided with Jeffrey sin
Page 165 and 166: State on Behalf of Hopkins v. Batt,
Page 167 and 168: (4) . . . (a) If any case contains
Page 169 and 170: CONVENTION ON THE INTERNATIONAL REC
Page 171 and 172: To prevail on a motion to remove a
Page 173 and 174: Cooper v. Cooper, 8 Neb. App. 532,
Page 175 and 176: What God -- or the State -- has law
Page 177 and 178: court should take into consideratio
Page 179 and 180: Federal Express (FedEx): FedEx Prio
Page 181 and 182: (c) PENALTY FOR MAKING OR USING FAL
Page 183 and 184: Recipients who are married and file
Page 185 and 186: provision for support is a part of
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Material change in circumstances in
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[A]limony should not be used to equ
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contumacious, but it provides no re
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parties will have to start over aga
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state has and shall exercise contin
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§ 42-735 Administrative enforcemen
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(2) notify the nonregistering party
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allegations of a petition invokes t
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petitioner had failed to come to th
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. . . have the force and effect of
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caused or contributed to the cause
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in determining the child support ob
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Effective January 1, 2013, the maxi
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§ 6-1521. Protection of personal a
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In contrast to recent years, the 20
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Military Retirement pay info - www.
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Daily Legal Newswire - www.law.com/
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Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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