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Child Support Enforcement - Sarpy County Nebraska

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§43-512.17. Title IV-D child support order; financial information; disclosure; contents.<br />

Any financial information provided to the Department of Health and Human Services, the county<br />

attorney, or the authorized attorney by either parent for the purpose of facilitating a modification<br />

proceeding under sections 43-512.12 to 43-512.18 may be disclosed to the other parties to the<br />

case or to the court. Financial information shall include the following:<br />

(1) An affidavit of financial status provided by the party requesting review;<br />

(2) An affidavit of financial status of the nonrequesting party provided by the nonrequesting<br />

party or by the requesting party at the request of the county attorney or authorized attorney;<br />

(3) <strong>Support</strong>ing documentation such as state and federal income tax returns, paycheck stubs, W-2<br />

forms, 1099 forms, bank statements, and other written evidence of financial status; and<br />

(4) Information relating to health care coverage as provided in subsection (2) of section 42-369.<br />

Source:Laws 1991, LB 715, § 18; Laws 1993, LB 523, § 11; Laws 1996, LB 1044, § 167; Laws 1996,<br />

LB 1296, § 23; Laws 1997, LB 307, § 68; Laws 2009, LB288, § 13.<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 />

8. The current order for support is at least three years old;<br />

9. The order has not been reviewed by <strong>Child</strong> <strong>Support</strong> <strong>Enforcement</strong> in the last three years,<br />

except:<br />

a. an order may be reviewed after one year if it was not referred for a modification because of<br />

financial circumstances lasting for the time period stated in 466 NAC 8-007, number 1; or<br />

b. the requesting party demonstrates a substantial change in financial circumstances that has<br />

lasted for the time period stated in 466 NAC 8-007, number 1.<br />

10. The youngest child in the order will not emancipate within the next 12 months;<br />

11. The location of all parties involved is known; and<br />

12. The order does not require a change in custody to effectuate the modification of support.<br />

Brewer v. Brewer, 244 Neb. 731, 509 N.W.2d 10 (1993)<br />

a request to credit Social Security benefits is a request for a change in only the<br />

source of payment, paid on behalf of the employee, and therefore does not require a<br />

modification hearing, but, rather, only an opportunity for the custodial parent to<br />

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