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Nebraska State Profile |
Updated on 15 Aug 2007
Certified on 05 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
A combination |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
14 offices |
| A3. With what types of agencies do you have cooperative agreements? |
County and authorized attorneys, clerks of the district court, and state agencies (i.e. Department of Labor, State Court Administrator, Department of Revenue) |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
Yes |
| A4.1. If so, what is the statutory citation? |
Neb. Rev. Stat. §43-512.03(5) (Reissue 2004) |
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
Yes |
| A4.3. If so, please explain. |
County/Authorized Attorneys represent the interests of the State in Child Support matters. |
B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
6/9/1993 |
| B2. What is the effective date of your State's Act? |
1/1/1994 |
| B3. What is the statutory citation for your State's Act? |
Neb. Rev. Stat. §42-701 to 42-751 (1998)
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
N/A |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
2001 |
| B5. Optional comments regarding your State's UIFSA Act. |
2003 |
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
Australia, Czech Republic, El Salvador, France, Germany, Hungary, Ireland, Netherlands, Norway, Poland, Portugal, Slovak Republic, Switzerland, and the Canadian Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Saskatchewan, and Yukon. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
|
| C1.2. If yes, please explain. |
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| C2. Has your State established reciprocity with any tribal courts? |
No |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
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D. Age of Majority |
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| D1. What is the age of majority in your State? |
19 years of age, unless the child marries, dies, or is emancipated by the court. |
| D2. What is the statutory cite for the age of majority? |
Neb. Rev. Stat. §43-2101 (1998) see also Neb. Rev. Stat. §42-371.01 (1998).
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
See Neb. Rev. Stat. §42-371.01 (1998). |
| D4. Does the date of the order impact what law is applied? |
Yes |
| D4.1. If so, please explain. |
The age of emancipation at the time the order was entered governs. |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Only if parties agreed and its included in the support order. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
|
| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
None. |
| E2. What is your State's statute of limitations for paternity establishment? |
4 years after the child's birth if brought by the mother or alleged father; 18 years after the child's birth if brought by a guardian or next friend of child or the state. |
| E3. Is dormancy revival/renewal possible? |
No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
In Nebraska judgements for child support and spousal support become liens on real and personal property by operation of law. This statutory lien expires 10 years after the youngest child becomes of age or dies or the most recent execution was issued to collect the judgment, whichever is later. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Shared Income Model. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
In Nebraska, child support is considered a judgment. The interest rate on judgments is fixed at a rate equivalent yield of the average accepted auction price for the last auction of one-year Treasury bills, and takes effect two weeks after the publication of the auction price by the Secretary of the Treasury, pursuant to Neb. Rev. Stat. §45-103 |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
In Nebraska, child support is considered a judgment. The interest rate on judgments is fixed at a rate equivalent yield of the average accepted auction price for the last auction of one-year Treasury bills, and takes effect two weeks after the publication of the auction price by the Secretary of the Treasury, pursuant to Neb. Rev. Stat. §45-103 |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
In Nebraska, child support is considered a judgment. The interest rate on judgments is fixed at a rate equivalent yield of the average accepted auction price for the last auction of one-year Treasury bills, and takes effect two weeks after the publication of the auction price by the Secretary of the Treasury, pursuant to Neb. Rev. Stat. §45-103 |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
In Nebraska child support, medical support etc. must be stated in a sum certain pursuant to state case law; therefore, if the amount is just stated as a percentage, then the answer is no. In other words the amount must be reduced to a judgment. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
Allowed pursuant to statue. Currently application fee is $1.00 and is paid by the state. |
| F6.2. What costs are recovered from/fees charged to the obligor? |
None |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
If we know what they are and the Court allows it. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Neb. Rev. Stat. §42-705 (1998)
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Nebraska will enforce alimony or maintenance support for a spouse or former spouse if the provision for support is part of an order, decree, or judgment which provides for child support and the child and spouse or former spouse are living in the same household. However Nebraska will not establish or modify spousal maintenance orders. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding. |
| G2. What specific source of income is not subject to withholding? |
SSI, VA Disability.
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
|
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Up to $2.50 per calendar month. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
An employer must initiate the income withholding beginning with the next pay period following the date on the withholding notice. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 7 days after the date the obligor is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
The county or authorized attorney files an action in district court. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Up to the discretion of the court. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
N/A |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
No |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
|
| G11. How does an obligor contest income withholding in your State? |
1) If an order does not contain an income withholding provision, a Notice of Intent to Withhold is sent to the obligor. After receiving the Notice of Intent to Withhold, the obligor may send a request for an administrative hearing to the Neb. Dept. of Health and Human Services. The request must be postmarked within 15 calendar days of the date the Notice of Intent to Withhold was sent. Upon exhaustion of administrative remedies the obligor may seek judicial review. 2) Orders containing income withholding provisions and direct income withholding - the obligor would contest by filing in district court. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Income withholding orders for child support have priority over other civil garnishments. In cases with more than one income withholding order, collections are prorated and applied to all orders. Priority is given to current support. If all current support orders are satisfied, any remaining collections would be applied to any existing arrearages, also on a prorate basis. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
No |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Neb. Rev. Stat. §43-1718.02 (2)(I) (1998) and Neb. Rev. Stat. §43-1723-(10)(1998).
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
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| G14. When does your state require the employer to send notice of an employee's termination? |
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| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
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| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
|
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes -employers -financial institutins -workmans compensation |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current Child Support first. Remaining collection applied to Medical Support |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
Yes |
| H1.1. If yes, please explain. |
The court may entertain custody and visitation issues, if the parties are represented by their own counsel or wish to proceed pro se. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
Pursuant to Neb. Rev. Stat. §43-1415 (1998) a 99% rebuttable presumption. |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
|
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
9/9/1997 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
|
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
By court action. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
Yes |
| H6.1. If not, briefly explain. |
|
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
|
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Biological Father Registry. |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None. |
| H10. Is common law marriage recognized in your State? |
Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
While common law marriages can not be "made" in Nebraska, marriages contracted outside of Nebraska will be recognized if they are valid under the laws of another state. |
| H10.2. When did your current common law standard go into effect? |
1923 |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
Prior to 1923 common law marriages were recognized. |
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Pursuant to Neb. Rev. Stat §42-729 (1008), UIFSA special rules of evidence and procedure, interrogatories, depositions, videotaped testimony or teleconferencing. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Neb Rev. Stat. §42-705 (1998).
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
|
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
Yes Acknowledgement of Paternity |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
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I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
N/A |
| I1.2. Under what circumstances would the judicial process be used? |
All |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - Click Here |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Under the Shared Income Model, both the custodial and non-custodial parent's income are considered. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Pursuant to Neb. Rev. Stat. §42-364.16 (1998), the guidelines will be strictly applied unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the application of the guidelines will result in a fair and equitable child support order. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Retro to the date of birth. Birthing/prenatal expenses may also be recovered if the petition is filed within 4 years of the child's birth. An order will not be established until the child is born. |
| I4.2. What information or documentation does your State require to proceed? |
Determined by local county/authorized attorney. A state must indicate on the interstate transmittal if it wants retro support. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
When requesting the establishment of support all interstate requests must include a request for current support. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity Enforcement |
| I6. What is your State's statutory authority for the administrative process? |
Neb. Rev. Stat. §43-1408.01 (Reissue 2004) for paternity acknowledgement and Neb. Rev Stat. §43-512.12 (Reissue 2004) for review and modification.
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
Yes |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
|
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
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| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
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| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
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J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Both - when administrative remedies are exhausted, then judicial. |
| J2. Is the lien process in your State judicial, administrative or both? |
Judicial |
| J2.1. What are the trigger criteria for filing a lien? |
Child Support Order |
| J2.2. Where is your State liens filed? |
County |
| J2.3. Does your State charge a fee for filing a lien? |
Yes |
| J2.4. If so, please indicate the amount. |
Varies |
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
No notice required when case is established or when the case becomes delinquent. However, two notices are required prior to freeze and seize action: 1. Notice of arrearage and 2. notice that withhold and deliver has been sent to a payor. Notice of arrearage is sent when payment on a support order is in arrears in an amount equal to more than three months support or upon request from a IV-D agency from another state, and it is determined to seize property. The Notice of Arrearage must be sent at least 30 days prior to the Freeze and Seize action. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
The state sends a second notice after the issuance of the order to withhold and deliver |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
The second notice must be sent within 5 days after the issuance of the order to withhold and deliver is sent to the financial institution. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
No minimum delinquency dollar amount. Delinquency must be an amount equal to more than 3 months support. No accounts exempted |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
|
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Approximately 15 days if there is no co-owner and if obligor does not request a hearing. If obligor and/or co-owner requests hearing, the account will be frozen until decision is rendered. |
| J5.3. 1. If yes, please provide the time frame. |
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| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
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| J5.4.1. If yes, please provide the percentage. |
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| J5.4.2 . Is the percentage different for joint accounts? |
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| J5.4.3. If yes, please provide the amount. |
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| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
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| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
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| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
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| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
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| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
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| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative. When administrative remedies are exhausted then judicial remedy is available. |
| J5.11. What are your State's penalties for incorrect seizures? |
None |
| J5.12. Is the second challenge administrative, judicial or both? |
|
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
20 days from date first notice is mailed. The first notice informs obligor that he/she is delinquent and that his/her property may be seized. 7 days from date second notice is sent. Second notice is sent after assets are frozen. Non-debtor has appeal rights. Non-debtor has 15 days to request a hearing |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Not centralized. Not automated |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
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| J5.16.1. If yes, what is the amount? |
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| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
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| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
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| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
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| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
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| J5.19.1 . If yes, please define. |
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| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Both - when administrative remedies are exhausted, then judicial. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
State Lottery Offset, both - when administrative remedies are exhausted, then judicial. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Contempt, criminal non-support. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
With regard to Interstate Liens, registration of the lien is accomplished by sending a certified copy of the order, with the appropriate filing fee, to the Clerk of the District Court in the county where the property is situated.
For Additional Information - Click Here |
| J10. Which of our state's enforcement remedies are available without registration? |
Income withholding, which includes the withholding of unemployment insurance benefits, State Lottery Offset, State Revenue Offset. |
| J11. Describe your state's registration and enforcement procedures. |
Registration - Nebraska follows UIFSA procedures for registration. Enforcement - based on county/authorized attorney's discretion. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
None |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Neb. Rev. Stat. §25-1587.01 to 25-1587.09 (1995).
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Process initiated from Interstate Case Registry. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
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| J16. Provide which credit bureaus your state report an obligor's child support information? |
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| J17. Is the method for credit bureau reporting judicial, administrative or both? |
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| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
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| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
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K. Modification and Review/Adjustment |
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| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Non-public assistance cases - only upon request and no more often than 3 years, unless the requesting party can show a substantial change in circumstances; Public assistance cases - every 3 years, unless there has been a substantial change in circumstances. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
The state IV-D agency may initiate a review, the CP NCP or guardian may request, but in all instances no more than every 3 years unless there has been a substantial change in circumstances. |
| K3. Briefly describe your State's modification procedure. |
A review of a child support order can be requested by either parent or initiated by the IV-D agency. A review and modification packet is sent to the requesting party (in agency initiated cases the packet is sent to the CP receiving public assistance) to complete and return. Once all information is received from the requesting party or, if agency initiated, the custodial parent, a notice of intent to review is sent to the non-requesting parent. The non-requesting parent has 30 days to respond. After 30 days, a review determination notice is sent to both parents stating the results of the review and whether or not the case will be referred to the county/authorized attorney. An order shall be referred to the county/authorized attorney for filing an application for modification with the court when: 1) The newly calculated support varies by 10% (upward or downward); 2) Health insurance is available to the non-custodial parent and the child or children is not covered by health insurance; and 3) Failure by a non-requesting parent to provide adequate financial information creates a rebuttable presumption. Upon receipt of the review determination notice, each parent is allowed 30 days to submit a written request for consideration stating the reasons he/she disagrees with the review determination, along with any evidence or documentation that supports his/her position. Once the 30-day reconsideration period has expired, the order is referred to the county/authorized attorney for possible modification. Once referred to the county/authorized attorney, the attorney decides whether or not he/she will file the application with the court. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
A rebuttable presumption of a material change is created when the newly calculated support and present support obligations vary by 10% and the variance is due to financial circumstances which have lasted at least 3 months and can be reasonably expected to last an additional 6 months. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
No |
| K5.6. There has been a substantial change in child care expenses. |
No |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
K.5.1. Yes, if the change results in a 10% variation (upward or downward) in the amount of support and that change has lasted at least 3 months and can be reasonably expected to last an additional 6 months. K.5.2. Yes, if the change results in a 10% variation (upward or downward) in the amount of support and that change has lasted at least 3 months and can be reasonably expected to last an additional 6 months. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
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| K7. How does your state credit SSA disability to current and past due support? |
Applied to currently support first; arrearages second; interest third |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
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| K8.1. If so, please explain the situation? |
The court may provide an adjustment in child support when visitation or parenting time substantially exceeds alternating weekends and holidays and 28 days or more in any 90-day period. |
| K8.2. What is the statutory cite for your abatement law? |
Neb. Rev. Stat. §42-364.16 (Reissue 2004) and Paragraph J of the Nebraska Child Support Guidelines.
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Nebraska Review and Modification packet is required. |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
For all Nebraska Births, except Douglas County Vital Records Management Gold's Building - Vital Stats - 1st floor P.O. Box 95065 1033 O Street, Suite 130 Lincoln NE 68509-5065 (402)471-2871 For birth in Douglas County Vital Records Management Douglas County Health Department 402 Civic Center Omaha, NE 68683 (402)444-7205 |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Child Support Enforcement Transmittal #1 -- Initial Request 1 Certified copy of all support orders and modifications Certified statement of arrears Certified month-to-month pay history |
L. Lump Sum Payments |
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| L1. Does your state define a lump sum payment? |
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| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
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| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
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| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
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| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
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| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
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| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
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| L8. Does your state use the lien/levy process to attach the lump sum payment? |
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| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
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| L9. What other documents does your state use to attach lump sum payments? |
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| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
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| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
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| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
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| L11.1 If yes, would the employer only withhold for that period's obligation? |
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