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Nebraska State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
14 offices.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Neb. Rev. Stat. 43-512.03(5)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes
A2.3. If yes, please explain.
County/Authorized Attorneys represent the interests of the State in Child Support matters.

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
Neb. Rev. Stat. 42-701 to 42-751.1
For Additional Information - No Link Provided
B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One Certified copy and one regular copy for each order.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Australia; Canadian Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Labrador, Nova Scotia, Ontario, Saskatchewan and territories of Northwest Territories, Nunavut, and Yukon; Czech Republic; El Salvador; Mexico (some states in Mexico); Newfoundland; Norway; Scotland; Switzerland
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
Australia; Canadian Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Labrador, Nova Scotia, Ontario, Saskatchewan and territories of Northwest Territories, Nunavut, and Yukon; Czech Republic; El Salvador; Mexico (some states in Mexico); Newfoundland; Norway; Scotland; Switzerland
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
We have a Memorandum of Understanding with the Winnebago Tribe in Nebraska.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

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 citation for the age of majority?
Neb. Rev. Stat. 43-2101 see also Neb. Rev. Stat. 42-371.01
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Age 19 - Neb. Rev. Stat. 42-371.01
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, 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 (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Only if parties agreed and it's 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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
No, it must be provided for in the order.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None.
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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.
For Additional Information - No Link Provided
E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared Income Model.
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F2. Does your state charge interest on 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
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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
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
$25.00 fee is assessed to the custodial party pursuant to Deficit Reduction Act of 2005. In addition there is an application fee of $1.00 that is paid by the state.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
None
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Neb. Rev. Stat. 42-705
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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, AT-11-07)
N/A
F10.1. Optional comments regarding required information on spouse or partner.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Nebraska imposes a $25 fee to the payee (custodial party) of a court order. The fee is collected out of support collections.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
No. We collect it from the payee of the court order.
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
No
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No.
F14. Does your state participate in the pass-through in former assistance cases?
No.
F14.1. If yes, provide the date.
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
NA
F15.2. When will your state discontinue each type of assignment?
NA
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA distribution for the foreseeable future.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?

For Additional Information - No Link Provided
F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Nebraska imposes a $25 fee to the payee (custodial party) of a court order. The fee is collected out of support collections.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes.
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes.

G. Income Withholding

G1. What specific source of income is not subject to withholding?
SSI, VA Disability.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Up to $2.50 per employee per calendar month.
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G4. 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.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 7 business days after the date the obligor is paid.
G6. 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.
G7. What is the penalty to an employer for failure to remit payments withheld?
It is up to the discretino of the court. Nebraska Statute states "the court may sanction an employer or other payor $25.00 per day up to $500.00 per incident for failure to comply to the proper notice.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
Nebraska does not accept direct UI income withholding across state lines.
For Additional Information - No Link Provided
G8.2. What documents are required to intercept UI benefits?
* Transmittal 1 #11 write in "UIB Only" (Do not mark Registration) * Certified Arrears Calculation for the life of the order; and * Copy of all court orders for thelife of the case.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
It Depends. Some insurance companies will accept direct income withholding, others will not.
G10. How does an obligor contest income withholding in your state?
1) If an order was entered prior to 1994 and 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.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the 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.
G11.1. 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?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Neb. Rev. Stat. 43-1718.02 (2)(I) and Neb. Rev. Stat. 43-1723-(10)
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Yes. http://www.supremecourt.ne.gov/rules/pdf/Ch4Art2.pdf
G13. When does your state require the employer to send notice of an employee's termination?
43-1723. (6) That the employer or other payor shall notify the county attorney, the authorized attorney, or the department in writing of the termination of the employment or income of the obligor, the last-known address of the obligor, and the name and address of the obligor's new employer or other payor, if known, and shall provide such written notification within thirty days after the termination of employment or income.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Not a requirement
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes, ACH Credit, ACH Debit, PayNearMe, credit and debit card payments may be made through the Nebraska Child Support Payment Center's website.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
It depends. Direct income withholding is accepted by some but not others.
For Additional Information - No Link Provided
G18. 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
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Pay current support first, then arrears.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Nebraska Administrative Code (NAC)
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
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 a 99% rebuttable presumption.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
09/09/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.

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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
By court action.
For Additional Information - No Link Provided
H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.
Yes, if the birth was after 9/9/97.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Biological Father Registry.
For Additional Information - No Link Provided
H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
None.
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
There is no provision for common law marriage in Nebraska Statues. However, if a common law marriage was contracted outside the State of Nebraska it will be given full faith and credit.
H11.2. When did your current common-law standard go into effect?
H11.3. 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. Neb Rev. Stat. 42-705
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Neb Rev. Stat. 42-705
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
If another state has an order for recovery of genetic testing costs, Nebraska will give full faith and credit.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Yes, Acknowledgement of Paternity
H16. If there is more than one child with the same custodial party 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?
One set of documents (with paternity affidavit for each child).

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined 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 a judicial process would be used?
All
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Under the Shared Income Model, both the custodial and non-custodial parent's income are considered.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Pursuant to Neb. Rev. Stat. 42-364.16, 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.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Retroactive to the date of birth at the court's discretion. 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.
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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, specify those limitations.
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? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Paternity can be established through the Hospital Paternity Acknowledgment Program. There is no administrative establishment or modification process. Various administrative enforcement actions are used.
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I6. What is your state's statutory authority for the administrative process?
Neb. Rev. Stat. 43-1408.01 (Reissue 2004) for paternity acknowledgement. Sections 43-1701 to 43-1743 for Income Withholding, Sections 43-3328 to 43-3339 for Financial Institution data match
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes, Neb.Rev.Stat. 43-3327
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
Yes
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
Yes
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Yes, if legal custody was addressed in the original order.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Yes, legal custody must be established before support can be redirected to the new payee. This is not addressed in statute but is a policy requirement.
I14. What methods of personal service does your state use? **
Forward documents needing to be served to the sheriff or other public official Forward documents needing to be served to a private contractor Other, please specify: Publications.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child Care Expenses Extra-curricular activities Attorney's fees Cash medical support Extraordinary expenses - Cash medical support
I17. Please provide the relevant statutory or case law citation. **
See link below.
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The use of mediation, conciliation, or similar processes depends upon the facts of the case. Specify, Mediation is mandatory in all divorce cases.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
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
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J2.2. Where are your state liens filed?
County
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, 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 an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent 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
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the 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.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
No minimum delinquency dollar amount. Delinquency must be an amount equal to more than 3 months support.
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J5.3. Is there a specified amount of time of delinquency required 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.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
NA
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
NA
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
NA
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
An obligor receiving a notice of arrearage may send a written request for a hearing to the Department of Health and Human Services. The request must be postmarked within 20 days after the date the notice of arrearage is mailed.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
Any person claiming an ownership interest in any property sought to be reached may request a hearing to establish that the property or any portion of the property is not the obligors by sending a written request to the Department within 15 days after the date of the notice to other persons with an ownership interest.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
The administrative hearing request must be based upon a mistake of fact. A mistake of fact is: 1. An error in the amount of the arrearage; or 2. An error in the identity of the obligor.
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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?
When administrative remedies are exhausted then judicial remedy is available.
J5.13. What is 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?
No
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
No
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
No required time frame
For Additional Information - No Link Provided
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. Describe any other administrative enforcement procedures your state may have.
State Lottery offset, License suspension (driver's, recreational, Professional) and Unclaimed Property offset.
J8. 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 - exit disclaimer
J10. Which of your state's enforcement remedies are available without judicial actions?
Income withholding, which includes the withholding of unemployment insurance benefits, State Lottery Offset, State Revenue Offset.
J11. Describe your state's procedures for registering and enforcing another state's order.
Registration - Nebraska follows UIFSA procedures for registration. Enforcement - based on county/authorized attorney's discretion.
J12. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
Neb. Rev. Stat. 25-1587.01 to 25-1587.09
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
$500 delinquent
J15. To which credit bureaus does your state report an obligor's child support information?
Trans Union, Equifax, Experian and Innovis.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Adminstrative. When administrative remedies are exhausted then judicial remedy is available.
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
MSFIDM
J19. What documentation does your state require to proceed with an AEI request?
Transmittal #1, certified court order, certified payment history, financial institution name and account number.
J20. What mandatory data elements does your state need to process AEI requests?

For Additional Information - http://www.acf.hhs.gov/programs/css/resource/implementing-section-466a14-of-the-social-security-act
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
One set of Documents.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
N/A
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Process initiated from Interstate Case Registry. Required: Transmittal 1; Certified arrears calculation for life of order; All certified court orders for the life of the case; Name of financial institution; Bank account number; The other State caseworker must be willing to participate in an administrative hearing if the non-custodial parent appeals; and The other state must be willing to enter into a payment plan with the non-custodial parent to stop the process.
J25. What is the procedure for obtaining a certified copy of a court order?
Request from the District Court Clerk in the county where the order is entered.
J26. What is the procedure for obtaining a certified payment record?
Transmittal #3.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
There is no cost for a certified paymement recored. There may be a cost for a certified court order.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
A non-custodial parent's license may be suspended when they are delinquent in an amount equal to the support due for more than a three month period. In low income or hardship cases, the financial circumstances of a non-custodial parent may be reviewed on a case by case basis and determine if license suspension is appropriate, or if entering into a payment plan agreement, adjust the payment to a lower amount.
J29. What triggers a driver's license revocation?
Delinquent in an amount equal to the support due for more than a three month period.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
Delinquent in an amount equal to the support due for more than a three month period.
J30. Under what conditions may a noncustodial party restore the driver's license?
Pay current and all past due support or enter into a payment plan agreement.
J30.1 What is the process for restoring a driver's license?
Child Support will provide a Confirmation of Compliance. The non-custodial parent will need to contact the Nebraska Department of Motor Vehicles (DMV) on how to get their driver's license reinstated. The non-custodial parent will be required to pay a reinstatement fee to the DMV.
J31. Does your state allow temporary or conditional driver's licenses?
J31.1 If yes, what are the conditions?
Please refer to Nebraska DMV: http://www.dmv.nebraska.gov/
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
$150 for TANF cases, $500 for non TANF cases
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes - if Nebraska state debt exists on the case.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
Yes
J36.2 What is the dollar amount?
$150 for TANF cases, $500 for non TANF cases.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes, if Nebraska state debt exists on the case.
J38.2 What is the dollar amount?
$150 for TANF cases, $500 for non TANF cases.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
Yes, if Nebraska state debt exists on the case and it meets the $2500 threshold criteria.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes, if Child Support Enforcement receives a court order with credit language.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, 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.
For Additional Information - No Link Provided
K2. 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 and/or cash medical support is available at reasonable cost to either party; 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.
K3. What are your criteria for modification (for example, $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 has lasted at least 3 months and can be expected to last an additional 6 months.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
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.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
K6. How does your state credit SSA disability to current and past-due support?
Applied to current support first; arrearages second; interest third.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
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.
K7.2. What is the statutory citation for your abatement law?
Neb. Rev. Stat. 42-364.16 and Paragraph J of the Nebraska Child Support Guidelines.
For Additional Information - exit disclaimer
K7.3. What documents does your state require 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.
For Additional Information - No Link Provided
K7.4. What information does your state need 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 - 1st floor P.O. Box 95065 1033 O Street, Suite 130 Lincoln NE 68509-5065 (402)471-2871 For births in Douglas County Vital Records Management Douglas County Health Department 402 Civic Center Omaha, NE 68683 (402)444-7205.
K8. What information does your state require 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.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Yes.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child emancipates before the normal duration. The child marries. The child is adopted by someone other than the non-custodial parent. The child support order states that child support ceases prior to the normal duration. The child enters into military service prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
NA
L1.2 Provide the statutory citation.
NA
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
Neb. Rev. Statute 43-1719
For Additional Information - exit disclaimer
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
None
L4. How are employers instructed to report a pending lump sum?
Instructions are given upon request.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
None
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
County/Authorized Child support attorneys may utilize the lien process as stated in Neb. Rev. Statute 25-1022 to 25-1055 There is no document; a child support judgment in Nebraska automatically creates a lien.
L8. What other documents does your state use to attach lump sum payments?
County/Authorized Child support attorneys may utilize the lien process as stated in Neb. Rev. Statute 25-1022 to 25-1055 There is no document; a child support judgment in Nebraska automatically creates a lien.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
NA
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
NA
L9.4. If no, what percentage is the employer required to withhold?
In accordance with CCPA.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
USBank
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
USBank
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No. The state has a contract with USBank. Other agencies us the ReliaCard, but each agency has their own separate card.
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
Yes
L15. How does your state collect child support payments from an obligor? **
Payments must be made to central location. Payment may be made by preauthorized withdrawal from a financial institution account. Payments may be made by income withholding. Payments may be made by check or warrant. Payments may be made by credit card. Payments may be made by electronic funds transfer. Payments may be made in cash.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check. EFT if the custodial parent has a United States bank account. ReliaCard.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - No Link Provided
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
NA
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
No
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
NA
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
N/A
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
43-1719
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
Nebraska sends an IWO to the NCP and the insurance agency at the same time.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Child Support Enforcement notification is the Income Withholding Form.
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Neb. Rev. Statute 43-1723
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
No
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Directly with the Worker's Compensation agency.
M7.1. What is the process, the points of contact, and what forms?
N/A

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes