Nebraska State Law
1. General Program-At-A-Glance
1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
Seven offices. |
2. What is the name of your IV-D agency? |
Nebraska Child Support Enforcement |
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
Judicial to establish orders, various administrative procedures to enforce orders. When administrative enforcement procedures are exhausted, then judicial actions may be pursued.
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4. Does your state use the following applications: EDE, CSENET, QUICK? |
CSENET and QUICK |
2. Duration Of Support
1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
Age 19, unless the child marries, dies, or is emancipated by the court. Neb. Rev. Stat. §43-2101 see also Neb. Rev. Stat. §42-371.01
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2. 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
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
Yes, the age of emancipation at the time the order is entered governs.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
Yes. The parties must agree and it is included in the court order.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
The child emancipates before the normal duration; the child marries; the child is adopted by someone other than the noncustodial parent; the child support order states the child support ceases prior to the normal duration; the child enters into the military service prior to the normal duration.
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
No. |
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
No, it must be provided in the support order. |
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
No. |
3. Statute Of Limitations
1. What is your state's statute of limitations for the collection of past-due support? |
None.
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
Four 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.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
No.
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4. Support Details
5. Paternity/Parentage
6. Support Order Establishment
7. Income Withholding
8. Distribution
1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
No. |
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
No. |
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
PRWORA. |
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
Distribute to Nebraska first, then other state. |
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
Determined case by case using PRWORA distribution rules.
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9. Enforcement
10. Modification And Review/Adjustment
11. Lump Sum Payments
1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
Not Available, Lump Sum is only employer-related. No Statute.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
Yes. Neb. Rev. Stat. § 43-1719
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
Income withholding orders for employers; lien/levy processes for non-wage lump sum payments. |
12. Cost Recovery And Fees
1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
Yes. $35 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. |
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
Custodial Party. |
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
Yes. |
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
Nebraska imposes a $35 fee to the payee (custodial party) of a court order. The fee is collected out of support collections. |
3.1. Is it retained by the state from support collected? |
Yes. |
3.2. Is it paid by the individual applying for child support services? |
Not Available. |
3.3. Is it recovered from the noncustodial parent? |
No. |
3.4. Is it paid by the state out of its state funds? |
No. |
13. Insurance Match
1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
Nebraska has no state statue for insurance match.
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2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
The Department of the Treasury's Bureau of the Fiscal Service BFS, requires that submitted cases have an arrearage amount of at least $25 and is at least 30 days past due. BFS will not intercept a non-custodial parent's federal tax refund if the debt does not exceed the minimum requirement for federal tax refund offset at the time of the match. As a reminder, for federal tax refund offset, TANF or title IV-E foster care cases must have at least $250 in past-due support. Non-TANF or Medicaid-only cases must have at least $500 of past-due support. Nebraska processes whatever OCSE sends us on the Insurance Match file. |
3. What process does your state use to intercept insurance payments? |
Income withholding process.
For Additional Information - No Link Provided |
4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
The Initiating state should first contact the employer to verify how to process the claim, who the worker's compensation carrier is and the worker's comp claim number. The initiating state should send a Transmittal #1 requesting the collection of the worker's compensation claim, along with a certified court order, certified payment history, name of the worker's comp claim carrier and the worker's comp claim number.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
No. |
14. Family Violence
15. CSENet
1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
Yes. |
2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
Yes to both. |
3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).) |
Yes. |
4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).) |
Yes. |
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
Yes. |
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
Yes. |
16. Copies Of Orders And Payment Records
1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
Request from the District Court Clerk in the county where the order is entered.
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2. What are the procedures and associated costs for obtaining a certified payment record? |
Please contact Nebraska Child Support Enforcement at 1-800-831-4573 or email the certified payment record request to: DHHS.CSEOperations@nebraska.gov. Please include (1) full name of the parties to the court order, (2) FIPS/court order number, if FIPS unknown, provide the county name. There are no costs for a certified payment record from Nebraska Child Support Enforcement. *If there are other financial records that exists for a court order, please contact the appropriate Nebraska county Clerk of the District Court where the order is filed.
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17. Uniform Interstate Family Support Act (UIFSA)
1. What is the statutory citation for your state's enactment of UIFSA? |
Neb. Rev. Stat. §42-701 to 42-751.1
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2. How does your state define the tribunal (See UIFSA 103)? |
Please refer to Neb. Rev. Stat. §42-701
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
One set of documents are needed. |
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
It is preferred IG forms be one-sided, however not required. |
18. International - Reciprocity
1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
None at this time. |
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
No. |
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
No. |
19. International Information For Hague Convention Countries
20. International Payments
1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
If necessary, the Nebraska Child Support Payment Center (NCSPC) would use the SWIFT global provider of secure financial messaging services as well as use international wires. Paper checks can be mailed to the appropriate country. Electronic payments can be routed through a domestic financial institution and loaded to a debit card if it carries a Visa/MasterCard logo. https://childsupport.nebraska.gov/ NCSPC Customer Support (Toll-free): 1-877-631-9973 |
2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
Paying Parents: 1. Allow access to the Nebraska Child Support Payment Center (NCSPC) website for bank card payments and for ACH if debiting a domestic financial institution. 2. Encourage online bill pay if financial institution participates in online bill pay. Payments can come electronically via a variety of networks (i.e. MasterCard, FISERV, CheckFree, Metavante). 3. Pre-deposit all foreign originating checks to allow our bank to perform the exchange rate. Upon receipt, the child support account is properly credited with the correct amount credited to our bank. 4. Allow MoneyGram and Western Union payments. Parents Receiving Payments: 1. Disburse payments via three methods: (1) direct deposit to a domestic bank account, (2) direct deposit to US Bank ReliaCard, (3) Mail paper checks. 2. Promote the use our US Bank ReliaCard (must be mailed to a domestic address when coming from US Bank). Can be used worldwide where Visa is accepted. Visa will also handle the exchange rate. https://childsupport.nebraska.gov/ NCSPC Customer Support (Toll-free): 1-877-631-9973 |
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
Yes, contact the Nebraska Child Support Payment Center (NCSPC) for further information. https://childsupport.nebraska.gov/ NCSPC Customer Support (Toll-free): 1-877-631-9973 |
21. Tribal Non IV-D
1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
No. |
1.1. If yes, list the tribes and identify services provided, if less than full services. |
For Additional Information - No Link Provided |
2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
Unknown. |