Nebraska Statutes 43-1718. Support order; operate as assignment of income; effect; duties
A support order shall constitute and shall operate as an assignment, to the State Disbursement Unit, of that portion of an obligor‘s income as will be sufficient to pay the amount ordered for child, spousal, or medical support and shall be binding on any existing or future employer or other payor of the obligor. The assignment shall take effect as provided in section 43-1718.01 or 43-1718.02 or on the date on which the payments are delinquent in an amount equal to the support due and payable for a one-month period of time, whichever is earlier. No obligor whose child support payments are automatically withheld from his or her paycheck shall be regarded or reported as being delinquent or in arrears if (1) any delinquency or arrearage is solely caused by a disparity between the schedule of the obligor’s regular pay dates and the scheduled date the support is due, (2) the total amount of support to be withheld from the paychecks of the obligor and the amount ordered by the support order are the same on an annual basis, and (3) the automatic deductions for support are continuous and occurring.
Terms Used In Nebraska Statutes 43-1718
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Child support: shall mean support for one or more children. See Nebraska Statutes 43-1705
- Department: shall mean the Department of Health and Human Services. See Nebraska Statutes 43-1706
- Employer or other payor: shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department or agency of the state or federal government in possession of income and shall include an obligor if he or she is self-employed. See Nebraska Statutes 43-1709
- Income: shall mean (1) compensation paid, payable, due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and dividends, and (2) any other income from whatever source derived. See Nebraska Statutes 43-1711
- Income withholding: shall mean retention of an employee's or payee's income pursuant to sections 43-1720 to 43-1723. See Nebraska Statutes 43-1712
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligor: shall mean a person who owes a duty of support pursuant to a support order. See Nebraska Statutes 43-1714
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Support: shall mean the providing of necessary shelter, food, clothing, care, medical support, medical attention, education expenses, funeral expenses, or any other reasonable and necessary expense. See Nebraska Statutes 43-1716
An assignment shall have priority as against any attachment, execution, or other assignment unless otherwise specifically ordered by a court of competent jurisdiction.
The Title IV-D Division of the Department of Health and Human Services or its designee shall be responsible for administering income withholding. In administering income withholding, the Title IV-D Division or its designee shall keep accurate records to document, track, and monitor support payments.