(1) If no hearing is requested by the obligor, (2) if after a hearing the department determines that the assignment should go into effect, (3) in cases in which the court has ordered income withholding pursuant to subsection (1) of section 43-1718.01, or (4) in cases in which the court has ordered income withholding pursuant to section 43-1718.02, which case subsequently becomes one in which services are being provided under Title IV-D of the federal Social Security Act, as amended, the county attorney, the authorized attorney, or the department shall state the amount to be withheld from the obligor’s disposable income. Such amount shall not in any case exceed the maximum amount permitted to be withheld under section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. § 1673(b)(2)(A) and (B), and the amount withheld, including interest, to satisfy an arrearage of child, spousal, or medical support or any monetary judgment when added to the amount withheld to pay current support and the fee provided for in section 43-1723 shall not exceed such maximum amount.

Terms Used In Nebraska Statutes 43-1722

  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Authorized attorney: shall mean an attorney (1) employed by the county subject to the approval of the county board, (2) employed by the Department of Health and Human Services, or (3) appointed by the court, who is authorized to investigate and prosecute child, spousal, and medical support cases. See Nebraska Statutes 43-1704
  • Department: shall mean the Department of Health and Human Services. See Nebraska Statutes 43-1706
  • Disposable income: shall mean that part of the income of any individual remaining after the deduction from such income of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to the Income Withholding for Child Support Act or those provisions of law allowing garnishment, attachment, or execution. See Nebraska Statutes 43-1707
  • 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
  • Monetary judgment: shall mean a monetary judgment against an obligor that is unsatisfied and is owed to the federal or state governmental unit in a case in which services are being provided under Title IV-D of the federal Social Security Act, as amended, and the judgment is related to the support of a child. See Nebraska Statutes 43-1712.02
  • 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
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