Nebraska Statutes 43-1723. Notice to employeror other payor; contents; compliance; effect
Except as otherwise provided in this section, the county attorney, the authorized attorney, or the department shall notify the obligor‘s employer or other payor, by first-class mail or by electronic means, within the time determined by the department which shall comply with the requirements of Title IV-D of the federal Social Security Act, as amended. The notice shall specify the basis for the assignment of income and shall direct:
Terms Used In Nebraska Statutes 43-1723
- 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
- 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
- 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
- Employee or payee: shall mean any person who is compensated by or receives income from an employer or other payor, regardless of how such income is denominated. See Nebraska Statutes 43-1708
- 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
- 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
- Month: shall mean calendar month. See Nebraska Statutes 49-801
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
(1) That the employer or other payor shall withhold from the obligor’s disposable income the amount stated by the county attorney, the authorized attorney, or the department for the purpose of reducing and satisfying the obligor’s (a) previous arrearage in child, spousal, or medical support payments arising from the obligor’s failure to fully comply with a support order previously entered, (b) ongoing obligation for support payments as they become due, and (c) then any monetary judgment;
(2) That the employer or other payor shall implement income withholding no later than the first pay period that begins following the date on the notice;
(3) That the employer or other payor shall pay to the obligor, on his or her regularly scheduled payday, such income then due which is not stated to be withheld pursuant to section 43-1722 or any court order;
(4) That the employer or other payor may assess an additional administrative fee from the obligor’s disposable income not to exceed two dollars and fifty cents in any calendar month as compensation for the employer’s or other payor’s reasonable cost incurred in complying with the notice;
(5) That the employer or other payor shall remit, within seven days after the date the obligor is paid and in the manner specified in the notice, the income withheld, less the deduction allowed as an administrative expense by subdivision (4) of this section, to the State Disbursement Unit as designated in the notice and shall notify the unit of the date such income was withheld;
(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;
(7) That income withholding is binding on the employer or other payor until further notice by the county attorney, the authorized attorney, or the department;
(8) That the employer or other payor may combine amounts required to be withheld from the income of two or more obligors in a single payment to the unit as designated in an income withholding notice if the portion of the single payment which is attributable to each individual obligor is separately identified;
(9) That an employer or other payor who fails to withhold and remit income of an obligor after receiving proper notice or who discriminates, demotes, disciplines, or terminates an employee or payee after receiving an income withholding notice shall be subject to the penalties prescribed in sections 43-1724 and 43-1725 ; and
(10) That if the employer or other payor receives more than one notice to withhold income of a single obligor and the amount of income available to be withheld pursuant to the limits specified in section 43-1722 is insufficient to satisfy the total support amount stated in the notices, the income available shall first be applied to current support. If the total amount of income available to be withheld is insufficient to satisfy the total amount of current support stated by the notices, the employer or other payor shall withhold for each notice the proportion that the amount of the current support stated in such notice bears to the total amount of current support stated in all notices received for the obligor. Any remaining income available to be withheld after current support is satisfied for all notices shall be applied to arrearages. If arrearages are stated in more than one notice, the employer or other payor shall withhold for each notice the proportion that the amount of the arrearage stated in such notice bears to the total amount of arrearage stated in all notices received for the obligor. Any income available to be withheld after the obligor’s support obligation is current shall be applied to any monetary judgment. If a monetary judgment is stated in more than one notice, the employer or other payor shall withhold for each notice the proportion that the amount of the monetary judgments stated in such notice bears to the total amount of monetary judgments stated in all notices received for the obligor.
Compliance with the order by the employer or other payor shall operate as a discharge of the employer’s or other payor’s liability to the obligor as to the portion of the obligor’s income withheld. The county attorney, the authorized attorney, or the department need not notify the Commissioner of Labor as a payor if the commissioner is withholding for child support from the obligor under section 48-647 for the same support order.