At any hearing contesting a proposed income withholding based on a foreign support order entered under section 43-1729, the entered order, the certified copy of an income withholding order or notice, if any, still in effect, and the sworn or certified statement concerning arrearages and any assignment of rights shall constitute prima facie evidence, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.

Terms Used In Nebraska Statutes 43-1734

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreign support order: shall mean a support order issued by a court or agency of another jurisdiction. See Nebraska Statutes 43-1710
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Obligee: shall mean a person to whom a duty of support is owed pursuant to a support order. See Nebraska Statutes 43-1713
  • Obligor: shall mean a person who owes a duty of support pursuant to a support order. See Nebraska Statutes 43-1714
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • 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
  • Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801

Once a prima facie case has been established, the obligor may raise only the following defenses:

(1) That withholding is not proper because of a mistake of fact, that is not res judicata, concerning matters such as an error in the amount of current support owed or the arrearage that has accrued, mistaken identity of the obligor, or error in the amount of income to be withheld;

(2) That the court or agency which issued the support order lacked personal jurisdiction over the obligor;

(3) That the support order was obtained by fraud; or

(4) That the statute of limitations, as provided in subsection (3) of section 43-1742, precludes enforcement of all or part of the arrearages.

The burden shall be on the obligor to establish such defenses.

Source

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