Chapter 43 — INFANTS AND JUVENILES
1,209 sections in this chapter.
Neb. Rev. Stat. § 43-1712 Income withholding, defined.
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Income withholding shall mean retention of an employee's or payee's income pursuant to sections 43-1720 to 43-1723.
Neb. Rev. Stat. § 43-1712.01 Medical support, defined.
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Medical support shall have the same meaning as found in section 43-512.
Neb. Rev. Stat. § 43-1712.02 Monetary judgment, defined.
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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 relate…
Neb. Rev. Stat. § 43-1713 Obligee, defined.
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Obligee shall mean a person to whom a duty of support is owed pursuant to a support order.
Neb. Rev. Stat. § 43-1714 Obligor, defined.
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Obligor shall mean a person who owes a duty of support pursuant to a support order.
Neb. Rev. Stat. § 43-1715 Spousal support, defined.
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Spousal support shall mean alimony or maintenance support for a spouse or former spouse if the provision for support is a part of an order, decree, or judgment which provides for child support and the child and spouse or former spouse are living in the same household.
Neb. Rev. Stat. § 43-1715.01 State Disbursement Unit, defined.
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State Disbursement Unit shall have the same meaning as found in section 43-3341.
Neb. Rev. Stat. § 43-1716 Support, defined.
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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.
Neb. Rev. Stat. § 43-1717 Support order, defined.
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Support order shall mean any order, decree, or judgment for child, spousal, or medical support or for payment of any arrearage for such support issued by a court or agency of competent jurisdiction, whether issued prior to, on, or after November 16, 1985, whether for temporary or…
Neb. Rev. Stat. § 43-1718 Support order; operate as assignment of income; effect; duties.
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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 employ…
Neb. Rev. Stat. § 43-1718.01 Obligor; subject to income withholding; when; notice; alternative payment method; conditions.
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(1) In any case in which services are provided under Title IV-D of the federal Social Security Act, as amended, and a support order has been issued or modified on or after September 6, 1991, the obligor's income shall be subject to income withholding regardless of whether or not …
Neb. Rev. Stat. § 43-1718.02 Obligor; subject to income withholding; when; notice; employer or other payor; prohibited acts; violation; penalty; termination or modification; notice; enforcement.
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(1) In any case in which services are not provided under Title IV-D of the federal Social Security Act, as amended, and a support order has been issued or modified on or after July 1, 1994, the obligor's income shall be subject to income withholding regardless of whether or not p…
Neb. Rev. Stat. § 43-1719 Employer or other payor; duty to furnish information; action to enforce.
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Any employer or other payor shall respond within ten days to a written request by a county attorney, an authorized attorney, or the department for information concerning: (1) The full name of an obligor; (2) the current address of the obligor; (3) the obligor's social security nu…
Neb. Rev. Stat. § 43-1720 Notice to employer, payor, or obligor; contents.
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If the department has previously sent a notice of assignment and opportunity for hearing on the same support order under section 48-647, the county attorney, authorized attorney, or the department shall state the amount to be withheld from an obligor's disposable income pursuant …
Neb. Rev. Stat. § 43-1721 Hearing, when held.
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If the obligor requests a hearing, the department shall hold a hearing, if required by section 43-1720, within fifteen days of the date of receipt of the request, and the hearing shall be in accordance with the Administrative Procedure Act. The assignment shall be held in abeyanc…
Neb. Rev. Stat. § 43-1722 Assignment; statement of amount.
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(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…
Neb. Rev. Stat. § 43-1723 Notice to employer or other payor; contents; compliance; effect.
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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 r…
Neb. Rev. Stat. § 43-1724 Employer or other payor; failure to withhold and remit income; effect.
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Any employer or other payor who fails to withhold and remit any income of an obligor receiving income from the employer or other payor, after proper notice as provided in section 43-1723, shall be required to pay the stated amount to the State Disbursement Unit. The county attorn…
Neb. Rev. Stat. § 43-1725 Employer or other payor; prohibited actions; penalty.
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An employer or other payor shall not use an income withholding notice or order or the possibility of income withholding as a basis for (1) discrimination in hiring, (2) demotion of an employee or payee, (3) disciplinary action against an employee or payee, or (4) termination of a…
Neb. Rev. Stat. § 43-1726 Notice to withhold income; termination; exception; procedure.
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When an obligor ceases employment with or is no longer entitled to income from an employer or other payor, the notice to withhold income shall not cease to operate against the obligor and income withholding shall continue to apply to any subsequent employment or income of the obl…
Neb. Rev. Stat. § 43-1727 Income withholding notice; modification or revocation; notice.
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(1) An income withholding notice may be modified or revoked by a court of competent jurisdiction or by the county attorney, the authorized attorney, or the department as a result of a review conducted pursuant to sections 43-512.12 to 43-512.18. An income withholding notice may a…
Neb. Rev. Stat. § 43-1728 Income from another jurisdiction; withholding order; how obtained.
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(1) In any case in which the department is providing services either directly or pursuant to a contract with a county attorney or authorized attorney or (2) on application of a resident of this state, an obligee or obligor of a support order issued in this state, or an agency to …
Neb. Rev. Stat. § 43-1729 Foreign support order; acceptance; procedure.
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Upon receiving a foreign support order and the documentation specified in section 43-1730 from an agency of another jurisdiction, an obligee, an obligor, or an attorney for either, the department shall transmit such order and documents to be filed with the clerk of the district c…
Neb. Rev. Stat. § 43-1730 Entry of foreign support order; documentation required.
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The following documentation shall be required for the entry of a foreign support order: (1) A certified copy of the foreign support order with all modifications; (2) A certified copy of an income withholding order or notice, if any, still in effect; (3) A copy of the portion of t…
Neb. Rev. Stat. § 43-1731 Documentation; remedy of defects.
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If the documentation received by the department does not conform to the requirements of section 43-1730, the department shall remedy any defect which it can without the assistance of the requesting agency or person. If the department is unable to make such corrections, the reques…
Neb. Rev. Stat. § 43-1732 Foreign support order; how enforced.
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A foreign support order entered pursuant to section 43-1729 shall be enforceable by withholding from income derived in this state in the manner and with the same effect as income withholding based on a support order of this state, except that any hearing requested by the obligor …
Neb. Rev. Stat. § 43-1733 Foreign support order; income withholding notice; contents; hearing; when held.
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Unless a foreign support order requires income withholding regardless of whether or not payment pursuant to such order is in arrears, within ten days after the date a foreign support order is entered pursuant to section 43-1729 the county attorney or authorized attorney shall ser…
Neb. Rev. Stat. § 43-1734 Foreign support order; validity; prima facie evidence; allowable defenses.
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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 arreara…
Neb. Rev. Stat. § 43-1735 Foreign support order; continuance; undisputed amount; withholding.
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If the obligor presents evidence which constitutes a full or partial defense under section 43-1734, the court shall, on the request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by either party, except that if the obligor ackno…
Neb. Rev. Stat. § 43-1736 Foreign support order; discovery; testimony; evidence; voluntary testimony.
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(1) In addition to other procedural devices available to a party, any party to an income withholding proceeding based on a foreign support order or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties a…
Neb. Rev. Stat. § 43-1737 Income withholding; when effective.
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If the obligor does not request a hearing in the time provided or if the foreign support order provides for income withholding regardless of whether or not payment pursuant to such order is in arrears, the income withholding notice shall take effect and the obligor's employer or …
Neb. Rev. Stat. § 43-1738 Foreign support order entry; effect; amounts credited.
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A foreign support order entered pursuant to section 43-1729 shall not nullify and shall not be nullified by a support order made by a court of this state pursuant to any other law or by any other foreign support order. Amounts collected by any income withholding shall be credited…
Neb. Rev. Stat. § 43-1739 Foreign support order; receipt of amendment or modification; effect.
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Upon receiving a certified copy of any amendment or modification to a foreign support order entered pursuant to section 43-1729, the department shall initiate necessary procedures to amend or modify the income withholding order of this state which was based upon the foreign suppo…
Neb. Rev. Stat. § 43-1740 Foreign support order; obligor; new or additional income or employment; county or authorized attorney; duties.
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If the county attorney or authorized attorney determines that an obligor subject to a foreign support order has obtained employment in another state or has a new or additional source of income in another state, he or she shall notify the agency or person who requested the income …
Neb. Rev. Stat. § 43-1741 Foreign support order; voluntary income withholding; procedure.
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Any person who is the obligor on a foreign support order may obtain voluntary income withholding by filing with the court a request for such withholding and a certified copy of the foreign support order. The court shall issue an income withholding order pursuant to section 43-173…
Neb. Rev. Stat. § 43-1742 Foreign support order; applicability of law.
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(1) Except as provided in subsections (2) and (3) of this section, the local law of this state shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of income withholding orders issued by a court of this state based upon a foreign support o…
Neb. Rev. Stat. § 43-1743 Consent to income withholding; when allowed; procedure.
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Nothing in the Income Withholding for Child Support Act shall be construed as prohibiting a person from consenting to an income withholding order as part of a property settlement agreement incorporated into a decree dissolving a marriage or by agreement in a proceeding in the cou…
Neb. Rev. Stat. § 43-1801 Grandparent, defined.
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As used in sections 43-1801 to 43-1803, unless the context otherwise requires, grandparent shall mean the biological or adoptive parent of a minor child's biological or adoptive parent. Such term shall not include a biological or adoptive parent of any minor child's biological or…
Neb. Rev. Stat. § 43-1802 Visitation; conditions; order; modification.
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(1) A grandparent may seek visitation with his or her minor grandchild if: (a) The child's parent or parents are deceased; (b) The marriage of the child's parents has been dissolved or petition for the dissolution of such marriage has been filed, is still pending, but no decree h…
Neb. Rev. Stat. § 43-1803 Venue; petition; contents; service.
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(1) If the minor child's parent or parents are deceased or have never been married, a grandparent seeking visitation shall file a petition in the district court in the county in which the minor child resides. If the marriage of the parents of a minor child has been dissolved or a…
Neb. Rev. Stat. § 43-1901 Legislative findings.
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The Legislature hereby finds that the large number of confirmed cases of child abuse and neglect places an enormous burden upon the citizens and government of Nebraska because victimized and maltreated children often bear the scars of abuse and neglect for many years and even thr…
Neb. Rev. Stat. § 43-1902 Terms, defined.
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As used in sections 43-1901 to 43-1906, unless the context otherwise requires: (1) Board means the Nebraska Child Abuse Prevention Fund Board; (2) Department means the Department of Health and Human Services; and (3) Fund means the Nebraska Child Abuse Prevention Fund.
Neb. Rev. Stat. § 43-1903 Nebraska Child Abuse Prevention Fund Board; created; members; terms; vacancies; officers; expenses; removal.
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(1) There is hereby created within the department the Nebraska Child Abuse Prevention Fund Board which shall be composed of nine members as follows: Two representatives of the Department of Health and Human Services appointed by the chief executive officer and seven members to be…
Neb. Rev. Stat. § 43-1904 Board; powers and duties.
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The board shall have the following powers and duties: (1) To meet not less than twice annually at the call of the chairperson to conduct its official business; (2) To require that at least five of the board members approve the awarding of grants made under subdivision (3)(b) of t…
Neb. Rev. Stat. § 43-1905 Department; duties.
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The department shall: (1) Have the power to deny any grant award, or portion of such award, made by the board; (2) Review and monitor expenditures of money from the fund on a periodic basis; and (3) Submit to the Governor and the Legislature an annual report of all receipts and d…
Neb. Rev. Stat. § 43-1906 Nebraska Child Abuse Prevention Fund; established; investment; use.
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(1) There is hereby established the Nebraska Child Abuse Prevention Fund. The additional child abuse prevention fee as provided in section 33-106.03, the additional charge for supplying a certified copy of the record of any birth as provided in sections 71-612, 71-617.15, 71-627,…
Neb. Rev. Stat. § 43-2 Department of Health and Human Services; acceptance of juveniles for observation and treatment; authorized.
Neb. Rev. Stat. § 43-2001 Act, how cited.
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Sections 43-2001 to 43-2012 shall be known and may be cited as the Missing Children Identification Act.
Neb. Rev. Stat. § 43-2002 Legislative findings.
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Each year Nebraska children are reported missing. The Legislature is seeking a procedure whereby it can help locate such missing children through school records and birth certificates filed with the schools and the Department of Health and Human Services.
Neb. Rev. Stat. § 43-2003 Terms, defined.
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As used in the Missing Children Identification Act, unless the context otherwise requires: (1) County agency means any agency in a county that records and maintains birth certificates; (2) Department means the Department of Health and Human Services; (3) Missing person means a pe…