reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1416 - Genetic tests; chain of custody; competent evidence.

43-1416.
Genetic tests; chain of custody; competent evidence.
The chain of custody of blood or tissue specimens shall be competent evidence and admissible by stipulation or by a verified written report, without the need for foundation testimony or other proof of authenticity, unless a timely written request for testimony is made at least thirty days prior to trial.
Source
Laws 1984, LB 845, § 3;
Laws 1994, LB 1224, § 63.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1417 - Additional genetic testing; when.

43-1417.
Additional genetic testing; when.
If the result of genetic testing or the expert's analysis of inherited characteristics is disputed, the court, upon reasonable request of a party, shall order that additional testing be done by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.
Source
Laws 1984, LB 845, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1418 - Genetic testing; costs.

43-1418.
Genetic testing; costs.
In cases where the court orders genetic testing at the request of a party, the requesting party shall initially pay such expense. In cases where the court orders genetic testing in the absence of a request of any party, the assessment of the cost of such testing shall be determined by the court. Whenever the disputing party prevails, the costs shall be borne by the other party.
Source
Laws 1984, LB 845, § 5.
Annotations
It is within the discretion of the trial judge in a paternity action to determine costs if the disputing party loses. Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1501 - Act, how cited.

43-1501.
Act, how cited.
Sections 43-1501 to 43-1517 shall be known and may be cited as the Nebraska Indian Child Welfare Act.
Source
Laws 1985, LB 255, § 1;
Laws 2015, LB566, § 4.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
A party to a proceeding who seeks to invoke a provision of the Nebraska Indian Child Welfare Act has the burden to show that the act applies in the proceedings. In re Interest of A.M., C.M., and L.M., 235 Neb. 506, 455 N.W.2d 572 (1990).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1502 - Purpose of act.

43-1502.
Purpose of act.
The purpose of the Nebraska Indian Child Welfare Act is to clarify state policies and procedures regarding the implementation by the State of Nebraska of the federal Indian Child Welfare Act. It shall be the policy of the state to cooperate fully with Indian tribes in Nebraska in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced. This cooperation includes recognition by the state that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the Indian child is in the physical or legal custody of a parent, an Indian custodian, or an Indian extended family member at the commencement of an Indian child custody proceeding or the Indian child has resided or is domiciled on an Indian reservation. The state is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices consistent with the federal Indian Child Welfare Act and other applicable law designed to prevent the Indian child's voluntary or involuntary out-of-home placement.
Source
Laws 1985, LB 255, § 2;
Laws 2015, LB566, § 5.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1505.01 - Notice of involuntary proceeding in state court; contents; filing with court.

43-1505.01.
Notice of involuntary proceeding in state court; contents; filing with court.
(1) Notice of an involuntary proceeding in state court involving an Indian child shall conform with the requirements of 25 C.F.R. 23.11 and shall contain the following additional information, to the extent it is known, and if this additional information is unknown, a statement indicating what attempts have been made to locate the information:
(a) The name and last-known address of the Indian child;
(b) The name and address of the Indian child's parents, paternal and maternal grandparents, and Indian custodians, if any;
(c) The tribal affiliation of the parents of the Indian child or, if applicable, the Indian custodians;
(d) A statement as to whether the Indian child's residence or domicile is on the tribe's reservation;
(e) An identification of any tribal court order affecting the custody of the Indian child to which a state court may be required to accord full faith and credit; and
(f) A copy of the motion for foster care placement of the Indian child and any accompanying affidavits in support thereof if such documents exist.
(2) A copy of the notice of an involuntary proceeding in state court involving an Indian child, as described in subsection (1) of this section, shall be filed with the court within three days after issuance.
Source
Laws 2015, LB566, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1507 - Petition to invalidate actions in violation of law.

43-1507.
Petition to invalidate actions in violation of law.
Any Indian child who is the subject of any action for foster care placement or termination of parental rights under state law, any parent or Indian custodian from whose custody such child was removed, and the Indian child's primary tribe may petition any court of competent jurisdiction to invalidate such action upon a showing that such action violated any provision of sections 43-1504 to 43-1506.
Source
Laws 1985, LB 255, § 7;
Laws 2015, LB566, § 11.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
A juvenile court's having jurisdiction over the parties and the subject matter constitutes a court of competent jurisdiction within the meaning of this section. In re Interest of Ramon N., 18 Neb. App. 574, 789 N.W.2d 272 (2010).
The absence of language in the petition implicating the Nebraska Indian Child Welfare Act did not support invalidating the adjudication where there was no appeal from the adjudication order. In re Interest of Ramon N., 18 Neb. App. 574, 789 N.W.2d 272 (2010).
An order denying a petition to invalidate pursuant to this section and motion to dismiss is a final order for purposes of section 25-1902. In re Interest of Enrique P. et al., 14 Neb. App. 453, 709 N.W.2d 676 (2006).
Juvenile court's denial of motion to invalidate affirmed under harmless error analysis. In re Interest of Enrique P. et al., 14 Neb. App. 453, 709 N.W.2d 676 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1509 - Return of custody; removal from foster care; procedures.

43-1509.
Return of custody; removal from foster care; procedures.
(1) Notwithstanding any other state law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant such petition unless there is a showing, in a proceeding subject to the provisions of section 43-1505, that such return of custody is not in the best interests of the Indian child.
(2) Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care, preadoptive, or adoptive placement, such placement shall be in accordance with the Nebraska Indian Child Welfare Act, except in the case in which an Indian child is being returned to the parent or Indian custodian from whose custody the child was originally removed.
Source
Laws 1985, LB 255, § 9;
Laws 2015, LB566, § 13.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1510 - Adopted individual; access to information.

43-1510.
Adopted individual; access to information.
Upon application by an Indian individual who has reached the age of eighteen and who was the subject of an adoptive placement, the court which entered the final decree shall inform such individual of the tribal affiliation, if any, of the individual's biological parents and provide such other information as may be necessary to protect any rights flowing from the individual's tribal relationship.
Source
Laws 1985, LB 255, § 10.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1511 - Agreements with state agencies; authorized.

43-1511.
Agreements with state agencies; authorized.
(1) The appropriate departments and agencies of this state are authorized to enter into agreements with Indian tribes respecting care and custody of Indian children and jurisdiction over child custody proceedings, including agreements which may provide for orderly transfer of jurisdiction on a case-by-case basis and agreements which provide for concurrent jurisdiction between the state and Indian tribes.
(2) Such agreements may be revoked by either party upon one hundred and eighty days' written notice to the other party. Such revocation shall not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise.
Source
Laws 1985, LB 255, § 11.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1512 - Improper removal from custody; effect.

43-1512.
Improper removal from custody; effect.
When any petitioner in an Indian child custody proceeding before a state court has improperly removed the child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over such petition and shall forthwith return the child to his or her parent or Indian custodian unless returning the child to his or her parent or custodian would subject the child to a substantial and immediate danger or threat of such danger.
Source
Laws 1985, LB 255, § 12.
Annotations
In a child custody proceeding involving an Indian child, this section applies only when "any petitioner" improperly removes or retains custody of the Indian child; it does not apply where a court order brings about the removal of the Indian child and a petitioner merely follows that order. In re Guardianship of Eliza W., 304 Neb. 995, 938 N.W.2d 307 (2020).
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1513 - Higher federal standard of protection; when applicable.

43-1513.
Higher federal standard of protection; when applicable.
In any case when federal law applicable to a child custody proceeding provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under the Nebraska Indian Child Welfare Act, the state court shall apply the federal standard.
Source
Laws 1985, LB 255, § 13.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1514 - Emergency removal or placement of child; appropriate action; hotline representative; duty.

43-1514.
Emergency removal or placement of child; appropriate action; hotline representative; duty.
(1) Nothing in the Nebraska Indian Child Welfare Act shall be construed to prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from his or her parent or Indian custodian or the emergency placement of such child in a foster home or institution, under applicable state law, in order to prevent imminent physical damage or harm to the child. The state authority, official, or agency involved shall insure that the emergency removal or placement terminates immediately when such removal or placement is no longer necessary to prevent imminent physical damage or harm to the child and shall expeditiously initiate a child custody proceeding subject to the provisions of the Nebraska Indian Child Welfare Act, transfer the child to the jurisdiction of the appropriate Indian tribe or tribes, or restore the child to the parent or Indian custodian, as may be appropriate.
(2) During the course of each intake received by the statewide child abuse and neglect hotline provided by the Department of Health and Human Services, the hotline representative shall inquire as to whether the person calling the hotline believes one of the parties involved may be an Indian child or Indian person. If the hotline representative has any reason to believe that an Indian child or Indian person is involved in the intake, the representative shall immediately document the information and inform his or her supervisor.
Source
Laws 1985, LB 255, § 14;
Laws 2015, LB566, § 14.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1515 - Applicability of act; exceptions.

43-1515.
Applicability of act; exceptions.
None of the provisions of the Nebraska Indian Child Welfare Act, except subsection (1) of section 43-1504 and section 43-1511, shall affect a proceeding under state law for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement which was initiated or completed prior to one hundred and eighty days after November 8, 1978, but shall apply to any subsequent proceeding in the same matter or subsequent proceedings affecting the custody or placement of the same child.
Source
Laws 1985, LB 255, § 15.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1516 - Adoptive placement; information made available.

43-1516.
Adoptive placement; information made available.
Any state court entering a final decree or order in any Indian child adoptive placement after September 6, 1985, shall provide the secretary with a copy of such decree or order together with such other information as may be necessary to show:
(1) The name and tribal affiliation of the child;
(2) The names and addresses of the biological parents;
(3) The names and addresses of the adoptive parents; and
(4) The identity of any agency having files or information relating to such adoptive placement.
When the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include such affidavit with the other information.
Source
Laws 1985, LB 255, § 16.
Annotations
The lower standard of proof under subsection (3) of section 43-279.01 for the termination of parental rights to non-Indian children, as opposed to the higher standard of proof under the Nebraska Indian Child Welfare Act does not violate the equal protection rights of parents of non-Indian children. In re Interest of Phoenix L. et al., 270 Neb. 870, 708 N.W.2d 786 (2006).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1517 - Rules and regulations.

43-1517.
Rules and regulations.
The department or the state, in consultation with Indian tribes, shall adopt and promulgate rules and regulations to establish standards and procedures for the department's or the state's review of cases subject to the Nebraska Indian Child Welfare Act and methods for monitoring the department's or the state's compliance with the federal Indian Child Welfare Act and the Nebraska Indian Child Welfare Act. The standards and procedures and the monitoring methods shall be integrated into the department's or the state's structure and plan for the federal government's child and family service review process and any program improvement plan resulting from that process.
Source
Laws 2015, LB566, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1608 - Legislative findings.

43-1608.
Legislative findings.
The Legislature finds that matters relating to the establishment, modification, and enforcement of child, spousal, or medical support should be handled by the district courts, separate juvenile courts, and county courts in an expeditious manner so that parties may obtain needed orders and other action as quickly as possible.
Source
Laws 1989, LB 265, § 1;
Laws 1991, LB 715, § 20;
Laws 2008, LB1014, § 48.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1609 - Child support referee; appointment; when; qualifications; oath or affirmation; removal; contracts authorized.

43-1609.
Child support referee; appointment; when; qualifications; oath or affirmation; removal; contracts authorized.
(1) Child support referees shall be appointed when necessary by the district courts, separate juvenile courts, and county courts to meet the requirements of federal law relating to expediting the establishment, modification, enforcement, and collection of child, spousal, or medical support and protection orders issued under section 42-924.
(2) Child support referees shall be appointed by order of the district court, separate juvenile court, or county court. The Supreme Court shall appoint child support referees to serve more than one judicial district if the Supreme Court determines it is necessary.
(3) To be qualified for appointment as a child support referee, a person shall be an attorney in good standing admitted to the practice of law in the State of Nebraska and shall meet any other requirements imposed by the Supreme Court. A child support referee shall be sworn or affirmed to well and faithfully hear and examine the cause and to make a just and true report according to the best of his or her understanding. The oath or affirmation may be administered by a district, county, or separate juvenile court judge. A child support referee may be removed at any time by the appointing court.
(4) The Supreme Court may contract with an attorney to perform the duties of a referee for a specific case or for a specific amount of time or may direct a judge of the county court to perform such duties.
Source
Laws 1989, LB 265, § 2;
Laws 1991, LB 715, § 21;
Laws 2008, LB1014, § 49;
Laws 2017, LB289, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1610 - Salaries, offices, staff, equipment.

43-1610.
Salaries, offices, staff, equipment.
Salaries, offices, support staff, equipment, furnishings, and supplies for a child support referee shall be provided by the county and state through funds appropriated by the county and state to the district court, separate juvenile court, and county court. If the Supreme Court appoints a referee to serve in more than one judicial district pursuant to section 43-1609, the salary and necessary travel expenses of the referee shall be paid by funds appropriated by the state to the Supreme Court.
Source
Laws 1989, LB 265, § 3;
Laws 1991, LB 715, § 22;
Laws 2008, LB1014, § 50.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1611 - Support and paternity matters; protection orders; referral or assignment.

43-1611.
Support and paternity matters; protection orders; referral or assignment.
A district court, separate juvenile court, or county court may by rule or order refer or assign any and all matters regarding the establishment, modification, enforcement, and collection of child, spousal, or medical support, paternity matters, and protection orders issued under section 42-924 to a child support referee for findings and recommendations.
Source
Laws 1989, LB 265, § 4;
Laws 1991, LB 715, § 23;
Laws 2008, LB1014, § 51;
Laws 2017, LB289, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1612 - Hearing; procedure.

43-1612.
Hearing; procedure.
(1) A hearing before a child support referee shall be conducted in the same manner as a hearing before the district court, separate juvenile court, or county court. A child support referee shall have the power to summon and enforce the attendance of parties and witnesses, administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery adopted pursuant to section 25-1273.01, grant continuations and adjournments, recommend the appointment of counsel for indigent parties, and carry out any other duties permitted by law and assigned by the district court, separate juvenile court, or county court.
(2) Testimony in matters heard by a child support referee shall be preserved by tape recording or other prescribed measures and in accordance with prescribed standards. Transcripts of all hearings shall be available upon request and all costs of preparing the transcript shall be paid by the party for whom it is prepared.
(3) A child support referee shall, in all cases, announce orally his or her findings and recommendations to the parties or their attorneys and submit a written report to the district court, separate juvenile court, or county court containing findings of fact and recommendations and any and all exceptions.
Source
Laws 1989, LB 265, § 5;
Laws 2008, LB1014, § 52.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1613 - Findings and recommendations; exceptions; review by court.

43-1613.
Findings and recommendations; exceptions; review by court.
In any and all cases referred to a child support referee by the district court, separate juvenile court, or county court, the parties shall have the right to take exceptions to the findings and recommendations made by the referee and to have a further hearing before such court for final disposition. The court upon receipt of the findings, recommendations, and exceptions shall review the child support referee's report and may accept or reject all or any part of the report and enter judgment based on the court's own determination.
Source
Laws 1989, LB 265, § 6;
Laws 2008, LB1014, § 53.
Annotations
When a referee makes a report and no exception is filed, the district court reviews the referee's report de novo on the record; however, if an exception is filed, the party filing an exception is entitled to a hearing and the district court as a court of equity has the discretion to allow the presentation of new or additional evidence at an exception hearing. State on behalf of Lockwood v. Laue, 24 Neb. App. 909, 900 N.W.2d 582 (2017).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1701 - Act, how cited.

43-1701.
Act, how cited.
Sections 43-1701 to 43-1743 shall be known and may be cited as the Income Withholding for Child Support Act.
Source
Laws 1985, Second Spec. Sess., LB 7, § 21;
Laws 1991, LB 457, § 17;
Laws 1994, LB 1224, § 64;
Laws 2000, LB 972, § 19;
Laws 2010, LB712, § 27.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1702 - Purpose of act.

43-1702.
Purpose of act.
It is the intent of the Legislature to encourage the use of all proven techniques for the collection of child, spousal, and medical support and monetary judgments. While income withholding is the preferred technique, other techniques such as liens on property and contempt proceedings should be used when appropriate. The purpose of the Income Withholding for Child Support Act is to provide a simplified and relatively automatic procedure for implementing income withholding in order to guarantee that child, spousal, and medical support obligations and monetary judgments are met when income is available for that purpose, to encourage voluntary withholding by obligors, and to facilitate the implementation of income withholding based on foreign support orders.
Source
Laws 1985, Second Spec. Sess., LB 7, § 22;
Laws 1991, LB 457, § 18;
Laws 2010, LB712, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1703 - Definitions, where found.

43-1703.
Definitions, where found.
For purposes of the Income Withholding for Child Support Act, unless the context otherwise requires, the definitions found in sections 43-1704 to 43-1717 shall be used.
Source
Laws 1985, Second Spec. Sess., LB 7, § 23;
Laws 1991, LB 457, § 19;
Laws 2000, LB 972, § 20;
Laws 2010, LB712, § 29.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1704 - Authorized attorney, defined.

43-1704.
Authorized attorney, defined.
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. An authorized attorney shall represent the state as provided in section 43-512.03.
Source
Laws 1985, Second Spec. Sess., LB 7, § 24;
Laws 1987, LB 573, § 3;
Laws 1991, LB 457, § 20;
Laws 1994, LB 1224, § 65;
Laws 1996, LB 1044, § 202;
Laws 1997, LB 307, § 78.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1706 - Department, defined.

43-1706.
Department, defined.
Department shall mean the Department of Health and Human Services.
Source
Laws 1985, Second Spec. Sess., LB 7, § 26;
Laws 1996, LB 1044, § 203;
Laws 1997, LB 307, § 79.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1707 - Disposable income, defined.

43-1707.
Disposable income, defined.
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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 27.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1708 - Employee or payee, defined.

43-1708.
Employee or payee, defined.
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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 28;
Laws 1991, LB 457, § 21;
Laws 1993, LB 523, § 12.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1709 - Employer or other payor, defined.

43-1709.
Employer or other payor, defined.
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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 29;
Laws 1991, LB 457, § 22;
Laws 1993, LB 121, § 217.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1711 - Income, defined.

43-1711.
Income, defined.
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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 31;
Laws 1993, LB 523, § 13.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1712 - Income withholding, defined.

43-1712.
Income withholding, defined.
Income withholding shall mean retention of an employee's or payee's income pursuant to sections 43-1720 to 43-1723.
Source
Laws 1985, Second Spec. Sess., LB 7, § 32;
Laws 1993, LB 523, § 14.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1712.02 - Monetary judgment, defined.

43-1712.02.
Monetary judgment, defined.
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. Monetary judgment includes, but is not limited to, the cost of genetic testing that the obligor has been ordered to pay by a court, plus any accumulated interest on the judgment under sections 45-103 to 45-103.04, whether the order was issued prior to, on, or after July 15, 2010.
Source
Laws 2010, LB712, § 30.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1715 - Spousal support, defined.

43-1715.
Spousal support, defined.
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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 35.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1716 - Support, defined.

43-1716.
Support, defined.
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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 36;
Laws 1991, LB 457, § 24.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1717 - Support order, defined.

43-1717.
Support order, defined.
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 permanent support, whether interlocutory or final, whether or not modifiable, and whether or not incidental to a proceeding for dissolution of marriage, judicial or legal separation, separate maintenance, paternity, guardianship, or civil protection or any other action. A support order may include payment for any monetary judgment.
Source
Laws 1985, Second Spec. Sess., LB 7, § 37;
Laws 1991, LB 457, § 25;
Laws 2010, LB712, § 31.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1718 - Support order; operate as assignment of income; effect; duties.

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.
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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 38;
Laws 1991, LB 457, § 26;
Laws 1994, LB 1224, § 66;
Laws 1997, LB 18, § 3;
Laws 2000, LB 972, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1719 - Employer or other payor; duty to furnish information; action to enforce.

43-1719.
Employer or other payor; duty to furnish information; action to enforce.
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 number; (4) the obligor's work location; (5) the number of the obligor's claimed dependents; (6) the obligor's gross income; (7) the obligor's net income; (8) an itemized statement of deductions from the obligor's income; (9) the obligor's pay schedule; and (10) the obligor's health insurance coverage. The employer or other payor shall not be required to provide any other information. The county attorney or authorized attorney may file an action in the district court to enforce this section.
Source
Laws 1985, Second Spec. Sess., LB 7, § 39;
Laws 1991, LB 457, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1720 - Notice to employer, payor, or obligor; contents.

43-1720.
Notice to employer, payor, or obligor; contents.
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 to section 43-1722 and shall notify the obligor's employer or other payor pursuant to section 43-1723. If the department has not previously sent such notice, and except in cases in which the court has ordered income withholding pursuant to subsection (1) of section 43-1718.01 or section 43-1718.02, upon receiving certification pursuant to section 42-358 or notice of delinquent payments of medical support, the county attorney, the authorized attorney, or the department shall send a notice by certified mail to the last-known address of the obligor stating:
(1) That an assignment of his or her income by means of income withholding will go into effect within fifteen days after the date the notice is sent;
(2) That the income withholding will continue to apply to any subsequent employer or other payor of the obligor;
(3) The amount of support and any monetary judgment the obligor owes;
(4) The amount of income that will be withheld; and
(5) That within the fifteen-day period, the obligor may request a hearing in the manner specified in the notice to contest a mistake of fact. For purposes of this subdivision, mistake of fact shall mean (a) an error in the amount of current or overdue support or the amount of any monetary judgment, (b) an error in the identity of the obligor, or (c) an error in the amount to be withheld as provided in section 43-1722.
Source
Laws 1985, Second Spec. Sess., LB 7, § 40;
Laws 1986, LB 600, § 3;
Laws 1991, LB 457, § 29;
Laws 1993, LB 523, § 15;
Laws 1994, LB 1224, § 68;
Laws 1996, LB 1044, § 205;
Laws 1996, LB 1155, § 12;
Laws 1997, LB 307, § 81;
Laws 2007, LB296, § 131;
Laws 2010, LB712, § 33.
Annotations
Unless a prior notice has been sent and except where a court has ordered income withholding for child support, the notice of income withholding is triggered by receipt of certification from the clerk of the district court made pursuant to section 42-358. McKibbin v. State, 5 Neb. App. 570, 560 N.W.2d 507 (1997).
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1721 - Hearing, when held.

43-1721.
Hearing, when held.
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 abeyance pending the outcome of the hearing. The department shall notify the obligor and the county attorney or authorized attorney of its decision within fifteen days of the date the hearing is held.
Source
Laws 1985, Second Spec. Sess., LB 7, § 41;
Laws 1986, LB 600, § 4;
Laws 1991, LB 457, § 30.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1722 - Assignment; statement of amount.

43-1722.
Assignment; statement of amount.
(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.
Source
Laws 1985, Second Spec. Sess., LB 7, § 42;
Laws 1991, LB 457, § 31;
Laws 1993, LB 523, § 16;
Laws 1994, LB 1224, § 69;
Laws 1996, LB 1155, § 13;
Laws 2010, LB712, § 34.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1724 - Employer or other payor; failure to withhold and remit income; effect.

43-1724.
Employer or other payor; failure to withhold and remit income; effect.
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 attorney or authorized attorney may file an action in district court to enforce this section. The court may sanction an employer or other payor twenty-five dollars per day, up to five hundred dollars per incident, for failure to comply with proper notice.
Source
Laws 1985, Second Spec. Sess., LB 7, § 44;
Laws 1991, LB 457, § 33;
Laws 1993, LB 523, § 18;
Laws 2005, LB 116, § 20;
Laws 2010, LB712, § 36.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1725 - Employer or other payor; prohibited actions; penalty.

43-1725.
Employer or other payor; prohibited actions; penalty.
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 an employee or payee.
Upon application by the county attorney or authorized attorney and after a hearing on the matter, the court may impose a civil fine of up to five hundred dollars for each violation of this section.
An employer or other payor who violates this section may be required to make full restitution to the aggrieved employee or payee, including reinstatement and backpay.
Source
Laws 1985, Second Spec. Sess., LB 7, § 45;
Laws 1991, LB 457, § 34;
Laws 1993, LB 523, § 19.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1726 - Notice to withhold income; termination; exception; procedure.

43-1726.
Notice to withhold income; termination; exception; procedure.
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 obligor. The notice to withhold income shall terminate with respect to the employer or other payor without any court action or action by the county attorney, the authorized attorney, or the department thirty days after the obligor ceases employment with or is no longer entitled to income from such employer or other payor, except that a notice to withhold income shall not terminate with respect to unemployment compensation benefits being withheld by the Commissioner of Labor pursuant to section 48-647. The employer or other payor shall return a copy of the notice to withhold income to the county attorney, the authorized attorney, or the department, indicate that the employment or obligation to pay income has ceased, and cooperate in providing any known forwarding information. The county attorney, the authorized attorney, or the department shall notify the clerk of the appropriate district court that such employment or obligation to pay income has ceased. A notice to withhold income shall also terminate when the child, spousal, or medical support obligation terminates, all past-due support has been paid, and any monetary judgments have been paid, in which case the county attorney, the authorized attorney, or the department shall notify the employer or other payor to cease withholding income.
Source
Laws 1985, Second Spec. Sess., LB 7, § 46;
Laws 1986, LB 600, § 6;
Laws 1991, LB 457, § 35;
Laws 1993, LB 523, § 20;
Laws 1996, LB 1155, § 15;
Laws 2010, LB712, § 37.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1727 - Income withholding notice; modification or revocation; notice.

43-1727.
Income withholding notice; modification or revocation; notice.
(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 also be modified or revoked by a court of competent jurisdiction, for other good cause shown, after notice and a hearing on the issue. An income withholding notice may also be modified or revoked by the county attorney, the authorized attorney, or the department as provided in subsection (2) of this section or for other good cause. Payment by the obligor of overdue support or any monetary judgment, other than through income withholding, after receipt of notice of income withholding shall not by itself constitute good cause for modifying or revoking an income withholding notice.
(2) When income withholding has been implemented and, as a result, a support delinquency has been eliminated, the Title IV-D Division or its designee shall notify the county attorney, the authorized attorney, or the department. Upon receipt of such notification, the county attorney, the authorized attorney, or the department shall modify the income withholding notice to require income withholding for current support and any monetary judgments and shall notify the employer or other payor of the change in the same manner as provided in section 43-1723.
Source
Laws 1985, Second Spec. Sess., LB 7, § 47;
Laws 1991, LB 457, § 36;
Laws 1991, LB 715, § 24;
Laws 1996, LB 1155, § 16;
Laws 2000, LB 972, § 25;
Laws 2010, LB712, § 38.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-1728 - Income from another jurisdiction; withholding order; how obtained.

43-1728.
Income from another jurisdiction; withholding order; how obtained.
(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 whom an obligee has assigned child, spousal, or medical support rights, the department shall promptly request the agency of another jurisdiction in which the obligor derives income to receive and file such request for the purpose of obtaining a withholding order against such income. The department shall promptly compile and transmit to the agency of the cooperating jurisdiction all documentation required to effectuate an income withholding order. The department also shall transmit immediately to the agency of the cooperating jurisdiction a certified copy of any subsequent modification of any support order. The department may contract with an agent to carry out its powers and duties pursuant to sections 43-1728 to 43-1742.
Source
Laws 1985, Second Spec. Sess., LB 7, § 48;
Laws 1991, LB 457, § 37;
Laws 1993, LB 523, § 21.