reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2935 - Hearing; parenting plan; modification; court powers.

43-2935.
Hearing; parenting plan; modification; court powers.
(1) After a hearing on the record, the court shall determine whether the submitted parenting plan meets all of the requirements of the Parenting Act and is in the best interests of the child. If the parenting plan lacks any of the elements required by the act or is not in the child's best interests, the court shall modify and approve the parenting plan as modified, reject the parenting plan and order the parties to develop a new parenting plan, or reject the parenting plan and create a parenting plan that meets all the required elements and is in the best interests of the child. The court may include in the parenting plan:
(a) A provision for resolution of disputes that arise under the parenting plan, including provisions for suspension of parenting time, visitation, and other access when new findings of child abuse or neglect, domestic intimate partner abuse, criminal activity affecting the best interests of a child, or the violation of a protection order, restraining order, or criminal no-contact order occur, until a modified custody order or parenting plan with provisions for safety or a transition plan, or both, is in place; and
(b) Consequences for failure to follow parenting plan provisions.
(2) A hearing is not required under this section:
(a) In a divorce action, if both parties have waived in writing the requirement for a hearing under section 42-361;
(b) In an action for a legal separation, if both parties have waived in writing the requirement for a hearing under section 42-361.01; or
(c) In any other action creating or modifying a parenting plan including an action to establish paternity, if (i) all parties have waived in writing the requirement of the hearing, (ii) the court has sufficient basis to make a finding that it has subject matter jurisdiction over the action and personal jurisdiction over all parties, (iii) all documents required by the court and by law have been filed, and (iv) the parties have entered into a written agreement, signed by the parties under oath, resolving all issues presented by the pleadings.
Source
Laws 2007, LB554, § 16;
Laws 2012, LB899, § 3;
Laws 2013, LB107, § 1.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2936 - Request for mediation, specialized alternative dispute resolution, or other alternative dispute resolution process; information provided to parties.

43-2936.
Request for mediation, specialized alternative dispute resolution, or other alternative dispute resolution process; information provided to parties.
An individual party, a guardian ad litem, or a social service agency may request that a custody, parenting time, visitation, other access, or related matter proceed to mediation, specialized alternative dispute resolution, or other alternative dispute resolution process at any time prior to the filing or after the filing of an action with a court. Upon receipt of such request, each mediator, court conciliation program, or approved mediation center shall provide information about mediation and specialized alternative dispute resolution to each party.
Source
Laws 2007, LB554, § 17;
Laws 2008, LB1014, § 64.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2940 - Mediation; uniform standards of practice; State Court Administrator; duties; mediation conducted in private.

43-2940.
Mediation; uniform standards of practice; State Court Administrator; duties; mediation conducted in private.
(1) Mediation of cases under the Parenting Act shall be governed by uniform standards of practice adopted by the State Court Administrator. In adopting the standards of practice, the State Court Administrator shall consider standards developed by recognized associations of mediators and attorneys and other relevant standards governing mediation and other dispute resolution processes of proceedings for the determination of parenting plans or dissolution of marriage. The standards of practice shall include, but not be limited to, all of the following:
(a) Provision for the best interests of the child and the safeguarding of the rights of the child in regard to each parent, consistent with the act;
(b) Facilitation of the transition of the family by detailing factors to be considered in decisions concerning the child's future;
(c) The conducting of negotiations in such a way as to address the relationships between the parties, considering safety and the ability to freely negotiate and make decisions; and
(d) Provision for a specialized alternative dispute resolution process in cases where any of the conditions specified in subsection (1) of section 43-2939 exist.
(2) Mediation under the Parenting Act shall be conducted in private.
Source
Laws 2007, LB554, § 21.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2941 - Mediation subject to other laws; claim of privilege; disclosures authorized.

43-2941.
Mediation subject to other laws; claim of privilege; disclosures authorized.
Mediation of a parenting plan shall be subject to the Uniform Mediation Act and the Dispute Resolution Act, to the extent such acts are not in conflict with the Parenting Act. Unsigned mediated agreements under the Parenting Act are not subject to a claim of privilege under subdivision (a)(1) of section 25-2935. In addition to disclosures permitted in section 25-2936, a mediator under the Parenting Act may also disclose a party's failure to schedule an individual initial screening session or a mediation session.
Source
Laws 2007, LB554, § 22.
Cross References
Dispute Resolution Act, see section 25-2901.
Uniform Mediation Act, see section 25-2930.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2942 - Costs.

43-2942.
Costs.
The costs of the mediation process shall be paid by the parties. If the court orders the parties to mediation, the costs to the parties shall be charged according to a sliding fee scale as established by the State Court Administrator.
Source
Laws 2007, LB554, § 23.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-2943 - Rules; Parenting Act Fund; created; use; investment.

43-2943.
Rules; Parenting Act Fund; created; use; investment.
(1) The State Court Administrator may develop rules to implement the Parenting Act.
(2) The Parenting Act Fund is created. The State Court Administrator, through the Office of Dispute Resolution, approved mediation centers, and court conciliation programs, shall use the fund to carry out the Parenting Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2007, LB554, § 24;
Laws 2008, LB1014, § 66.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3101 - Court proceeding; notice to noncustodial parent.

43-3101.
Court proceeding; notice to noncustodial parent.
A noncustodial parent shall be defined as an interested person, and reasonable attempts shall be made to notify him or her of any court proceeding taken (1) by, against, or on behalf of his or her child or (2) by, against, or on behalf of the custodial parent if such court proceeding affects the child. The noncustodial parent need not be present at the commencement of such court proceeding.
Source
Laws 1994, LB 451, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3102 - Waiver of right to counsel by juvenile; writing; when waiver not allowed; Supreme Court; duties.

43-3102.
Waiver of right to counsel by juvenile; writing; when waiver not allowed; Supreme Court; duties.
(1) In any court proceeding, any waiver of the right to counsel by a juvenile shall be made in open court, shall be recorded, and shall be confirmed in a writing signed by the juvenile.
(2) A court shall not accept a juvenile's waiver of the right to counsel unless the waiver satisfies subsection (1) of this section and is an affirmative waiver that is made intelligently, voluntarily, and understandingly. In determining whether such waiver was made intelligently, voluntarily, and understandingly, the court shall consider, among other things: (a) The age, intelligence, and education of the juvenile, (b) the juvenile's emotional stability, and (c) the complexity of the proceedings.
(3) On or before July 1, 2022, the Supreme Court shall provide, by court rule, a process to ensure that a juvenile has consulted with counsel, and if not, is provided the opportunity to consult with counsel prior to the juvenile exercising their right to waive their right to counsel.
(4) The court shall ensure that a juvenile represented by an attorney consults with his or her attorney before any waiver of counsel.
(5) No parent, guardian, custodian, or other person may waive the juvenile's right to counsel.
(6) A juvenile's right to be represented by counsel may not be waived in the following circumstances:
(a) If the juvenile is under the age of fourteen;
(b) For a detention hearing;
(c) For any dispositional hearing where out-of-home placement is sought; or
(d) If there is a motion to transfer the juvenile from juvenile court to county court or district court.
Source
Laws 2016, LB894, § 16;
Laws 2021, LB307, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3301 - Act, how cited.

43-3301.
Act, how cited.
Sections 43-3301 to 43-3326 shall be known and may be cited as the License Suspension Act.
Source
Laws 1997, LB 752, § 1;
Laws 1999, LB 594, § 27.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3302 - Legislative intent.

43-3302.
Legislative intent.
It is the intent of the Legislature to encourage the use of all proven techniques for the enforcement of support orders. The Legislature finds that the potential suspension of a professional, occupational, or recreational license or a motor vehicle operator's license for failure to pay child, spousal, and medical support is an effective technique for the enforcement of support orders, particularly for non-wage-earning and self-employed license holders who are not in compliance with support orders. It is the intent of the Legislature to encourage license holders to comply with their legal obligations and to add to the tools available for the enforcement of support orders. Therefor, the Department of Health and Human Services, county attorneys, authorized attorneys, or courts of competent jurisdiction are authorized to initiate actions under the License Suspension Act against individuals who are not in compliance with support orders.
Source
Laws 1997, LB 752, § 2.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3303 - Definitions, where found.

43-3303.
Definitions, where found.
For purposes of the License Suspension Act, the definitions found in sections 43-3304 to 43-3313 apply.
Source
Laws 1997, LB 752, § 3;
Laws 1999, LB 594, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3307 - Operator's license, defined.

43-3307.
Operator's license, defined.
Operator's license has the same meaning as found in section 60-474 and includes a commercial driver's license as defined in section 60-464 and a restricted commercial driver's license as defined in section 60-476.03 except as specifically provided otherwise in section 43-3318.
Source
Laws 1997, LB 752, § 7.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3308 - Professional or occupational license, defined.

43-3308.
Professional or occupational license, defined.
Professional or occupational license means a license, certificate, registration, permit, or other similar document evidencing admission to or granting authority to engage in a profession or occupation in the State of Nebraska.
Source
Laws 1997, LB 752, § 8.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3309 - Recreational license, defined.

43-3309.
Recreational license, defined.
Recreational license means a license, certificate, registration, permit, tag, sticker, or other similar document or identifier evidencing permission to hunt, fish, or trap for furs in the State of Nebraska.
Source
Laws 1997, LB 752, § 9.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3310 - Relevant licensing authority, defined.

43-3310.
Relevant licensing authority, defined.
Relevant licensing authority means a board, bureau, commission, committee, department, political subdivision, or other public or private entity that is authorized under the laws of the State of Nebraska to grant, issue, or renew a professional, occupational, or recreational license.
Source
Laws 1997, LB 752, § 10.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3313 - Support, defined.

43-3313.
Support, defined.
Support in the definitions of child support, medical support, and spousal support means providing necessary shelter, food, clothing, care, medical support, medical attention, education expenses, or funeral expenses or any other reasonable and necessary expense.
Source
Laws 1997, LB 752, § 13;
Laws 2003, LB 245, § 4.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3315 - License holder; judicial review; notice; effect.

43-3315.
License holder; judicial review; notice; effect.
If the license holder makes a timely request for judicial review after receiving a notice under section 43-3314, the court of competent jurisdiction as specified in subdivision (2)(e)(ii) of section 43-3314 shall have jurisdiction to hear the license holder's petition. Upon the timely notification by the license holder to the Department of Health and Human Services that the license holder is seeking judicial review as provided under this section, the Department of Health and Human Services shall stay the action to certify the license holder to the Department of Motor Vehicles and relevant licensing authorities as a license holder described in subsection (1) of section 43-3314 pending the outcome of judicial review.
Source
Laws 1997, LB 752, § 15.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3316 - License holder; administrative review; procedure.

43-3316.
License holder; administrative review; procedure.
If the license holder makes a timely request for administrative review after receiving a notice under section 43-3314, the Department of Health and Human Services shall provide an opportunity for a hearing in accordance with the Administrative Procedure Act. The issues that may be determined at the hearing are limited to whether there has been an error in the identity of the license holder or in the determination of whether the license holder is a license holder described in subsection (1) of section 43-3314. The license holder may raise additional issues, including the reasonableness of a payment plan for a support order, to be preserved for appeal to the district court as provided under the Administrative Procedure Act. The Department of Health and Human Services shall stay the action to certify the license holder to the Department of Motor Vehicles and relevant licensing authorities as a license holder described in subsection (1) of section 43-3314 pending the outcome of the hearing. The Department of Health and Human Services shall notify the license holder of its decision.
Source
Laws 1997, LB 752, § 16.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3317 - License holder; appeal of administrative decision; procedure.

43-3317.
License holder; appeal of administrative decision; procedure.
Any person aggrieved by a decision of the department pursuant to section 43-3316 may, upon exhaustion of the procedures for administrative review provided under the Administrative Procedure Act, seek judicial review within ten days after the issuance of notice of the department's decision pursuant to section 43-3316. Notwithstanding subdivision (2)(a) of section 84-917, proceedings for review shall be instituted by filing a petition in the court of competent jurisdiction of the county where the support order was issued or registered or, in the case of a foreign support order not registered in Nebraska, the court of competent jurisdiction as specified in subdivision (2)(e)(ii) of section 43-3314.
Source
Laws 1997, LB 752, § 17;
Laws 2007, LB296, § 155.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3319 - License holder; motion or application to modify support order; effect.

43-3319.
License holder; motion or application to modify support order; effect.
If the license holder files a motion or application to modify a support order, the department, county attorney, or authorized attorney, upon notification by the license holder, shall stay the action to certify the license holder under section 43-3318 until disposition of the motion or application by the court or agency of competent jurisdiction. If the license holder requests review of the support order under section 43-512.12, the department shall stay the action to certify the license holder pending final disposition of the review and modification process.
Source
Laws 1997, LB 752, § 19;
Laws 2007, LB296, § 157.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3320 - License holder; written confirmation of compliance.

43-3320.
License holder; written confirmation of compliance.
(1) When a license holder comes into compliance with the support order as provided in section 43-3314, the department, county attorney, or authorized attorney shall provide the license holder with written confirmation that the license holder is in compliance.
(2) When a license holder comes into compliance with subpoenas and warrants relating to paternity or child support proceedings, the court of competent jurisdiction shall provide the license holder with written confirmation that the license holder is in compliance.
Source
Laws 1997, LB 752, § 20;
Laws 2007, LB296, § 158.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3321 - License holder; written confirmation of compliance; reinstatement or renewal of license; fee.

43-3321.
License holder; written confirmation of compliance; reinstatement or renewal of license; fee.
(1) Upon presentation by the license holder of a written confirmation of compliance to the Department of Motor Vehicles, the license holder may have his or her operator's license reinstated upon payment of a reinstatement fee of fifty dollars. The Department of Motor Vehicles shall remit the fee to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.
(2) Upon presentation by the license holder of a written confirmation of compliance to the relevant licensing authority and upon payment of any fee which may be prescribed by the relevant licensing authority, the license holder may have his or her professional, occupational, or recreational license reinstated or renewed. The professional, occupational, or recreational license may be automatically reinstated or renewed pursuant to the relevant licensing authority's least restrictive reinstatement or renewal procedure applicable to license suspension, probation, or other licensing authority disciplinary action, except that the license holder must meet any other customary or standard requirement for reinstatement or renewal as required by the relevant licensing authority.
Source
Laws 1997, LB 752, § 21;
Laws 2001, LB 38, § 3.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3322 - Erroneous suspension.

43-3322.
Erroneous suspension.
If a motor vehicle operator's license or a professional, occupational, or recreational license is found to have been suspended erroneously, the license holder shall have his or her license reinstated or renewed without the payment of any reinstatement or renewal fee, but if a fee was paid because of the error, such fee shall be returned to the license holder by the relevant licensing authority.
Source
Laws 1997, LB 752, § 22.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3324 - Information to Department of Health and Human Services; agreements authorized.

43-3324.
Information to Department of Health and Human Services; agreements authorized.
The Department of Motor Vehicles and relevant licensing authorities shall provide to the Department of Health and Human Services specified information about license holders in a manner agreed to by the Department of Health and Human Services and the Department of Motor Vehicles or the relevant licensing authority annually on a date determined by the Department of Health and Human Services. The information shall include:
(1) The name of the license holder;
(2) The license holder's address of record;
(3) The license holder's federal employer identification number or social security number, if available and permissible under law, and the license holder's date of birth;
(4) The type of license held;
(5) The effective date of the license or renewal;
(6) The expiration date of the license; and
(7) The status of the license as active or inactive.
The Department of Health and Human Services may enter into agreements with the Director of Motor Vehicles and relevant licensing authorities to carry out this section. Such agreements with the Game and Parks Commission with regard to recreational license holders shall only be made when electronic or other automated retrieval systems are available for such information.
Source
Laws 1997, LB 752, § 24.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3325 - Act; how construed.

43-3325.
Act; how construed.
Nothing in the License Suspension Act shall prevent the department, the county attorney, the authorized attorney, or the court of competent jurisdiction from taking other enforcement actions.
Source
Laws 1997, LB 752, § 25;
Laws 2007, LB296, § 160.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3326 - Reports to Legislature.

43-3326.
Reports to Legislature.
The department shall issue electronically a report to the Legislature on or before January 31 of each year which discloses the number of professional, occupational, or recreational licenses which were suspended and the number which were erroneously suspended and restored as a result of the License Suspension Act for the prior year. The Director of Motor Vehicles shall issue electronically a report to the Legislature on or before January 31 of each year which discloses the number of operators' licenses which were suspended and the number which were erroneously suspended and restored as a result of the License Suspension Act for the prior year.
Source
Laws 1997, LB 752, § 26;
Laws 1999, LB 594, § 32;
Laws 2007, LB296, § 161;
Laws 2012, LB782, § 49.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3328 - Legislative intent.

43-3328.
Legislative intent.
It is the intent of the Legislature to encourage the use of all proven techniques for the enforcement of support orders. It is also the intent of the Legislature to effectuate reasonable welfare reform and to comply with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Legislature finds and declares that a bank match system and the potential for an administrative attachment of personal assets of an obligor held by a payor or held by a financial institution is an effective tool for the collection of unpaid support from obligors who are not in compliance with support orders. It is the intent of the Legislature to encourage obligors to comply with their legal obligations and to add to the tools available for the enforcement of support orders by authorizing the Department of Health and Human Services and county attorneys or authorized attorneys to initiate bank match actions and administrative attachments as described in sections 43-3328 to 43-3339.
Source
Laws 1997, LB 752, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3329 - Terms, defined.

43-3329.
Terms, defined.
For purposes of sections 43-3328 to 43-3339, the following definitions apply:
(1) Account means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund account;
(2) Authorized attorney has the same meaning as found in section 43-1704;
(3) Child support has the same meaning as found in section 43-1705;
(4) Department means the Department of Health and Human Services and if the department designates, includes a county attorney or authorized attorney;
(5) Financial institution means every federal or state commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe deposit companies, any money-market mutual fund as defined in section 851(a) of the Internal Revenue Code that seeks to maintain a constant net asset value of one dollar in accordance with 17 C.F.R. 270.2a-7, any broker, brokerage firm, trust company, or unit investment trust, or any other similar entity doing business or authorized to do business in the State of Nebraska;
(6) Match means a comparison by automated or other means by name and social security number of a list of obligors provided to a financial institution by the department and a list of depositors of any financial institution;
(7) Medical support has the same meaning as found in section 43-512;
(8) Obligor means a person who owes a duty of support pursuant to a support order;
(9) Payor includes a person, partnership, limited partnership, limited liability partnership, limited liability company, corporation, or other entity doing business or authorized to do business in the State of Nebraska, including a financial institution, or a department or an agency of state, county, or city government;
(10) Spousal support has the same meaning as found in section 43-1715;
(11) Support in the definitions of child support, medical support, and spousal support means providing necessary shelter, food, clothing, care, medical support, medical attention, education expenses, or funeral expenses or any other reasonable and necessary expense; and
(12) Support order has the same meaning as found in section 43-1717.
Source
Laws 1997, LB 752, § 29;
Laws 2003, LB 245, § 5;
Laws 2007, LB296, § 163.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3330 - Listing of obligors; financial institution; duties; confidentiality.

43-3330.
Listing of obligors; financial institution; duties; confidentiality.
A financial institution shall receive from the department a listing of obligors to be used in matches within the financial institution's system. The listing from the department shall include the name and social security number or taxpayer identification number of each obligor to be used in matches within the financial institution's system. The financial institution shall receive the listing within thirty days after the end of each calendar quarter subsequent to January 1, 1998, and shall match the listing to its records of accounts held in one or more individuals' names which are open accounts and such accounts closed within the preceding calendar quarter within thirty days after receiving the listing and provide the department with a match listing of all matches made within five working days of the match. The match listing from the financial institution shall include the name, address, and social security number or taxpayer identification number of each obligor matched and the balance of each account. The financial institution shall also provide the names and addresses of all other owners of accounts in the match listing as reflected on a signature card or other similar document on file with the financial institution. The financial institution shall submit all match listings by disk, magnetic tape, or other medium approved by the department. Nothing in this section shall (1) require a financial institution to disclose the account number assigned to the account of any individual or (2) serve to encumber the ownership interest of any person in or impact any right of setoff against an account. The financial institution shall maintain the confidentiality of all records supplied and shall use the records only for the purposes of this section. To maintain the confidentiality of the listing and match listing, the department shall implement appropriate security provisions for the listing and match listing which are as stringent as those established under the Federal Tax Information Security Guidelines for federal, state, and local agencies.
Source
Laws 1997, LB 752, § 30;
Laws 2010, LB712, § 39.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3331 - Financial institution; disclosure or release of information; immunity.

43-3331.
Financial institution; disclosure or release of information; immunity.
A financial institution is not liable under any state or local law to any individual or to the department for disclosure or release of information to the department for the purpose of establishing, modifying, or enforcing a support order or for any other action taken in good faith to comply with the requirements of section 43-3330. Sections 43-3328 to 43-3339 shall not be construed to make a financial institution responsible or liable to any extent for assuring that the department maintains the confidentiality of information disclosed under section 43-3330.
Source
Laws 1997, LB 752, § 31.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3332 - Financial institution; fees authorized.

43-3332.
Financial institution; fees authorized.
A financial institution may charge a reasonable fee, not to exceed actual cost, to be paid by the department for the service of reporting matches as required by section 43-3330 and may charge a fee, not to exceed actual cost, to be paid by the department for the necessary upgrades to an existing system that are directly related to compliance with section 43-3330 and that have been approved by the department.
Source
Laws 1997, LB 752, § 32.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3333 - Seizure of obligor's property; notice of arrearage; contents; appeal.

43-3333.
Seizure of obligor's property; notice of arrearage; contents; appeal.
(1) In a case which is receiving services under Title IV-D of the federal Social Security Act, as amended, when the department has made reasonable efforts to verify and has reason to believe payment on a support order is in arrears in an amount equal to the support due and payable for more than a three-month period of time or upon the request of the state agency of another state which administers Title IV-D of the federal Social Security Act, and therefor determines to seize an obligor's property, the department shall send written notice to the obligor by first-class mail to the last-known address of the obligor or to the last-known address of the obligor available to the court pursuant to section 42-364.13. For purposes of this section, reasonable efforts to verify means reviewing the case file and having written or oral communication with the clerk of the district court.
(2) The notice of arrearage shall:
(a) Specify the court or agency which issued the support order;
(b) Specify the arrearage under the support order which the obligor owes as of the date of the notice or other date certain;
(c) Specify that any enforcement action will incorporate any arrearage which may accrue in the future;
(d) State clearly, "Your property may be seized without further notice if you do not respond or clear up the arrearage"; and
(e) Specify that within twenty days after the notice is mailed, the obligor may request, in writing, a hearing to contest a mistake of fact. For purposes of this section, mistake of fact means an error in the amount of the arrearage or an error in the identity of the obligor.
(3) If the obligor files a written request for a hearing based upon a mistake of fact within twenty days after the notice is mailed, the department shall provide an opportunity for a hearing and shall stay enforcement action under sections 43-3333 to 43-3337 until the administrative appeal process is completed.
Source
Laws 1997, LB 752, § 33;
Laws 2007, LB296, § 164.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3334 - Order to withhold and deliver; when; contents; payor; duties; fee.

43-3334.
Order to withhold and deliver; when; contents; payor; duties; fee.
(1) The department may send a payor an order to withhold and deliver specifically identified property of any kind due, owing, or belonging to an obligor if (a) the department has reason to and does believe that there is in the possession of the payor property which is due, owing, or belonging to an obligor, (b) payment on a support order is in arrears, (c) the department sent a notice of arrearage to the obligor pursuant to section 43-3333 at least thirty days prior to sending the notice to withhold and deliver, and (d) no hearing was requested or after a hearing the department determined that an arrearage did exist or that there was no mistake of fact.
(2) The order to withhold and deliver shall state that notice has been mailed to the obligor in accordance with the requirements of subdivision (1)(c) of this section and that the obligor has not requested a hearing or, after a hearing, the department has determined that an arrearage exists or that there was no mistake of fact, the amount in arrears, the social security number of the obligor, the court or agency to which the property is to be delivered, instructions for transmitting the property, and information regarding the requirements found in subsection (3) of this section. The order shall include written questions regarding the property of every description, including whether or not any other person has an ownership interest in the property, and the credits of the obligor which are in the possession or under the control of the payor at the time the order is received.
(3) Upon receipt of an order to withhold and deliver, a payor shall:
(a) Hold property that is subject to the order and that is in the possession or under the control of the payor at the time the order to withhold and deliver was received, to the extent of the amount of the arrearage stated in the order until the payor receives further notice from the department;
(b) Answer all of the questions asked of the payor in the order, supply the name and address of any person that has an ownership interest in the property sought to be reached, and return such information to the department within five business days after receiving the order; and
(c) Upon further notice from the department, deliver any property which may be subject to the order to the court or agency designated in the order or release such property or portion thereof.
(4) An order to withhold and deliver shall have the same priority as a garnishment for the support of a person pursuant to subsection (4) of section 25-1056.
(5) If the payor is a financial institution, such financial institution may deduct and retain a processing fee from any amounts turned over to the department under this section. The processing fee shall not exceed ten dollars for each account turned over to the department.
Source
Laws 1997, LB 752, § 34;
Laws 2004, LB 999, § 30;
Laws 2007, LB296, § 165.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3335 - Order to withhold and deliver; notice to obligor; contents; appeal.

43-3335.
Order to withhold and deliver; notice to obligor; contents; appeal.
(1) Within five days after the issuance of the order to withhold and deliver, the department shall send written notice to the obligor by first-class mail. The notice shall be dated and shall specify the payor to which an order to withhold and deliver was sent, the amount due, the steps to be followed to release the property, the time period in which to respond to such notice, and the court or agency of competent jurisdiction which issued the support order.
(2) The obligor may request a hearing to contest a mistake of fact by sending a written request to the department within seven days after the date of the notice. The department shall provide an opportunity for a hearing within ten days after receipt of the written request and shall stay enforcement actions under sections 43-3333 to 43-3337 until the administrative appeal process is completed.
Source
Laws 1997, LB 752, § 35;
Laws 2007, LB296, § 166.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3336 - Order to withhold and deliver; co-owner; notice; contents; appeal.

43-3336.
Order to withhold and deliver; co-owner; notice; contents; appeal.
(1) If, after receiving the information from the payor in subdivision (3)(b) of section 43-3334, the department has knowledge that another person has an ownership interest or may claim an ownership interest in any property sought to be reached which is in the possession or under the control of the payor as the property of the obligor, the department shall send written notice to such person or persons by certified mail, return receipt requested. The notice shall be dated and shall specify why the order to withhold and deliver was issued, the payor to which the order to withhold and deliver was sent, and that the person has a right to request a hearing by the department within fifteen days after the date of the notice to establish that the property or any part thereof is not the property of the obligor. The department shall provide an opportunity for hearing to a person making such request and shall stay enforcement actions under sections 43-3333 to 43-3337 until the administrative appeal process is completed.
(2) Any person other than the obligor claiming an ownership interest in any property sought to be reached which is in the possession or under the control of the payor as the property of the obligor has a right to timely request a hearing by the department to establish that the property or any part thereof is not the property of the obligor. The department shall provide an opportunity for hearing to a person making such request and shall stay enforcement actions under sections 43-3333 to 43-3337 until the administrative appeal process is completed. If the property or any part of the property which is in the possession or under the control of the payor is not the property of the obligor, the payor is discharged as to that property which is not the obligor's.
Source
Laws 1997, LB 752, § 36;
Laws 2007, LB296, § 167.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3337 - Order to withhold and deliver; payor's liability.

43-3337.
Order to withhold and deliver; payor's liability.
(1) If a payor fails or refuses to withhold or deliver property subject to an order to withhold and deliver, judgment may be entered by the court which issued or registered the support order for the amount of the arrearages stated in the order or the amount of the property or credits of the obligor in the possession or under the control of the payor at the time the order to withhold and deliver was received, whichever is less, unless the payor can show cause as to why the property was not withheld or delivered.
(2) Compliance with the order by the payor operates as a discharge of the payor's liability to the obligor or beneficiary as to the portion of the obligor's property withheld or delivered.
(3) A payor is not liable to any individual or to the department for responding to an order to withhold and deliver or for holding, refusing to release to the obligor, or delivering any property of an obligor in compliance with an order to withhold and deliver or for any other action taken in good faith to comply with the requirements of sections 43-3328 to 43-3339 regardless of whether such action was specifically authorized or described by such sections.
Source
Laws 1997, LB 752, § 37.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3338 - Judicial review.

43-3338.
Judicial review.
Any person aggrieved by a determination of the department under sections 43-3328 to 43-3339, upon exhaustion of the procedures for administrative review provided in such sections, or the department may seek judicial review in the court in which the support order was issued or registered.
Source
Laws 1997, LB 752, § 38;
Laws 2007, LB296, § 168.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3340 - Social security numbers; recorded; when; Department of Health and Human Services; duties.

43-3340.
Social security numbers; recorded; when; Department of Health and Human Services; duties.
(1) To aid child support enforcement pursuant to federal law, 42 U.S.C. 666(a), the social security numbers of the following individuals shall be recorded on the application, in the court records, or on the death certificate, as appropriate:
(a) Any applicant for a professional license, commercial driver's license, occupational license, or marriage license;
(b) Any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment; and
(c) Any individual who has died.
(2) The Department of Health and Human Services shall adopt and promulgate rules and regulations which provide a procedure for the collection of the social security numbers recorded pursuant to this section and for the use of such numbers in the child support enforcement as provided in 42 U.S.C. 666(a).
Source
Laws 1997, LB 752, § 48.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3341 - Terms, defined.

43-3341.
Terms, defined.
For purposes of sections 43-3341 to 43-3347:
(1) Business day means a day on which state offices are open for regular business;
(2) Child support has the same meaning as found in section 43-1705;
(3) Department means the Department of Health and Human Services;
(4) Medical support has the same meaning as found in section 43-512;
(5) Obligee means a person to whom a duty of support is owed pursuant to a support order;
(6) Obligor means a person who owes a duty of support pursuant to a support order;
(7) Normal business hours means 7 a.m. to 6 p.m. Central Time;
(8) Spousal support has the same meaning as found in section 43-1715;
(9) State Disbursement Unit means the unit established in section 43-3342;
(10) Support has the same meaning as found in section 43-3313;
(11) Support order has the same meaning as found in section 43-1717; and
(12) Title IV-D Division means the Title IV-D Division of the department which is the single organizational unit of the state that has the responsibility for administering or supervising the administration of the state plan under Title IV-D of the federal Social Security Act.
Source
Laws 1999, LB 637, § 1;
Laws 2000, LB 972, § 28.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3342 - State Disbursement Unit; created.

43-3342.
State Disbursement Unit; created.
There is hereby created a State Disbursement Unit for the statewide collection and disbursement of support order payments. The State Disbursement Unit shall be administered and operated directly by a public or private entity or state officer as designated by the Title IV-D Division. The designation shall be subject to confirmation by a majority of the members of the Legislature. The entity or officer as designated shall be directly responsible to the Title IV-D Division.
In employing initial staff for the unit, a hiring preference shall be given to employees of the clerks of the district court.
Source
Laws 1999, LB 637, § 2;
Laws 2000, LB 972, § 29.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3342.01 - State Disbursement Unit; Title IV-D Division; duties; records.

43-3342.01.
State Disbursement Unit; Title IV-D Division; duties; records.
(1) The responsibilities of the State Disbursement Unit shall include the following:
(a) Receipt of payments, except payments made pursuant to subdivisions (1)(a) and (1)(b) of section 42-369, and disbursements of such payments to obligees, the department, and the agencies of other states;
(b) Accurate identification of payments;
(c) Prompt disbursement of the obligee's share of any payments;
(d) Furnishing to any obligor or obligee, upon request, timely information on the current status of support order payments; and
(e) One location for employers to send income withholding payments.
(2) The Title IV-D Division shall maintain records of payments for all cases in which support order payments are made to the central office of the State Disbursement Unit using the statewide automated data processing and retrieval system. The Title IV-D Division shall not be required to convert and maintain records of support order payments kept by the clerk of the district court before the date that the State Disbursement Unit becomes operative or records of payments received by the clerk pursuant to section 42-369.
(3) A true copy of the record of payments, balances, and arrearages maintained by the Title IV-D Division is prima facie evidence, without further proof or foundation, of the balance of any amount of support order payments that are in arrears and of all payments made and disbursed to the person or agency to whom the support order payment is to be made. Such evidence shall be considered to be satisfactorily authenticated, shall be admitted as prima facie evidence of the transactions shown in such evidence, and is rebuttable only by a specific evidentiary showing to the contrary.
(4) A copy of support payment records maintained by the Title IV-D Division shall be considered to be a true copy of the record when certified by a person designated by the division pursuant to the rules and regulations adopted and promulgated pursuant to this section.
Source
Laws 2000, LB 972, § 1;
Laws 2002, LB 1062, § 3;
Laws 2007, LB554, § 44.
2023 Nebraska Revised Statutes › Chapter 43 - Infants and Juveniles › 43-3342.02 - State Disbursement Unit; timely disbursement required.

43-3342.02.
State Disbursement Unit; timely disbursement required.
(1) Except as provided in subsection (2) of this section, the State Disbursement Unit shall disburse all support order payments received within two business days after receipt.
(2) The State Disbursement Unit may delay the disbursement of collections toward arrearages until the resolution of any timely appeal with respect to such arrearages.
Source
Laws 2000, LB 972, § 2.