reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 8 - REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 466-8-004 - TIMEFRAMES FOR REVIEW AND MODIFICATION

Current through June 17, 2024
Within 180 calendar days of the date that the Department
				  receives a request for review, or locates the non-requesting party, whichever
				  occurs later, the Department will:
(A)
				Conduct a review of the order and complete all proceedings to modify the order;
				or
(B) Determine that the order
				should not be adjusted.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 8 - REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 466-8-005 - WITHDRAWAL OF REQUEST FOR REVIEW

Current through June 17, 2024
A party requesting a review may withdraw the request, in
				  writing, at any time before a review determination is made.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 8 - REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 466-8-006 - REVIEW

Current through June 17, 2024
All parties must return financial information and supporting
				  documentation to the Department within 30 calendar days of a request for
				  information by the Department. If the Department requests additional
				  information, the parties must return the requested information postmarked
				  within 15 calendar days of the date of the request.
006.01
FAILURE TO LOCATE ALL
				PARTIES OF STANDING.
The Department may close a review if it is
				unable to locate an essential party after making reasonable efforts.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 8 - REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 466-8-007 - INTERGOVERNMENTAL REVIEW AND MODIFICATIONS

Current through June 17, 2024
When a party requests the review of an order in an
				  intergovernmental case, the Department will determine whether a review should
				  be conducted in another state.
007.01
REQUEST TO ANOTHER JURISDICTION.
The Department will
				refer the case to the child support intergovernmental central registry in
				another state for action within 20 calendar days of:
(A) Determining that it is appropriate to
				request a review in another state; and
(B) Receiving the information necessary to
				process the case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for child support
				  enforcement. This chapter pertains to the enforcement of support
				  orders.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-002 - TIMEFRAMES FOR ENFORCEMENT

Current through June 17, 2024
Support obligations will be enforced in accordance with, and
				  under the timeframes established in,
				  45 CFR §
										303.6.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-003 - ADMINISTRATIVE ATTACHMENT

Current through June 17, 2024
Neb. Rev. Stat. §§
									43-3333
				  to
				  43-3339
				  allow for administrative attachment of personal assets of an obligor held by a
				  payor or held by a financial institution for the collection of unpaid support
				  from obligors.
003.01
FEE
				FOR PROCESSING AN ORDER TO WITHHOLD AND DELIVER.
Any processing
				fee allowed by statute and retained by a payor is not a support payment and
				does not reduce an obligor's arrearage.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-004 - ADMINISTRATIVE SUBPOENA

Current through June 17, 2024
An administrative subpoena may be issued pursuant to
				  applicable state statutes to compel the production of information relevant to
				  establishing paternity or establishing, modifying, or enforcing a support
				  order.
004.01
REQUEST FOR
				ADMINISTRATIVE HEARING.
Any person wishing to challenge an
				administrative subpoena of this nature may request a hearing to contest the
				subpoena. The request must be in writing and either delivered to the Department
				or postmarked within 15 calendar days of the date the subpoena was issued. If a
				timely request for hearing is received, the administrative subpoena will not be
				enforced until the administrative appeal process is completed.
004.02
HEARING DATE.
The Department will provide an opportunity for a hearing within 15 calendar
				days after receipt of a proper written request.
004.03
HEARING
				RESULTS.
The appellant will be notified of the hearing results
				within 15 calendar days of the hearing.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-005 - CONSUMER CREDIT REPORTING

Current through June 17, 2024
The Department may make available to consumer credit
				  reporting agencies information regarding the amount of support owed in a IV-D
				  case if the obligor is in arrears more than $500.
005.01
ADVANCE NOTICE TO THE
				OBLIGOR.
The Department will send a one-time advance notice to the
				obligor regarding the intent to submit information to consumer credit reporting
				agencies. The advance notice will include:
(A)
				The county where the support order originated;
(B) The support order number;
(C) The date the amount was reported
				delinquent;
(D) The total dollar
				amount to be submitted;
(E) The
				delinquent amount by judgment type;
(F) Notice that the obligor has 30 calendar
				days to reduce the arrears to below $500 to avoid submittal to consumer credit
				reporting agencies;
(G) Information
				regarding how to request an administrative review; and
(H) The criteria a case must meet to be
				eligible for review.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-006 - INCOME WITHHOLDING

Current through June 17, 2024
Notices to withhold income pursuant to the Nebraska Income
				  Withholding for Child Support Act will be sent to the obligor and others, as
				  required by the Act, within the timeframes required under
				  45 CFR
				  303.100.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-007 - OFFSET PROGRAMS

Current through June 17, 2024
Nebraska participates in the Federal Tax and Administrative
				  Offset programs under Title IV-D of the Social Security Act,
				  45 CFR
				  302.60, 45 CFR 303.72, 31 CFR Part 285, and
				  other applicable federal law. Cases that meet the criteria set forth in
				  applicable federal or state law will be submitted for collection under these
				  programs even if the obligor has entered into a payment plan with the
				  state.
007.01
NOTICE TO
				OFFSET.
Written notice will be sent at least annually to all
				obligors identified for the Federal Tax Offset and Administrative Offset
				programs. The notice includes information regarding:
(A) The right to contest the state's
				determination that past-due support is owed or the amount of past-due
				support;
(B) The right to an
				administrative review by the Department or, at the obligor's request, the state
				with the order upon which the referral for offset is based;
(C) The procedures and timeframes to request
				an administrative review;
(D) In
				the case of a joint return, at the time of the offset, the Secretary of the
				U.S. Treasury will notify the non-obligated spouse of the obligor of the steps
				to take to protect the share of the refund which may be payable to that spouse;
				and
(E) Any further arrears
				accruing may be added to the obligor's debt and will be subject to collection
				by Federal Tax Offset and Administrative Offset without further notice.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-008 - REFERRAL TO THE NEBRASKA DEPARTMENT OF REVENUE FOR TAX REFUND OFFSET

Current through June 17, 2024
The Department may submit a past-due support obligation to
				  the Nebraska Department of Revenue for possible offset against state income tax
				  refunds and state lottery prizes.
008.01
NOTICE TO THE OBLIGOR OF
				REFERRAL.
The Department will send notice to the obligor by
				regular first-class mail, that the obligor's past-due support obligation will
				be submitted to the Department of Revenue for possible offset of a tax refund.
				The notice of intent to refer a past-due support obligation to the Department
				of Revenue will advise the obligor that:
(A)
				The obligor may contest the validity of the claim before the Department by
				giving written notice to the Department within 45 calendar days of the date the
				Department mailed the notice of intent to refer;
(B) Only certain defenses can be raised;
				and
(C) Any further arrears
				accruing may be added to the obligor's debt and will be subject to collection
				by offset.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-009 - NOTICE OF CLAIM TO REFUND OR LOTTERY PRIZE

Current through June 17, 2024
Within 20 calendar days of receiving notice from the
				  Department of Revenue that an obligor is entitled to a state tax refund or
				  state lottery prize, the Department will send the obligor written notification
				  of an assertion of its rights, or of the rights of an individual not eligible
				  as a public assistance recipient, to all or a portion of the debtor's refund or
				  state lottery prize.
009.01
WRITTEN NOTIFICATION.
The written notification shall
				clearly set forth:
(A) The basis for the
				claim to the refund or state lottery prize;
(B) The intention to apply the refund or
				state lottery prize against the debt;
(C) The obligor's opportunity to give written
				notice of intent to contest the validity of the claim before the Department
				within 30 calendar days of the date of the mailing of the notice;
(D) The mailing address to which the
				application for a hearing must be sent; and
(E) Notice that failure to apply for a
				hearing in writing within the 30 day period will be deemed a waiver of the
				opportunity to contest the claim.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-010 - CERTIFICATION TO THE U.S. SECRETARY OF HEALTH AND HUMAN SERVICES FOR PASSPORT DENIAL OR REVOCATION

Current through June 17, 2024
All IV-D child support cases that meet the established
				  criteria will be certified by the Department to the U.S. Secretary of Health
				  and Human Services for possible denial or revocation of a passport under
				  federal law. Cases meeting the criteria will be certified even if the obligor
				  has entered into a payment plan with the state. Submittal to the passport
				  denial or revocation program continues after the child reaches the age of
				  majority.
010.01
CRITERIA
				FOR CERTIFICATION.
The following criteria apply to certification
				to the U.S. Secretary of Health and Human Services:
(A) The support obligation was established
				under a court order or an order of an administrative process established under
				state law;
(B) The total amount of
				combined arrearages for all Nebraska IV-D cases for the obligor is in excess of
				$2,500;
(C) The delinquency is for
				support and maintenance of a child or of a child and the parent with whom the
				child is living (spousal support). Delinquent support may include medical
				support, but only if a specific dollar amount is included in the order and the
				obligor is not making payments as ordered;
(D) The state IV-D agency has verified the
				accuracy of the delinquent support and has a copy of the order, any
				modifications, the pay record or an affidavit signed by the court-ordered payee
				attesting to the accuracy and amount of delinquency;
(E) The state has verified the obligor's name
				and Social Security Number (SSN);
(F) The state IV-D agency has the payee's
				current address; and
(G) In non-Aid
				to Dependent Children (ADC) or Medicaid only cases, the state IV-D agency has
				checked its records to determine if there are delinquent Aid to Dependent
				Children (ADC) or foster care support state debt amounts.
The delinquent support will remain subject to certification
				  until the arrears are paid in full.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-011 - NOTIFICATION TO THE OBLIGOR OF CERTIFICATION TO THE U.S. SECRETARY OF HEALTH AND HUMAN SERVICES

Current through June 17, 2024
Written notice is sent at least annually to the obligor
				  identified for certification to the U.S. Secretary of Health and Human
				  Services. The notice will include information regarding:
(A) The right to contest the certification by
				requesting an administrative review in either the submitting state or the state
				with the order for support;
(B) The
				procedures and timeframes to request an administrative review; and
(C) Any further arrears accruing may be added
				to the obligor's debt and will be subject to the passport denial or revocation
				program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-012 - CONTESTING CERTIFICATION

Current through June 17, 2024
The obligor may request an administrative review to contest
				  the certification to the U.S. Secretary of Health and Human Services. The
				  request must be made in writing postmarked within 45 calendar days of the date
				  of the notice of intent to certify. The contest and administrative review are
				  limited to:
(A) An error in the
				identity of the obligor;
(B) An
				error in the amount of past-due support;
(C) The non-existence of an order for
				support; or
(D) The non-existence
				of a support obligation.
012.01
CONDUCTING THE ADMINISTRATIVE REVIEW.
Upon receipt of
				a contest or complaint relating to certification to the U.S. Secretary of
				Health and Human Services, the Department will review the pertinent facts of
				the case to determine the validity of the obligor's complaint. The obligor will
				be notified of the Department's findings within 60 calendar days of the date of
				the receipt of the complaint. The notice of findings will include the
				procedures for requesting an administrative hearing.
012.02
REQUEST FOR AN
				ADMINISTRATIVE HEARING.
The obligor may request an administrative
				hearing to appeal the review findings. The request must be in writing and
				either delivered to the Department or postmarked within 30 calendar days of the
				date the review finding was issued. A hearing will be held within 30 calendar
				days of the receipt of the written request. The obligor will be notified of the
				hearing results within 15 calendar days of the hearing.
012.03
NOTIFICATION TO THE U.S.
				OFFICE OF CHILD SUPPORT ENFORCEMENT.
If the administrative review
				or appeal hearing results in a finding that the delinquent support amount
				should be reduced or deleted, the Department will notify the U.S. Office of
				Child Support Enforcement of the deletion or modification within 10 calendar
				days.
012.04
REVIEW BY
				THE STATE WITH THE ORIGINAL ORDER.
If the support order is from
				another state and the complaint cannot be resolved, the obligor may request an
				administrative review in the state with the original order.
012.04(A)
REQUEST MADE BY ANOTHER
				STATE.
If a request is made for review by another state, the
				Department will notify that state within 10 calendar days of the date of the
				request. The Department will provide that state with the proper documentation
				such as a copy of the order and any modifications, a copy of the payment record
				or the payee's affidavit, and the payee's address for non-Aid to Dependent
				Children (ADC) and Medicaid-only cases.
012.04(B)
HEARING NOTIFICATION TO
				PARTIES.
The other state receiving the request to conduct an
				administrative review is responsible for contacting the necessary parties to
				advise them of the date, time, and place of the review.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-013 - FEDERAL FINANCIAL ASSISTANCE

Current through June 17, 2024
Individuals who have delinquent child support obligations may
				  be denied federal financial assistance such as a federal loan, loan guarantee,
				  or loan insurance. If the Department elects to submit an obligor for denial of
				  federal financial assistance, notice will be sent to the obligor in the same
				  manner as notice for referral for Federal Tax Offset and Administrative Offset.
				  Obligors wishing to contest this must follow the procedures for contesting
				  Federal Tax Offset and Administrative Offset set forth in this chapter. The
				  arrearage threshold elected by the state for referral for denial of federal
				  financial assistance is $150 dollars for a public assistance case and $500 for
				  a non-public assistance or Medicaid-only case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 9 - ENFORCEMENT OF SUPPORT ORDERS › Section 466-9-014 - UNCLAIMED PROPERTY OFFSET

Current through June 17, 2024
The Uniform Disposition of Unclaimed Property Act, Neb. Rev.
				  Stat. §
									69-1301
				  et seq., authorizes the Department to file a claim against property of an
				  obligor for the purpose of applying it towards the obligor's arrearage under a
				  support order.
014.01
NOTIFICATION FROM DEPARTMENT.
If the Department
				intends to file a claim against property of an obligor under the Uniform
				Disposition of Unclaimed Property Act, it will send written notice by regular
				first-class mail to the obligor's last known address informing the obligor of:
(A) The basis for the claim to the unclaimed
				property;
(B) The intention to
				apply the unclaimed property towards the obligor's arrearage;
(C) The right to request an administrative
				review;
(D) The mailing address to
				send the request for an administrative review; and
(E) The timeframe within which to request an
				administrative review.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 10 - INTERGOVERNMENTAL CASES › Section 466-10-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act, the Uniform
				  Interstate Family Support Act (UIFSA), and other federal laws and regulations
				  set forth requirements for child support enforcement. This chapter relates to
				  intergovernmental cases involving two or more states, countries, or
				  tribes.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 10 - INTERGOVERNMENTAL CASES › Section 466-10-002 - INTERGOVERNMENTAL CENTRAL REGISTRY

Current through June 17, 2024
The Department has established an Intergovernmental Central
				  Registry responsible for receiving, transmitting, and responding to inquiries
				  on all incoming intergovernmental IV-D cases. Within 10 working days of receipt
				  of an intergovernmental IV-D case, the Intergovernmental Central Registry
				  will:
(A) Ensure that the
				documentation submitted with the case has been reviewed to determine
				completeness;
(B) Forward the case
				for necessary action to the State Parent Locator Service for location services
				or to the appropriate agency for processing;
(C) Acknowledge receipt of the case and
				request any missing documentation;
(D) Inform the initiating agency of the
				location and phone number of the Child Support Enforcement office where the
				case will be sent; and
(E) Forward
				the case to the appropriate Child Support Enforcement office for necessary
				action.
002.01
INADEQUATE
				DOCUMENTATION.
If the documentation received with a case is
				incomplete and cannot be remedied by the Intergovernmental Central Registry
				without the assistance of the initiating agency, the Intergovernmental Central
				Registry will forward the case for any action that can be taken pending
				necessary action by the initiating agency.
002.02
CASE STATUS
				INQUIRIES.
The Intergovernmental Central Registry will respond to
				case status inquiries from other agencies within five (5) working days of
				receipt of the case status review request.
002.03
RECEIPT OF NEW
				INFORMATION.
The Department will notify the responding agency
				within 10 working days of receipt of new case information on an
				intergovernmental case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 10 - INTERGOVERNMENTAL CASES › Section 466-10-003 - NEBRASKA AS INITIATING AGENCY

Current through June 17, 2024
The Department will determine whether the noncustodial parent
				  is in another jurisdiction and whether it is appropriate to use its long-arm
				  statute to establish paternity and establish, modify, and enforce a support
				  order, including medical support and income withholding. The Department will
				  also:
(A) Determine whether or not
				there is a support order or orders in effect in a case using the Federal and
				State Case Registries, state records, information provided by the recipient of
				services, and other relevant information available;
(B) Determine in which state a determination
				of the controlling order and reconciliation of arrearages may be made where
				multiple orders exist;
(C) Within
				20 calendar days of completing the actions set forth above in this section and
				receipt of any necessary information needed to process the case:
(i) Ask the appropriate intrastate tribunal,
				or refer the case to the appropriate responding state IV-D agency, for a
				determination of the controlling order and a reconciliation of arrearages if
				such a determination is necessary; and
(ii) Refer any intergovernmental IV-D case to
				the appropriate state central registry, Tribal IV-D program, or central
				authority of a country for action, if using the Nebraska long-arm statute is
				not appropriate;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 10 - INTERGOVERNMENTAL CASES › Section 466-10-004 - NEBRASKA AS RESPONDING AGENCY

Current through June 17, 2024
The Department accepts and processes intergovernmental
				  requests for services regardless of whether the initiating agency elected not
				  to use remedies that may be available under the law of that jurisdiction. The
				  Department will:
(A) Within 75 calendar
				days of receipt of an intergovernmental form and documentation from its
				Intergovernmental Central Registry.
(i)
				Provide location services if the request is for location services or the form
				or documentation does not include adequate location information on the
				noncustodial parent;
(ii) If unable
				to proceed with the case because of inadequate documentation, notify the
				initiating agency of the necessary additions or corrections to the form or
				documentation; and
(iii) If the
				documentation received with a case is incomplete and cannot be remedied without
				the assistance of the initiating agency, process the case to the extent
				possible pending necessary action by the initiating agency;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 10 - INTERGOVERNMENTAL CASES › Section 466-10-005 - PAYMENT AND RECOVERY OF COSTS IN INTERGOVERNMENTAL IV-D CASES

Current through June 17, 2024
Nebraska initially pays the costs it incurs in processing
				  intergovernmental IV-D cases, including the costs of genetic testing. If
				  paternity is established, the Department, at its election, may seek a judgment
				  for the costs of testing from the alleged father who denied paternity. The
				  Department may recover its costs of providing services in intergovernmental
				  non-Aid to Dependent Children (ADC) cases in accordance with applicable federal
				  and state laws. The.Department does not recover costs from a foreign
				  reciprocating country or from a foreign obligee in that country when providing
				  services. The Department identifies any fees or costs deducted from support
				  payments when forwarding payments to the initiating agency.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 10 - INTERGOVERNMENTAL CASES › Section 466-10-006 - INTERGOVERNMENTAL ADMINISTRATIVE SUBPOENA

Current through June 17, 2024
Federal and state laws allow for the IV-D agency to issue an
				  administrative subpoena to order genetic testing and to obtain financial or
				  other information needed to establish, modify, or enforce a support order,
				  without the necessity of obtaining a court order.
006.01
ADMINISTRATIVE SUBPOENA
				RECOGNITION.
The federal rules and regulations require all IV-D
				agencies to recognize the authority of other IV-D agencies to issue an
				administrative subpoena. In the case of an administrative subpoena issued in an
				intergovernmental case, the federally approved form, citing the applicable
				federal law, must be used.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 10 - INTERGOVERNMENTAL CASES › Section 466-10-007 - ADMINISTRATIVE ENFORCEMENT IN INTERGOVERNMENTAL CASES

Current through June 17, 2024
Nebraska uses high-volume automated administrative
				  enforcement, to the same extent as used for intrastate cases, in response to a
				  request made by another state to enforce support orders. The Department will
				  report the results of such enforcement procedure to the requesting
				  state.
007.01
REQUESTS
				FROM OTHER STATES.
Another state may, by electronic or other
				means, transmit to the Department a request for assistance in enforcing support
				orders through high-volume, automated administrative enforcement. The request
				must include sufficient information to enable the Department to compare the
				information about the cases to the information in the Nebraska databases. The
				requesting state must certify the amount the obligor is in arrears and that the
				requesting state has complied with all procedural due process requirements
				applicable to each case.
007.02
CASE NOT TRANSFERRED.
If the Department provides
				assistance to another state pursuant to this section, the case is not
				considered to be transferred to the caseload of the Department.
007.03
RECORDS.
The
				Department maintains records of the number of such requests for assistance
				received, the number of cases for which Nebraska collected support in response
				to such a request, and the amount of such collected support.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for child support
				  enforcement. This chapter relates to the collection and disbursement of support
				  payments.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-002 - DISTRIBUTION

Current through June 17, 2024
Distribution of support payments will be made according to
				  applicable state law in a manner consistent with the Personal Responsibility
				  and Work Opportunity Reconciliation Act of 1996 (PRWORA) and Part D of Title IV
				  of the Social Security Act. Support payments, except for amounts collected
				  through Federal Income Tax Refund Offset, are distributed as follows:
(A) First, the amount collected is
				distributed to satisfy the current monthly support obligations in the following
				order: Child support, spousal support, and lastly medical support;
(B) Second, the amount collected is applied
				toward any arrearages owed, in the following order: Child support arrearage,
				spousal support arrearage, and lastly medical support payment arrearage;
				and
(C) Third, the amount collected
				is applied toward the interest accrued on a child support arrearage, spousal
				support arrearage, or medical support arrearage in that order of priority.
002.01
ALLOCATION.
If an obligor has more than one order, collections are allocated
				proportionately across all orders unless a lawful exception exists including,
				but not limited to: Administrative Attachment under state statute; federal and
				state tax refund intercept; the Passport Revocation Program; and U.S. Attorney
				enforcement.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-003 - ASSIGNMENT OF SUPPORT

Current through June 17, 2024
Under current state statute, the right to support payments
				  that become due while the person is receiving applicable public payments, aid,
				  or assistance is assigned to the State of Nebraska. In certain circumstances,
				  support payments that became due while a person was not receiving public
				  assistance are also assigned. The State of Nebraska has elected not to waive
				  its rights to such assigned arrears and accrued interest. The amount of arrears
				  assigned to the State of Nebraska does not exceed the cumulative amount of
				  unreimbursed assistance paid to the family.
003.01
PERMANENTLY ASSIGNED
				ARREARAGES.
Support payments and interest accrued thereon are
				permanently assigned to the State of Nebraska when:
(A) Such support payments are or were
				assigned under an assignment of support rights in effect on or before September
				30, 1997; or
(B) Such support
				payments accrued under an assignment entered into on or after October 1, 1997,
				while a family is or was receiving assistance.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-004 - FEDERAL INCOME TAX OFFSET DISTRIBUTION

Current through June 17, 2024
Any amounts collected through federal income tax offset
				  represent an arrears collection and are applied to state debt first. Any amount
				  above the state debt owed is distributed to the court-ordered payee for
				  arrearages owed. Collections in excess of arrearages owed are returned to the
				  obligor whose federal income tax refund was offset.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-005 - USE OF UNDISBURSED SUPPORT PAYMENTS CONSIDERED ABANDONED PROPERTY

Current through June 17, 2024
Support payments received on or after December 23, 2001, that
				  are unable to be disbursed or returned within three (3) years are considered
				  abandoned property and are treated as program income for the Child Support
				  Enforcement program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-006 - CLAIMS AGAINST ABANDONED PAYMENTS

Current through June 17, 2024
Abandoned support payments will be disbursed to a
				  subsequently located payee or other designated recipient if the Department has
				  verified the identity of the person and determined that the person has a
				  legitimate claim to the payment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-007 - INTERGOVERNMENTAL CASES

Current through June 17, 2024
Nebraska processes both intergovernmental cases and in-state
				  cases using the distribution formula specified by federal and state law. If
				  Nebraska is the responding state, it collects and monitors support payments and
				  forwards payments to the initiating state. If Nebraska is the initiating state,
				  it distributes support payments within two (2) business days. If a responding
				  state deducts any fees from a payment before forwarding the payment to
				  Nebraska, the obligor will receive credit for the full payment
				  amount.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-008 - STATE DISBURSEMENT UNIT AUTOMATED PROCEDURES AND ELECTRONIC PROCESSES

Current through June 17, 2024
The State Disbursement Unit has automated procedures and
				  electronic processes for the collection and disbursement of support payments.
				  An individual may make a written request to the Department for an exception to
				  the use of an automated procedure or electronic process. The request will be
				  considered on an individual basis weighing factors such as disability, legal
				  incapacity, and distance or other barrier to accessing a financial institution
				  or automated teller. Exceptions are at the sole discretion of the Department
				  and may be subject to periodic review. The decision of the Department is not
				  appealable.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-009 - OBLIGEE ACCOUNT ACTIVITY SUMMARY

Current through June 17, 2024
Obligees will receive a quarterly account activity summary
				  statement from the Department. The statement will contain specific demographic,
				  case, and payment information consistent with
				  45 CFR
				  302.54 and other applicable
				  laws.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-010 - RECOVERY OF OVERPAYMENTS

Current through June 17, 2024
The Department makes reasonable efforts to recoup support
				  overpayments. Overpayments occur in a number of ways including, but are not
				  limited to: a misdirected payment to the wrong payee; payment to a payee whose
				  right to receive support or arrears has been assigned to the state; payments
				  from intercepted tax refunds in error or owed back to the Internal Revenue
				  Service (IRS) or the Nebraska Department of Revenue because of an amended tax
				  return; or an erroneous payment based on an insufficient funds check; or a
				  reversal of an electronic payment.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 11 - COLLECTION AND DISTRIBUTION › Section 466-11-011 - REQUEST FOR ADMINISTRATIVE REVIEW

Current through June 17, 2024
A person who has received an overpayment may request an
				  administrative hearing to appeal any administrative enforcement action taken to
				  recover support overpayments. In order to suspend collection efforts, the
				  overpaid party must send a written request for an administrative hearing to the
				  Department within 10 calendar days of the date of notification of the
				  overpayment. The overpaid party may request a hearing within 90 calendar days
				  of the notification of overpayment, but collection efforts will continue.
				  Hearings will be scheduled within 30 calendar days after receipt of a proper
				  written request. Results of an administrative hearing will be sent within 15
				  calendar days of the hearing.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 12 - CONFIDENTIALITY AND SAFEGUARDING INFORMATION › Section 466-12-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for cooperation with child
				  support enforcement. This chapter relates to confidentiality and safeguarding
				  information.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 12 - CONFIDENTIALITY AND SAFEGUARDING INFORMATION › Section 466-12-002 - MAINTAINING CONFIDENTIALITY

Current through June 17, 2024
Confidential information in a child support case is used only
				  for the administration of the IV-D program or for specific purposes as provided
				  by state or federal law. All support records are confidential and information
				  contained in the support file is safeguarded to protect the privacy rights of
				  the parties. For the purposes of this section, a support record includes all
				  file records regardless of the format in which they are kept.
002.01
AUTHORIZED DISCLOSURE OF
				CONFIDENTIAL INFORMATION.
Use or disclosure of information
				concerning custodial parties, noncustodial parties, non-parental relatives, or
				children associated with child support enforcement is limited to programs and
				purposes directly connected with:
(1) The
				administration of the Child Support Enforcement IV-D Program;
(2) The administration of IV-A, IV-B, IV-E,
				Supplemental Nutrition Assistance Program (SNAP) and Medicaid Programs
				including Tribal programs under IV-A, IV-B, IV-E, Supplemental Nutrition
				Assistance Program (SNAP) and Medicaid;
(3) Any investigation, prosecution, criminal
				proceeding, or civil proceeding conducted in connection with the administration
				of the programs identified in this section;
(4) The location of an individual in
				connection with known or suspected mental or physical injury, sexual abuse or
				exploitation, or negligent treatment or maltreatment of a child who is the
				subject of child support activity when circumstances indicate that the child's
				health or welfare is threatened;
(5) The location of an individual in
				connection with a parental kidnapping, child custody, or visitation case as
				specified in this title; or
(6)
				State or federal law which allows or requires disclosure.
002.01(A)
DATA
				REQUESTS.
Only authorized persons or entities are permitted to
				request data from the State Parent Locator Service or Federal Parent Locator
				Service for authorized purposes.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 12 - CONFIDENTIALITY AND SAFEGUARDING INFORMATION › Section 466-12-003 - FAMILY VIOLENCE INDICATOR

Current through June 17, 2024
Notwithstanding any other provision in this title, the
				  Department has authority to place a family violence indicator in any case file
				  when:
(A) There is a protective order,
				restraining order, or standing criminal restraining order in effect relating to
				one of the parties or a child; or
(B) When the Department has reason to believe
				that the release of the information may result in physical or emotional harm to
				a party.
003.01
RELEASE OF
				INFORMATION.
When a family violence indicator has been placed in a
				case, no information may be released to any individual or entity concerning the
				whereabouts of the protected party or child.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 12 - CONFIDENTIALITY AND SAFEGUARDING INFORMATION › Section 466-12-004 - RELEASE TO COURT

Current through June 17, 2024
A court which has authority to issue an order against a
				  noncustodial parent for the support and maintenance of a child, or to issue an
				  order against a resident parent for child custody or visitation rights, or any
				  agent of such court may request through a court order, information from a case
				  file upon which a family violence indicator has been placed. The information
				  will be delivered to the court. Upon receiving the information, the court shall
				  determine whether disclosure to any other person could be harmful to the parent
				  or child and, if the court determines that disclosure to any other person could
				  be harmful, the court and its agents shall not make any such
				  disclosure.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 12 - CONFIDENTIALITY AND SAFEGUARDING INFORMATION › Section 466-12-005 - INTERNAL REVENUE SERVICE INFORMATION

Current through June 17, 2024
The Department and its agents only use tax return information
				  disclosed by the Internal Revenue Service (IRS) to the extent necessary to
				  establish or collect a support obligation. This restriction also applies to
				  other information received in any manner from the Internal Revenue Service
				  (IRS). Internal Revenue Service (IRS) information is not disclosed outside the
				  IV-D program unless independently verified or otherwise authorized in federal
				  statute.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 12 - CONFIDENTIALITY AND SAFEGUARDING INFORMATION › Section 466-12-006 - NEBRASKA DEPARTMENT OF REVENUE INFORMATION

Current through June 17, 2024
The Department and its agents only use information disclosed
				  by the Nebraska Department of Revenue to the extent necessary to establish or
				  collect a child support obligation. Nebraska Department of Revenue information
				  is not disclosed outside the IV-D program unless independently verified or
				  otherwise authorized by applicable law.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 12 - CONFIDENTIALITY AND SAFEGUARDING INFORMATION › Section 466-12-007 - STATE FINANCIAL INSTITUTION DATA MATCH AND MULTI-STATE FINANCIAL INSTITUTION DATA MATCH

Current through June 17, 2024
The Department and its agents only use financial institution
				  information disclosed through the State Financial Institution Data Match and
				  Multi-State Financial Institution Data Match programs, to the extent necessary
				  to enforce a support obligation. Financial institution information is not
				  disclosed outside the IV-D program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 13 - MEDICAL SUPPORT › Section 466-13-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for support enforcement.
				  This chapter relates to medical support.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 13 - MEDICAL SUPPORT › Section 466-13-002 - NATIONAL MEDICAL SUPPORT NOTICE

Current through June 17, 2024
The Department uses a National Medical Support Notice as one
				  means to enforce the provision of health care coverage for a child of parents
				  who are required to provide health care coverage pursuant to a court order and
				  for whom the employer is known unless a lawful exception exists.
002.01
NATIONAL MEDICAL SUPPORT
				NOTICE TIMEFRAMES.
Within two (2) business days after the receipt
				of information regarding employment of an obligor in a IV-D case from the
				Directory of New Hires, the Department will send a National Medical Support
				Notice to the obligor's employer. In a IV-D case, when employment information
				is obtained by the Department from sources other than the Directory of New
				Hires, a National Medical Support Notice will be sent to the obligor's employer
				but the notice does not need to be sent within two (2) business days of receipt
				of the employment information.
002.02
EXCEPTIONS TO THE USE OF
				THE NATIONAL MEDICAL SUPPORT NOTICE.
The Department may elect not
				to send a National Medical Support Notice when:
(A) A court or administrative order
				stipulates alternative health care coverage to employer-based
				coverage;
(B) Health care coverage
				is not available at reasonable cost;
(C) Health care coverage is not accessible;
				or
(D) Health care coverage is not
				available to the obligor at the time the employment information is received.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 13 - MEDICAL SUPPORT › Section 466-13-003 - CONFIDENTIALITY

Current through June 17, 2024
The Department may provide the Social Security Number (SSN)
				  of a child to insurers, health care plans, or the obligor for enrollment
				  purposes if there is a court order requiring health care coverage. If there is
				  no court order but the noncustodial party is willing to provide health care
				  coverage, the Department may provide the Social Security Number (SSN) of a
				  child directly to the insurer or health care plan.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 467 - MEDICALLY HANDICAPPED CHILDREN'S PROGRAM › Chapter 1 - ADMINISTRATION › Section 467-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
The Medically Handicapped Children's Program includes Title V
				  Services for Medically Handicapped Children's Program, Genetically Handicapped
				  Persons Program, and Disabled Children's Program.
001.01
PURPOSE.
The
				purpose of the Medically Handicapped Children's Program is to develop, improve,
				and strengthen standards and services for children with special health care
				needs and:
(A) To promote systems development
				to improve the organization and delivery of high quality services for children
				with special health care needs and their families with an emphasis on
				community-based services;
(B) To
				promote coordinated comprehensive care within a medical home;
(C) To provide culturally competent services
				and support by assisting families of children with special health care needs
				within a community and to identify and meet their needs through coordination of
				informal and formal supports;
(D)
				To develop, promote, and improve the standards of care for children with
				special health care needs;
(E) To
				promote efforts that emphasize early evaluation and treatment, health-related
				education and advocacy in order that children with special health care needs
				and their families may maximize their full potentials; and
(F) To increase public awareness through the
				establishment of outreach efforts.