46-444

46-444. Transfer of support rights;
disbursement of support payments

A. In a title IV-D case in which an order of child support has been established and
the obligee under the order surrenders physical custody of the child to a caretaker for
thirty consecutive days, without obtaining a modification of legal custody, the obligee's
right to child support for that child transfers to the caretaker by operation of law and
is subject to assignment by the caretaker pursuant to section 46-407. The transfer of the
right to child support terminates when the caretaker no longer has physical custody of
the child, except for the amount of unpaid child support still owing to the caretaker or
to the department.

B. The department may disburse child support payments to the appropriate person,
organization or agency authorized to receive or collect child support or to a caretaker
who has had physical custody of the child for thirty consecutive days or physical custody
with the obligee's consent for thirty consecutive days.

C. The department may retain child support payments assigned by the caretaker on
verification that the caretaker is receiving cash assistance for a child subject to a
support order and the child support payment is subject to an assignment pursuant to
section 46-407.

D. In a title IV-D case in which there has never been an assignment of child
support, on determination that physical custody has changed, the department may disburse
all child support collected after physical custody has changed to the caretaker.

E. Before it disburses child support payments to any person other than the obligee,
the department shall:

1. Obtain a written statement from the child's caretaker, and if possible from the
obligee, under penalty of perjury, stating that the caretaker has had physical custody of
the child for thirty consecutive days or custody with the obligee's consent for a period
of thirty consecutive days.

2. Mail a copy of the caretaker's statement and, if applicable, verification that
the caretaker is receiving cash assistance for the child or children along with a notice
of the change in disbursement to the obligor and obligee at the obligor's and obligee's
last known addresses.

3. File a copy of the notice of change in disbursement with the clerk of the court
that entered the original support order.

F. The obligee, obligor or other caretaker may object to the disbursement to the
caretaker by requesting an administrative review pursuant to section 25-522 within ten
days after the date of the notice. The administrative review is limited to deciding if
the caretaker has lawful physical custody of the child or physical custody with the
obligee's consent.

G. If an obligor notifies the department of the obligor's intent to obtain custody
for the child or children, child support payments continue to go to the caretaker until
the obligor obtains a current order granting custody.

H. If the obligee claims that the child remains in the obligee's custody, and the
caretaker has not received cash assistance, on a determination that the physical custody
is with a caretaker, the department may distribute child support collected to the
caretaker.