State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1723

43-1723. Notice to employeror other payor; contents; compliance; effect.Exceptas otherwise provided in this section, the county attorney, the authorizedattorney, or the department shall notify the obligor's employer or other payor,by first-class mail or by electronic means, within the time determined bythe department which shall comply with the requirements of Title IV-D of thefederal Social Security Act, as amended. The notice shall specify the basisfor the assignment of income and shall direct:(1) That the employer or other payor shall withhold fromthe obligor's disposable income the amount stated by the county attorney,the authorized attorney, or the department for the purpose of reducing andsatisfying the obligor's (a) previous arrearage in child, spousal, or medicalsupport payments arising from the obligor's failure to fully comply with asupport order previously entered, (b) ongoing obligationfor support payments as they become due,and (c) then any monetary judgment;(2) That the employer or other payor shall implement incomewithholding no later than the first pay period that begins following the dateon the notice;(3) That the employer or other payor shall pay to the obligor,on his or her regularly scheduled payday, such income then due which is not stated to be withheld pursuant to section 43-1722or any court order;(4) That the employer or other payor may assess an additionaladministrative fee from the obligor's disposable income not to exceed twodollars and fifty cents in any calendar month as compensation for the employer'sor other payor's reasonable cost incurred in complying with the notice;(5) That the employer or other payor shall remit, withinseven days after the date the obligor is paid and in the manner specifiedin the notice, the income withheld, less the deduction allowed as an administrativeexpense by subdivision (4) of this section, to the State Disbursement Unitas designated in the notice and shall notify the unit of the date such incomewas withheld;(6) That the employer or other payor shall notify the countyattorney, the authorized attorney, or the department in writing of the terminationof the employment or income of the obligor, the last-known address of theobligor, and the name and address of the obligor's new employer or other payor,if known, and shall provide such written notification within thirty days afterthe termination of employment or income;(7) That income withholding is binding on the employer orother payor until further notice by the county attorney, the authorized attorney,or the department;(8) That the employer or other payor may combine amountsrequired to be withheld from the income of two or more obligors in a singlepayment to the unit as designated in an income withholding notice if the portionof the single payment which is attributable to each individual obligor isseparately identified;(9) That an employer or other payor who fails to withholdand remit income of an obligor after receiving proper notice or who discriminates,demotes, disciplines, or terminates an employee or payee after receiving anincome withholding notice shall be subject to the penalties prescribed insections 43-1724 and 43-1725; and(10) That if the employer or other payor receives more thanone notice to withhold income of a single obligor and the amount of incomeavailable to be withheld pursuant to the limits specified in section 43-1722is insufficient to satisfy the total support amount stated inthe notices, the income available shall first be applied to current support.If the total amount of income available to be withheld is insufficient tosatisfy the total amount of current support stated by the notices, theemployer or other payor shall withhold for each notice the proportion thatthe amount of the current support stated in such notice bearsto the total amount of current support stated in all notices receivedfor the obligor. Any remaining income available to be withheld after currentsupport is satisfied for all notices shall be applied to arrearages. If arrearagesare stated in more than one notice,the employer or other payor shall withhold for each notice the proportionthat the amount of the arrearage stated in such notice bearsto the total amount of arrearage stated in all notices receivedfor the obligor. Any incomeavailable to be withheld after the obligor's support obligation is currentshall be applied to any monetary judgment. If a monetary judgment is statedin more than one notice, the employer or other payor shall withhold for eachnotice the proportion that the amount of the monetary judgments stated insuch notice bears to the total amount of monetary judgments stated in allnotices received for the obligor.Compliance with the order by the employer or other payorshall operate as a discharge of the employer's or other payor's liabilityto the obligor as to the portion of the obligor's income withheld. The countyattorney, the authorized attorney, or the department need not notify the Commissionerof Labor as a payor if the commissioner is withholding for child support fromthe obligor under section 48-647 for the same support order. SourceLaws 1985, Second Spec. Sess., LB 7, § 43; Laws 1986, LB 600, § 5; Laws 1991, LB 457, § 32; Laws 1993, LB 523, § 17; Laws 1996, LB 1155, § 14; Laws 1997, LB 752, § 105; Laws 2000, LB 972, § 24; Laws 2003, LB 245, § 3; Laws 2010, LB712, § 35.Operative Date: July 15, 2010

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1723

43-1723. Notice to employeror other payor; contents; compliance; effect.Exceptas otherwise provided in this section, the county attorney, the authorizedattorney, or the department shall notify the obligor's employer or other payor,by first-class mail or by electronic means, within the time determined bythe department which shall comply with the requirements of Title IV-D of thefederal Social Security Act, as amended. The notice shall specify the basisfor the assignment of income and shall direct:(1) That the employer or other payor shall withhold fromthe obligor's disposable income the amount stated by the county attorney,the authorized attorney, or the department for the purpose of reducing andsatisfying the obligor's (a) previous arrearage in child, spousal, or medicalsupport payments arising from the obligor's failure to fully comply with asupport order previously entered, (b) ongoing obligationfor support payments as they become due,and (c) then any monetary judgment;(2) That the employer or other payor shall implement incomewithholding no later than the first pay period that begins following the dateon the notice;(3) That the employer or other payor shall pay to the obligor,on his or her regularly scheduled payday, such income then due which is not stated to be withheld pursuant to section 43-1722or any court order;(4) That the employer or other payor may assess an additionaladministrative fee from the obligor's disposable income not to exceed twodollars and fifty cents in any calendar month as compensation for the employer'sor other payor's reasonable cost incurred in complying with the notice;(5) That the employer or other payor shall remit, withinseven days after the date the obligor is paid and in the manner specifiedin the notice, the income withheld, less the deduction allowed as an administrativeexpense by subdivision (4) of this section, to the State Disbursement Unitas designated in the notice and shall notify the unit of the date such incomewas withheld;(6) That the employer or other payor shall notify the countyattorney, the authorized attorney, or the department in writing of the terminationof the employment or income of the obligor, the last-known address of theobligor, and the name and address of the obligor's new employer or other payor,if known, and shall provide such written notification within thirty days afterthe termination of employment or income;(7) That income withholding is binding on the employer orother payor until further notice by the county attorney, the authorized attorney,or the department;(8) That the employer or other payor may combine amountsrequired to be withheld from the income of two or more obligors in a singlepayment to the unit as designated in an income withholding notice if the portionof the single payment which is attributable to each individual obligor isseparately identified;(9) That an employer or other payor who fails to withholdand remit income of an obligor after receiving proper notice or who discriminates,demotes, disciplines, or terminates an employee or payee after receiving anincome withholding notice shall be subject to the penalties prescribed insections 43-1724 and 43-1725; and(10) That if the employer or other payor receives more thanone notice to withhold income of a single obligor and the amount of incomeavailable to be withheld pursuant to the limits specified in section 43-1722is insufficient to satisfy the total support amount stated inthe notices, the income available shall first be applied to current support.If the total amount of income available to be withheld is insufficient tosatisfy the total amount of current support stated by the notices, theemployer or other payor shall withhold for each notice the proportion thatthe amount of the current support stated in such notice bearsto the total amount of current support stated in all notices receivedfor the obligor. Any remaining income available to be withheld after currentsupport is satisfied for all notices shall be applied to arrearages. If arrearagesare stated in more than one notice,the employer or other payor shall withhold for each notice the proportionthat the amount of the arrearage stated in such notice bearsto the total amount of arrearage stated in all notices receivedfor the obligor. Any incomeavailable to be withheld after the obligor's support obligation is currentshall be applied to any monetary judgment. If a monetary judgment is statedin more than one notice, the employer or other payor shall withhold for eachnotice the proportion that the amount of the monetary judgments stated insuch notice bears to the total amount of monetary judgments stated in allnotices received for the obligor.Compliance with the order by the employer or other payorshall operate as a discharge of the employer's or other payor's liabilityto the obligor as to the portion of the obligor's income withheld. The countyattorney, the authorized attorney, or the department need not notify the Commissionerof Labor as a payor if the commissioner is withholding for child support fromthe obligor under section 48-647 for the same support order. SourceLaws 1985, Second Spec. Sess., LB 7, § 43; Laws 1986, LB 600, § 5; Laws 1991, LB 457, § 32; Laws 1993, LB 523, § 17; Laws 1996, LB 1155, § 14; Laws 1997, LB 752, § 105; Laws 2000, LB 972, § 24; Laws 2003, LB 245, § 3; Laws 2010, LB712, § 35.Operative Date: July 15, 2010

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1723

43-1723. Notice to employeror other payor; contents; compliance; effect.Exceptas otherwise provided in this section, the county attorney, the authorizedattorney, or the department shall notify the obligor's employer or other payor,by first-class mail or by electronic means, within the time determined bythe department which shall comply with the requirements of Title IV-D of thefederal Social Security Act, as amended. The notice shall specify the basisfor the assignment of income and shall direct:(1) That the employer or other payor shall withhold fromthe obligor's disposable income the amount stated by the county attorney,the authorized attorney, or the department for the purpose of reducing andsatisfying the obligor's (a) previous arrearage in child, spousal, or medicalsupport payments arising from the obligor's failure to fully comply with asupport order previously entered, (b) ongoing obligationfor support payments as they become due,and (c) then any monetary judgment;(2) That the employer or other payor shall implement incomewithholding no later than the first pay period that begins following the dateon the notice;(3) That the employer or other payor shall pay to the obligor,on his or her regularly scheduled payday, such income then due which is not stated to be withheld pursuant to section 43-1722or any court order;(4) That the employer or other payor may assess an additionaladministrative fee from the obligor's disposable income not to exceed twodollars and fifty cents in any calendar month as compensation for the employer'sor other payor's reasonable cost incurred in complying with the notice;(5) That the employer or other payor shall remit, withinseven days after the date the obligor is paid and in the manner specifiedin the notice, the income withheld, less the deduction allowed as an administrativeexpense by subdivision (4) of this section, to the State Disbursement Unitas designated in the notice and shall notify the unit of the date such incomewas withheld;(6) That the employer or other payor shall notify the countyattorney, the authorized attorney, or the department in writing of the terminationof the employment or income of the obligor, the last-known address of theobligor, and the name and address of the obligor's new employer or other payor,if known, and shall provide such written notification within thirty days afterthe termination of employment or income;(7) That income withholding is binding on the employer orother payor until further notice by the county attorney, the authorized attorney,or the department;(8) That the employer or other payor may combine amountsrequired to be withheld from the income of two or more obligors in a singlepayment to the unit as designated in an income withholding notice if the portionof the single payment which is attributable to each individual obligor isseparately identified;(9) That an employer or other payor who fails to withholdand remit income of an obligor after receiving proper notice or who discriminates,demotes, disciplines, or terminates an employee or payee after receiving anincome withholding notice shall be subject to the penalties prescribed insections 43-1724 and 43-1725; and(10) That if the employer or other payor receives more thanone notice to withhold income of a single obligor and the amount of incomeavailable to be withheld pursuant to the limits specified in section 43-1722is insufficient to satisfy the total support amount stated inthe notices, the income available shall first be applied to current support.If the total amount of income available to be withheld is insufficient tosatisfy the total amount of current support stated by the notices, theemployer or other payor shall withhold for each notice the proportion thatthe amount of the current support stated in such notice bearsto the total amount of current support stated in all notices receivedfor the obligor. Any remaining income available to be withheld after currentsupport is satisfied for all notices shall be applied to arrearages. If arrearagesare stated in more than one notice,the employer or other payor shall withhold for each notice the proportionthat the amount of the arrearage stated in such notice bearsto the total amount of arrearage stated in all notices receivedfor the obligor. Any incomeavailable to be withheld after the obligor's support obligation is currentshall be applied to any monetary judgment. If a monetary judgment is statedin more than one notice, the employer or other payor shall withhold for eachnotice the proportion that the amount of the monetary judgments stated insuch notice bears to the total amount of monetary judgments stated in allnotices received for the obligor.Compliance with the order by the employer or other payorshall operate as a discharge of the employer's or other payor's liabilityto the obligor as to the portion of the obligor's income withheld. The countyattorney, the authorized attorney, or the department need not notify the Commissionerof Labor as a payor if the commissioner is withholding for child support fromthe obligor under section 48-647 for the same support order. SourceLaws 1985, Second Spec. Sess., LB 7, § 43; Laws 1986, LB 600, § 5; Laws 1991, LB 457, § 32; Laws 1993, LB 523, § 17; Laws 1996, LB 1155, § 14; Laws 1997, LB 752, § 105; Laws 2000, LB 972, § 24; Laws 2003, LB 245, § 3; Laws 2010, LB712, § 35.Operative Date: July 15, 2010

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