State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-512_07

43-512.07. Assignmentof child, spousal, or medical support payments; when; duration; notice; unpaidcourt-ordered support; how treated.(1) Any action,payment, aid, or assistance listed in this subsection shall constitute an assignmentby operation of law to the Department of Health and Human Services of anyright to spousal or medical support, whenordered by the court, andto child support, whetheror not ordered by the court, whicha person may have in his orher own behalf or on behalf of any other person for whom suchperson receives such payments, aid, or assistance:(a) Application for and acceptance of one or more aid to dependentchildren payments by a parent, another relative, or a custodian;(b) Receipt of aid by or on behalf of any dependent childas defined in section 43-504; or(c) Receipt of aid from child welfare funds.The assignmentunder this section is the right to support payments that become due whilethe person is receiving payments, aid, or assistance listed in this subsection. Thedepartment shall be entitled to retain such child, spousal, or other supportup to the amount of payments, aid, or assistance provided to a recipient.For purposes of this section, the right to receive child support shall belongto the child and the assignment shall be effective as to any such supporteven if the recipient of the payments, aid, or assistance is not the sameas the payee of court-ordered support.(2) After notification of the State Disbursement Unit receivingthe child, spousal, or other support payments made pursuant to a court orderthat the person for whom such support is ordered is a recipient of payments,aid, or assistance listed in subsection (1) of this section, the departmentshall also give notice to the payee named in the court order at his or herlast-known address.(3) Upon written or other notification from the departmentor from another state of such assignment of child, spousal, or other supportpayments, the State Disbursement Unit shall transmit the support paymentsreceived to the department or the other state without the requirement of asubsequent order by the court. The State Disbursement Unit shall continueto transmit the support payments for as long as the payments, aid, or assistancelisted in subsection (1) of this section continues.(4) Any court-ordered child, spousal, or other support remainingunpaid forthe months during which such payments, aid, or assistance was made shallconstitute a debt and a continuing assignment at the termination of payments,aid, or assistance listed in subsection (1) of this section, collectible bythe department or other state as reimbursement for such payments, aid, orassistance. The continuing assignment shall onlyapply to support payments made during a calendar period which exceed the specificamount of support ordered for that period. When payments, aid, or assistancelisted in subsection (1) of this section have ceased and upon notice by thedepartment or the other state, the State Disbursement Unit shall continueto transmit to the department or the other state any support payments received in excess ofthe amount of support ordered for that specific calendar period until notifiedby the department or the other state that the debt has been paid in full. SourceLaws 1976, LB 926, § 9; Laws 1981, LB 345, § 5; Laws 1985, Second Spec. Sess., LB 7, § 71; Laws 1986, LB 600, § 13; Laws 1987, LB 599, § 13; Laws 1991, LB 457, § 11; Laws 1993, LB 435, § 3; Laws 1995, LB 524, § 1; Laws 1996, LB 1044, § 161; Laws 1997, LB 307, § 63; Laws 2000, LB 972, § 18; Laws 2009, LB288, § 9.