43-1718.02 Obligor; subject to income withholding; when; notice; employer or other payor; prohibited acts; violation; penalty; termination or modification; notice; enforcement. - Nebraska Statutes

43-1718.02. Obligor;subject to income withholding; when; notice; employer or other payor; prohibitedacts; violation; penalty; termination or modification; notice; enforcement.(1) In any case in which services are not provided underTitle IV-D of the federal Social Security Act, as amended, and a support orderhas been issued or modified on or after July 1, 1994, the obligor's incomeshall be subject to income withholding regardless of whether or not paymentspursuant to such order are in arrears, and the court shall require such incomewithholding in its order unless:(a) One of the parties demonstrates and the court finds thatthere is good cause not to require immediate income withholding; or(b) A written agreement between the parties providing analternative arrangement is incorporated into the support order.(2) If the court pursuant to subsection (1) of this sectionorders income withholding regardless of whether or not payments are in arrears,the obligor shall prepare a notice to withhold income. The notice to withholdincome shall be substantially similar to a prototype prepared by the departmentand made available by the department to the State Court Administrator andthe clerks of the district courts. The notice to withhold shall direct:(a) That the employer or other payor shall withhold fromthe obligor's disposable income the amount stated in the notice to withholdfor the purpose of satisfying the obligor's ongoing obligation for supportpayments as they become due, if there are arrearages, to reduce such arrearages in child, spousal,or medical support payments arising from the obligor's failure to fully complywith a support order, and afterthe obligor's support obligation is current, to satisfy any monetary judgmentagainst the obligor;(b) That the employer or other payor shall pay to the obligor,on his or her regularly scheduled payday, such income then due which is notrequired to be withheld as stated on the notice or pursuant to any court order;(c) That the employer or other payor shall not withhold morethan the maximum amount permitted to be withheld under section 303(b) of thefederal Consumer Credit Protection Act, 15 U.S.C. 1673(b)(2)(A) and (B), andthe amount withheld, includinginterest, to satisfy an arrearage of child, spousal, or medicalsupport or any monetary judgment whenadded to the amount withheld to pay current support and the fee provided forin subdivision (2)(d) of this section shall not exceed such maximum amount;(d) 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;(e) 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 administrativefee by subdivision (2)(d) of this section, to the State Disbursement Unitand shall notify the unit of the date such income was withheld;(f) That the notice to withhold income shall terminate withrespect to the employer or other payor without any court action or actionby the obligor thirty days after the obligor ceases employment with or isno longer entitled to income from such employer or other payor;(g) 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 if the portion of the single payment which is attributableto each individual obligor is separately identified;(h) 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 anotice to withhold income shall be subject to the penalties prescribed insubsections (4) and (5) of this section; and(i) 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 subdivision (c)of this subsection is insufficient to satisfy the total support amount stated in the notices, the income availableshall first be applied to current support. If the total amount of income availableto be withheld is insufficient to satisfy the total amount of current support stated by the notices, the employer or otherpayor shall withhold for each notice the proportion that the amount of thecurrent 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.(3) The obligor shall deliver the notice to withhold incometo his or her current employer or other payor and provide a copy of such noticeto the clerk of the district court.(4) Any employer or other payor who fails to withhold andremit any income of an obligor receiving income from the employer or otherpayor, after proper notice as provided in subsection (2) of this section,shall be required to pay to the unit the amount specified in the notice.(5)(a) An employer or otherpayor shall not use an order or notice to withhold income or order or thepossibility of income withholding as a basis for (i) discriminationin hiring, (ii) demotion of an employeeor payee, (iii) disciplinary actionagainst an employee or payee, or (iv) termination of an employeeor payee.(b) Uponapplication by the obligor and after a hearing on the matter, the court mayimpose a civil fine of up to five hundred dollars for each violation of thissubsection.(c) Anemployer or other payor who violates this subsection shall be required tomake full restitution to the aggrieved employee or payee, including reinstatementand backpay.(6) When an obligor ceases employment with or is no longerentitled to income from an employer or other payor, the notice to withholdincome shall not cease to operate against the obligor and income withholdingshall continue to apply to any subsequent employment or income of the obligor.The notice to withhold income shall terminate with respect to the employeror other payor without any court action or action by the obligor thirty daysafter the obligor ceases employment with or is no longer entitled to incomefrom such employer or other payor. A notice to withhold income shall alsoterminate when the child, spousal, or medical support obligation terminates, all past-due support has been paid, and any monetary judgment has been paid,in which case the obligor shall notify the employer or other payor to ceasewithholding income.(7) A notice to withhold income may be modified or revokedby a court of competent jurisdiction as a result of modification of the supportorder. A notice to withhold income may also be modified or revoked by a courtof competent jurisdiction, for other good cause shown, after notice and ahearing on the issue.(8) The obligee or obligor may file an action in districtcourt to enforce this section.(9) If after an order is issued in any case under this sectionthe case becomes one in which services are provided under Title IV-D of thefederal Social Security Act, as amended, the county attorney or authorizedattorney or the Department of Health and Human Services shall implement incomewithholding as otherwise provided in the Income Withholding for Child SupportAct. SourceLaws 1994, LB 1224, § 67; Laws 1996, LB 1044, § 204; Laws 1996, LB 1155, § 11; Laws 1997, LB 307, § 80; Laws 1997, LB 752, § 104; Laws 2000, LB 972, § 23; Laws 2007, LB296, § 130; Laws 2010, LB712, § 32.Operative Date: July 15, 2010