43-1720 Notice to employer, payor, or obligor; contents. - Nebraska Statutes

43-1720. Notice to employer,payor, or obligor; contents.If the departmenthas previously sent a notice of assignment and opportunity for hearing onthe same support order under section 48-647, the county attorney, authorizedattorney, or the department shall state the amount to be withheldfrom an obligor's disposable income pursuant to section 43-1722 and shallnotify the obligor's employer or other payor pursuant to section 43-1723.If the department has not previously sent such notice, and except in casesin which the court has ordered income withholding pursuant to subsection (1)of section 43-1718.01 or section 43-1718.02, upon receiving certificationpursuant to section 42-358 or notice of delinquent payments of medical support,the county attorney, the authorized attorney, or the department shall senda notice by certified mail to the last-known address of the obligor stating:(1) That an assignment of his or her income by means of incomewithholding will go into effect within fifteen days after the date the noticeis sent;(2) That the income withholding will continue to apply toany subsequent employer or other payor of the obligor;(3) The amount of support andany monetary judgment the obligor owes;(4) The amount of income that will be withheld; and(5) That within the fifteen-day period, the obligor may requesta hearing in the manner specified in the notice to contest a mistake of fact.For purposes of this subdivision, mistake of fact shall mean (a) an errorin the amount of current or overdue support orthe amount of any monetary judgment, (b) an error in the identityof the obligor, or (c) an error in the amount to be withheld as provided insection 43-1722. SourceLaws 1985, Second Spec. Sess., LB 7, § 40; Laws 1986, LB 600, § 3; Laws 1991, LB 457, § 29; Laws 1993, LB 523, § 15; Laws 1994, LB 1224, § 68; Laws 1996, LB 1044, § 205; Laws 1996, LB 1155, § 12; Laws 1997, LB 307, § 81; Laws 2007, LB296, § 131; Laws 2010, LB712, § 33.Operative Date: July 15, 2010AnnotationsUnless a prior notice has been sent and except where a court has ordered income withholding for child support, the notice of income withholding is triggered by receipt of certification from the clerk of the district court made pursuant to section 42-358. McKibbin v. State, 5 Neb. App. 570, 560 N.W.2d 507 (1997).