43-512.15 Title IV-D child support order; modification; when; procedures. - Nebraska Statutes

43-512.15. Title IV-D childsupport order; modification; when; procedures.(1) The countyattorney or authorized attorney, upon referral from the Department of Healthand Human Services, shall file a complaint to modify a child support orderunless the attorney determines in the exercise of independent professionaljudgment that:(a) The variation from the Supreme Court child support guidelines pursuantto section 42-364.16 is based on material misrepresentation of fact concerningany financial information submitted to the attorney;(b) The variation from the guidelines is due to a voluntary reductionin net monthly income. For purposes of this section, a person who has beenincarcerated for a period of one year or more in a county or city jail ora federal or state correctional facility shall be considered to have an involuntaryreduction of income unless (i) the incarceration is a result of a convictionfor criminal nonsupport pursuant to section 28-706 or a conviction for a violationof any federal law or law of another state substantially similar to section 28-706, (ii) the incarcerated individual has a documented record of willfullyfailing or neglecting to provide proper support which he or she knew or reasonablyshould have known he or she was legally obligated to provide when he or shehad sufficient resources to provide such support, or (iii) the incarcerationis a result of a conviction for a crime in which the child who is the subjectof the child support order was victimized; or(c) When the amount of the order is considered with all the other undisputedfacts in the case, no variation from the criteria set forth in subdivisions (1)(a) and (b) of section 43-512.12 exists.(2) The department, a county attorney, or an authorized attorney shallnot in any case be responsible for reviewing or filing an application to modifychild support for individuals incarcerated as described in subdivision (1)(b)of this section.(3) The proceedings to modify a child support order shall comply withsection 42-364, and the county attorney or authorized attorney shall representthe state in the proceedings.(4) After a complaint to modify a child support order is filed, anyparty may choose to be represented personally by private counsel. Any partywho retains private counsel shall so notify the county attorney or authorizedattorney in writing. SourceLaws 1991, LB 715, § 16; Laws 1993, LB 523, § 10; Laws 1996, LB 1044, § 166; Laws 1997, LB 307, § 67; Laws 2004, LB 1207, § 39; Laws 2007, LB554, § 42; Laws 2008, LB1014, § 43; Laws 2009, LB288, § 11; Laws 2010, LB712, § 26.Operative Date: April 14, 2010