Nebraska Statutes 43-1733. Foreign support order; income withholding notice; contents; hearing; when held
Unless a foreign support order requires income withholding regardless of whether or not payment pursuant to such order is in arrears, within ten days after the date a foreign support order is entered pursuant to section 43-1729 the county attorney or authorized attorney shall serve upon the obligor notice of proposed income withholding in accordance with section 43-1720. The notice shall also advise the obligor that income withholding was requested on the basis of a foreign support order.
Terms Used In Nebraska Statutes 43-1733
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Authorized attorney: shall mean an attorney (1) employed by the county subject to the approval of the county board, (2) employed by the Department of Health and Human Services, or (3) appointed by the court, who is authorized to investigate and prosecute child, spousal, and medical support cases. See Nebraska Statutes 43-1704
- Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
- Foreign support order: shall mean a support order issued by a court or agency of another jurisdiction. See Nebraska Statutes 43-1710
- Income: shall mean (1) compensation paid, payable, due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and dividends, and (2) any other income from whatever source derived. See Nebraska Statutes 43-1711
- Income withholding: shall mean retention of an employee's or payee's income pursuant to sections Nebraska Statutes 43-1712
- Obligee: shall mean a person to whom a duty of support is owed pursuant to a support order. See Nebraska Statutes 43-1713
- Obligor: shall mean a person who owes a duty of support pursuant to a support order. See Nebraska Statutes 43-1714
- Support: shall mean the providing of necessary shelter, food, clothing, care, medical support, medical attention, education expenses, funeral expenses, or any other reasonable and necessary expense. See Nebraska Statutes 43-1716
If the obligor seeks a hearing to contest the proposed income withholding, the county attorney or authorized attorney shall immediately notify the obligee and obligor or their attorneys of the date, time, and place of the hearing.
Any such hearing shall be held by the appropriate court in the same manner as a civil action except as provided otherwise in sections 43-1734 to 43-1737.