Nebraska Statutes 43-1720. Notice to employer,payor, or obligor; contents
If the department has previously sent a notice of assignment and opportunity for hearing on the same support order under section 48-647, the county attorney, authorized attorney, or the department shall state the amount to be withheld from an obligor‘s disposable income pursuant to section 43-1722 and shall notify the obligor’s employer or other payor pursuant to section 43-1723. If the department has not previously sent such notice, and except in cases in which the court has ordered income withholding pursuant to subsection (1) of section 43-1718.01 or section 43-1718.02, upon receiving certification pursuant to section 42-358 or notice of delinquent payments of medical support, the county attorney, the authorized attorney, or the department shall send a notice by certified mail to the last-known address of the obligor stating:
Terms Used In Nebraska Statutes 43-1720
- 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
- Department: shall mean the Department of Health and Human Services. See Nebraska Statutes 43-1706
- Disposable income: shall mean that part of the income of any individual remaining after the deduction from such income of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to the Income Withholding for Child Support Act or those provisions of law allowing garnishment, attachment, or execution. See Nebraska Statutes 43-1707
- Employer or other payor: shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department or agency of the state or federal government in possession of income and shall include an obligor if he or she is self-employed. See Nebraska Statutes 43-1709
- 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
- Monetary judgment: shall mean a monetary judgment against an obligor that is unsatisfied and is owed to the federal or state governmental unit in a case in which services are being provided under Title IV-D of the federal Social Security Act, as amended, and the judgment is related to the support of a child. See Nebraska Statutes 43-1712.02
- Obligor: shall mean a person who owes a duty of support pursuant to a support order. See Nebraska Statutes 43-1714
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- 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
(1) That an assignment of his or her income by means of income withholding will go into effect within fifteen days after the date the notice is sent;
(2) That the income withholding will continue to apply to any subsequent employer or other payor of the obligor;
(3) The amount of support and any 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 request a 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 error in the amount of current or overdue support or the amount of any monetary judgment, (b) an error in the identity of the obligor, or (c) an error in the amount to be withheld as provided in section 43-1722.