(1) If a payor fails or refuses to withhold or deliver property subject to an order to withhold and deliver, judgment may be entered by the court which issued or registered the support order for the amount of the arrearages stated in the order or the amount of the property or credits of the obligor in the possession or under the control of the payor at the time the order to withhold and deliver was received, whichever is less, unless the payor can show cause as to why the property was not withheld or delivered.

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Terms Used In Nebraska Statutes 43-3337

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC

(2) Compliance with the order by the payor operates as a discharge of the payor’s liability to the obligor or beneficiary as to the portion of the obligor’s property withheld or delivered.

(3) A payor is not liable to any individual or to the department for responding to an order to withhold and deliver or for holding, refusing to release to the obligor, or delivering any property of an obligor in compliance with an order to withhold and deliver or for any other action taken in good faith to comply with the requirements of sections 43-3328 to 43-3339 regardless of whether such action was specifically authorized or described by such sections.