§ 43-1723 — Notice to employer or other payor; contents; compliance; effect

Except
as otherwise provided in this section, the county attorney, the authorized
attorney, or the department shall notify the obligor's employer or other payor,
by first-class mail or by electronic means, within the time determined by
the department which shall comply with the requirements of Title IV-D of the
federal Social Security Act, as amended. The notice shall specify the basis
for the assignment of income and shall direct:
(1) That the employer or other payor shall withhold from
the obligor's disposable income the amount stated by the county attorney,
the authorized attorney, or the department for the purpose of reducing and
satisfying the obligor's (a) previous arrearage in child, spousal, or medical
support payments arising from the obligor's failure to fully comply with a
support order previously entered, (b) ongoing obligation
for support payments as they become due,
and (c) then any monetary judgment;
(2) That the employer or other payor shall implement income
withholding no later than the first pay period that begins following the date
on the notice;
(3) That the employer or other payor shall pay to the obligor,
on his or her regularly scheduled payday, such income then due which is not stated to be withheld pursuant to section 43-1722
or any court order;
(4) That the employer or other payor may assess an additional
administrative fee from the obligor's disposable income not to exceed two
dollars and fifty cents in any calendar month as compensation for the employer's
or other payor's reasonable cost incurred in complying with the notice;
(5) That the employer or other payor shall remit, within
seven days after the date the obligor is paid and in the manner specified
in the notice, the income withheld, less the deduction allowed as an administrative
expense by subdivision (4) of this section, to the State Disbursement Unit
as designated in the notice and shall notify the unit of the date such income
was withheld;
(6) That the employer or other payor shall notify the county
attorney, the authorized attorney, or the department in writing of the termination
of the employment or income of the obligor, the last-known address of the
obligor, and the name and address of the obligor's new employer or other payor,
if known, and shall provide such written notification within thirty days after
the termination of employment or income;
(7) That income withholding is binding on the employer or
other payor until further notice by the county attorney, the authorized attorney,
or the department;
(8) That the employer or other payor may combine amounts
required to be withheld from the income of two or more obligors in a single
payment to the unit as designated in an income withholding notice if the portion
of the single payment which is attributable to each individual obligor is
separately identified;
(9) That an employer or other payor who fails to withhold
and remit income of an obligor after receiving proper notice or who discriminates,
demotes, disciplines, or terminates an employee or payee after receiving an
income withholding notice shall be subject to the penalties prescribed in
sections 43-1724 and 43-1725 ; and
(10) That if the employer or other payor receives more than
one notice to withhold income of a single obligor and the amount of income
available to be withheld pursuant to the limits specified in section 43-1722
is insufficient to satisfy the total support amount stated in
the notices, the income available shall first be applied to current support.
If the total amount of income available to be withheld is insufficient to
satisfy the total amount of current support stated by the notices, the
employer or other payor shall withhold for each notice the proportion that
the amount of the current support stated in such notice bears
to the total amount of current support stated in all notices received
for the obligor. Any remaining income available to be withheld after current
support is satisfied for all notices shall be applied to arrearages. If arrearages
are stated in more than one notice,
the employer or other payor shall withhold for each notice the proportion
that the amount of the arrearage stated in such notice bears
to the total amount of arrearage stated in all notices received
for the obligor. Any income
available to be withheld after the obligor's support obligation is current
shall be applied to any monetary judgment. If a monetary judgment is stated
in more than one notice, the employer or other payor shall withhold for each
notice the proportion that the amount of the monetary judgments stated in
such notice bears to the total amount of monetary judgments stated in all
notices received for the obligor.
Compliance with the order by the employer or other payor
shall operate as a discharge of the employer's or other payor's liability
to the obligor as to the portion of the obligor's income withheld. The county
attorney, the authorized attorney, or the department need not notify the Commissioner
of Labor as a payor if the commissioner is withholding for child support from
the obligor under section 48-647 for the same support order.

Legislative History

Source: Laws 1985, Second Spec. Sess., LB 7, § 43; Laws 1986, LB 600, § 5; Laws 1991, LB 457, § 32; Laws 1993, LB 523, § 17; Laws 1996, LB 1155, § 14; Laws 1997, LB 752, § 105; Laws 2000, LB 972, § 24; Laws 2003, LB 245, § 3; Laws 2010, LB712, § 35.