(1) Child support orders in cases in which a party has applied for services under Title IV-D of the federal Social Security Act, as amended, shall be reviewed by the Department of Health and Human Services to determine whether to refer such orders to the county attorney or authorized attorney for filing of an application for modification. An order shall be reviewed by the department upon its own initiative or at the request of either parent when such review is required by Title IV-D of the federal Social Security Act, as amended. After review the department shall refer an order to a county attorney or authorized attorney when the verifiable financial information available to the department indicates:
(a) The present child support obligation varies from the Supreme Court child support guidelines pursuant to section 42-364.16 by more than the percentage, amount, or other criteria established by Supreme Court rule, and the variation is due to financial circumstances which have lasted at least three months and can reasonably be expected to last for an additional six months; or
(b) Health care coverage meeting the requirements of subsection (2) of section 42-369 is available to either party and the children do not have health care coverage other than the medical assistance program under the Medical Assistance Act.
Health care coverage cases may be modified within three years of entry of the order.
(2) Orders that are not addressed under subsection (1) of this section shall not be reviewed by the department if it has not been three years since the present child support obligation was ordered unless the requesting party demonstrates a substantial change in circumstances that is expected to last for the applicable time period established by subdivision (1)(a) of this section. Such substantial change in circumstances may include, but is not limited to, change in employment, earning capacity, or income or receipt of an ongoing source of income from a pension, gift, lottery winnings, casino winnings, parimutuel winnings, sports wagering winnings, or cash device winnings. An order may be reviewed after one year if the department's determination after the previous review was not to refer to the county attorney or authorized attorney for filing of an application for modification because financial circumstances had not lasted or were not expected to last for the time periods established by subdivision (1)(a) of this section.
(3)(a) Notwithstanding the time periods set forth in subdivision (1)(a) of this section, within fifteen business days of learning that a noncustodial parent will be incarcerated for more than one hundred eighty calendar days, the department shall initiate a review of the noncustodial parent's child support order. The department shall send notice by first-class mail to both parents informing them of such review and require the parties to submit financial information as provided in sections 43-512.14 and 43-512.17 within thirty days after the date of the notice. Such notice shall be sent to the incarcerated parent at the address of the facility at which the parent is incarcerated and to the administrator of such facility as defined in section 47-1003.
(b) The department shall, within one hundred twenty calendar days after the date the department learned the noncustodial parent was to be incarcerated:
(i) Complete such review; and
(ii) Notify the parties of its determination pursuant to section 43-512.13.
Notes of Decisions
Hopkins v. Stauffer, 775 N.W.2d 462 (Neb. Ct. App. 2009).
· cites it 4× “" The sectionwhich is titled, "Title IV-D child support order; modification; when; procedures"provides that "[t]he county attorney or authorized attorney, upon referral from the Department of Health and Human Services, shall file a complaint to modify a child support order…”
Sneckenberg v. Sneckenberg, 616 N.W.2d 68 (Neb. Ct. App. 2000).
· cites it 2× “(a) Material Change of Circumstances Existing child support orders are subject to review pursuant to §§ 43-512.12 through 43-512.18, where a party has applied for or is receiving services under title IV-D of the Social Security Act.”
State on Behalf of Elsasser v. Fox, 584 N.W.2d 832 (Neb. Ct. App. 1998).
· cites it 4× “On May 15, 1996, under Neb.Rev.Stat. § 43-512.12 (Reissue 1993), the Saunders County Attorney, representing the State of Nebraska on behalf of Camden, filed an application to modify Chad's child support obligation and to establish medical insurance coverage.”
Rouse v. Rouse, 775 N.W.2d 457 (Neb. Ct. App. 2009).
· cites it 2× “12(1) requires the Department of Health and Human Services to determine whether such cases should be referred to a county attorney or authorized attorney for filing a modification action when the present obligation varies from the Supreme Court child support guidelines by more…”
State Ex Rel. Cammarata v. Chambers, 574 N.W.2d 530 (Neb. Ct. App. 1998).
· cites it 2× “1994), existing child support orders in cases where a party has applied for services under title IV:D of the Social Security Act are subject to review as provided in §§ 43-512.12 through 43-512.18. *472 Sections 43-512.”
State on behalf of Elijah K. v. Marceline K., 28 Neb. Ct. App. 772 (Neb. Ct. App. 2020).
“o the Income Withholding for Child Support Act; (c) In addition to income withholding, enforce child, spousal, and medical support orders by other civil actions or administrative actions, citing the defendant for con- tempt, or filing a criminal complaint; (d) Establish…”
Mohammed v. Rojas, 24 Neb. Ct. App. 810 (Neb. Ct. App. 2017).
· cites it 3× “” Neb. Rev. Stat. § 43-512.12 (1) (Reissue 2016).”
Sellers v. Sellers (Neb. Ct. App. 2015).
· cites it 3× “In March 2013, Stephanie requested a review of Jason’s child support, pursuant to Neb. Rev. Stat. § 43-512.12 (Cum. Supp. 2014), which provides for a review by the Nebraska Department of Health and Human Services (Department) “in cases in which a party has applied for services…”
State on behalf of Jenna W. & Jayden W. v. Dennis W. (Neb. Ct. App. 2015).
· cites it 2× “The district court found that a material change in circumstances had occurred due to Dennis’ “involuntary reduction in income” as a result of his incarceration as provided for in Neb. Rev. Stat. § 43-512.12 and recognized in Hopkins v.”
House v. House (Neb. Ct. App. 2017).
“o the Income Withholding for Child Support Act; (c) In addition to income withholding, enforce child, spousal, and medical support orders by other civil actions or administrative actions, citing the defendant for con- tempt, or filing a criminal complaint; (d) Establish…”
— Neb. Rev. Stat. § 43-512.12(1) — 3 cases
Hopkins v. Stauffer, 775 N.W.2d 462 (Neb. Ct. App. 2009).
“" The sectionwhich is titled, "Title IV-D child support order; modification; when; procedures"provides that "[t]he county attorney or authorized attorney, upon referral from the Department of Health and Human Services, shall file a complaint to modify a child support order…”
Sneckenberg v. Sneckenberg, 616 N.W.2d 68 (Neb. Ct. App. 2000).
“(a) Material Change of Circumstances Existing child support orders are subject to review pursuant to §§ 43-512.12 through 43-512.18, where a party has applied for or is receiving services under title IV-D of the Social Security Act.”
Rouse v. Rouse, 775 N.W.2d 457 (Neb. Ct. App. 2009).
“12(1) requires the Department of Health and Human Services to determine whether such cases should be referred to a county attorney or authorized attorney for filing a modification action when the present obligation varies from the Supreme Court child support guidelines by more…”
— Neb. Rev. Stat. § 43-512.12(1)(a) — 1 case
Mohammed v. Rojas, 24 Neb. Ct. App. 810 (Neb. Ct. App. 2017).
“” Neb. Rev. Stat. § 43-512.12 (1) (Reissue 2016).”
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