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County Attorney - Child Support Division

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1. Why is there a provision for income withholding in my case?

Nebraska law requires that child support be paid through income withholding.

2. What is enforcement?

The Lancaster County Attorney's Office can pursue payment of child support by legal and administrative means.

3. What other types of orders can be enforced?

Other types of orders that can be enforced include:

• Costs associated with genetic testing
• Court costs
• Medical support judgments (cash medical support)
• Spousal support (if additionally ordered with child support)

4. Does the County Attorney's Office represent me if I fill out an application?

No, the County Attorney's Office does not represent either parent. Our office represents the State of Nebraska on behalf of the child(ren).

5. What types of enforcement actions are there?

There are many types of enforcement. Administratively, there is

• Administrative Attachment of Assets
• Driver's License Suspension
• Notice to Withhold Income
• Professional License Suspension
• Recreational License Suspension
• State and Federal Tax Intercept

Legally, filings with the District Court can include:

• Asset garnishment
• Criminal prosecution
• Orders to Show Cause

6. What is a notice to withhold income?

A notice to withhold income is an administrative notice sent by the enforcement agency to the employer of the person responsible to pay child support, ordering the employer to withhold a certain amount of money from the person's pay check for each pay period. The notice includes the amount to be withheld and the address to remit the payment.

7. What is a real estate lien?

Nebraska law provides for an automatic lien to be filed with the Register of Deeds office on property owned by a person responsible for paying child support. This lien remains on the property until sold or until the child support is paid in full. This lien is not filed by the Lancaster County Attorney and our office is unable to assist in placing or removing the lien with the Register of Deeds.

8. What is a garnishment, asset seizure or administrative attachment?

Each process results in the person responsible for paying child support having property taken to pay the outstanding child support balance. There may be costs involved in the process and these costs can be deducted from the amount of money recovered by the process.

9. How does the driver's license of the person responsible for paying child support get suspended?

When a person responsible to pay child support fails to pay and the past due balance exceeds three months of child, medical or spousal support, the process can be initiated to suspend that person's license. If the person responsible owes on multiple judgments, those balances cannot be added together to obtain the three month total.

If the driver's license is suspended, the recreational licenses and the professional licenses can also be suspended following the same procedures. All three types of licenses can be suspended, but the process for each must follow each other, the licenses cannot be taken all at the same time.

10. How does the person responsible for paying support reinstate their license if it is suspended for non-payment of support?

The person responsible for paying support can have their licenses reinstated by paying all the past due child, medical or spousal support. The person can also enter into a court ordered payment plan (purge plan) to pay the current obligation each month plus an additional amount to be paid on the past due balance.

The person may also enter into a payment plan with the County Attorney's Office. There is also a reinstatement fee that will be paid to the Department of Motor Vehicles.

11. Can I choose what type of enforcement is used by your office?

No, if you choose to have the County Attorney's Office enforce your case, it is the discretion of the office to use the most appropriate tool or tools available for enforcement.

12. What happens if the person responsible for paying child support dies before the child support is paid?

The child support enforcement case will remain open until the payer has been deceased a minimum of two years and no other action, including a levy against the estate, may be taken.

13. Can child, medical, or spousal support be discharged or forgiven by filing bankruptcy?

No. Child, medical and spousal support is not generally discharged in bankruptcy. There are specific rules and laws that govern the bankruptcy process.

14. What happens if the person responsible for paying child support enters into bankruptcy while there is an ongoing monthly payment due?

The Bankruptcy Code determines whether child support can be enforced while the person responsible for paying child support is in the protection of the bankruptcy filing.

15. What happens if the person responsible for paying child support enters into bankruptcy when the monthly support order stopped but there is still an outstanding balance due?

The Bankruptcy Code determines whether child support payments can be collected while the person responsible to pay child support is in the protection of the bankruptcy filing.

16. What happens to the enforcement of the child support order if the person responsible for paying the support moves from the State of Nebraska?

If the location of the person responsible for paying child support is known, the Nebraska order can be sent to the office in the jurisdiction the person moved to register and enforce.

17. What happens to the enforcement of the child support order if the receiving parent moves from the State of Nebraska?

Enforcement would continue as it did prior to the receiving parent moving out of state. The receiving parent needs to maintain a current address with the enforcing agency so that payments can be sent to the new address.

18. What happens to the enforcement of child support if the person responsible for paying child support is activated to military duty?

Depending on the length of the activation, child support can be deducted from the military pay of the person responsible to pay support. The person responsible for paying support can make arrangements to have the obligation paid from his/her bank account or have another person pay the obligation in his/her absence.

19. How long can I expect to wait for a response from another state when they are enforcing my order?

Generally responses from other states can take from 30 to 90 days.

20. How long does it take to send a case from Nebraska to another state if the person responsible to pay child support moves from Nebraska?

Depending on the information the office has regarding the person responsible for paying support, it can take 30 days to many months. The more information provided to the enforcement agency, the quicker the process will be to send the order for enforcement.

21. What law is applied to my order if it is sent to another state for enforcement?

If the order was entered in Nebraska, the laws of the State of Nebraska apply to the order in regard to the amount of the support, the age of the child that the order would stop billing and the amount of interest that would accrue on the past due balance.

22. How do I receive my child support monthly payment if the person responsible for paying child support is paying the support ordered amount in another state?

The enforcing state will forward all payments received from the person responsible for paying child support to the Nebraska Payment Center to be disbursed to the receiving person or persons in Nebraska.

23. How do I know if my case has been set up for the federal and state tax intercept program?

You can contact the Nebraska Department of Health and Human Services at 402-471-9146.

24. If I disagree with having my taxes intercepted, who do I call?

Call the Nebraska Department of Health and Human Services System, tax intercept program at 402-441-8715 or 877-631-9973 (toll-free).

25. If my paycheck has child support withheld and I think it is too much, who do I call?

You can contact the Nebraska Child Support Customer Call Center at 402-441-8715 or 877-631-9973 (toll-free).

26. What if I don't want to pay my child support through income withholding from my paycheck?

Nebraska law requires that child support be withheld through income withholdings, regardless if there is a past due balance. There are exceptions to having the withholding, but those exceptions are to be addressed at the time of the entry of the court order.

27. Can I pay the custodial parent directly, without paying through the Payment Center?

If you pay the custodial parent directly, there is no accounting of the payment on the official court record. Several enforcement actions could be initiated against you and the court could determine that the direct payments were gifts to the custodial parent, not support. Your court Order very likely requires you to pay through the Payment Center.

28. Can your office enforce visitation?

Nebraska law does not provide the Lancaster County Attorney authority to enforce custody, visitation, daycare, or property settlement judgments.

29. What do I do if I received a letter from your office informing me that I owe child support and you could take action against me?

Contact the County Attorney's Office, Child Support Division immediately at 402-441-8208.

30. What do I do if I receive a Notice of Intent to Suspend my driver's license?

Contact the County Attorney's Office, Child Support Division immediately at 402-441-8208.

31. If the person responsible for paying child support doesn't pay, who will pay the support owed to me?

No one other than the court ordered person responsible is legally obligated to pay the child support.

32. I still have questions about my case. Who do I call?

If you have an attorney representing you, call the attorney. If you are not represented, you can contact the Nebraska Child Support Customer Call Center at 402-441-8715 or 877-631-9973 (toll-free).

33. How do I get an application for IV-D Services?

You can contact the Nebraska Child Support Customer Call Center at 402-441-8715 or 877-631-9973 (toll-free).

34. How do I request "good cause."

You can contact the Nebraska Child Support Customer Call Center at 402-441-8715 or 877-631-9973 (toll-free).

35. How do I check on the status of my modification?

You can contact the Nebraska Child Support Customer Call Center at 402-441-8715 or 877-631-9973 (toll-free).

36. How do I get enforcement of my order?

You can contact the Nebraska Child Support Customer Call Center at (402) 441-8715 or 1-877-631-9973 (toll-free).

37. Who can I call to find out information regarding the enforcement of my child support case?

Either party can call the Nebraska Health and Human Services System's Customer Call Center at the toll free number, 877-631-9973 for information and status on a case.

38. Who do I call if I have information about the person responsible for making the child support payments?

All information can be given to the Customer Service Representatives at the Customer Call Center. This information will be given electronically to the enforcing agency.

39. What is the physical address of the Lancaster County Attorney's Office, Child Support Division?

605 S 10th Street
2nd Floor
Lincoln, NE 68508

Access to the office is gained by going through the 575 S 10th Street building, and from there using the skywalk on the second floor.

40. If I disagree with having my taxes intercepted, who do I call?

Call the Nebraska Department of Health and Human Services System, tax intercept program.

41. What is an Order to Show Cause?

This is a matter brought before the District Court. The person responsible is personally served by a sheriff or constable to appear before the District Court to show cause why he/she should not be held in contempt of the court for failure to pay a court ordered child support obligation.

A contempt proceeding can be concluded by the person responsible for paying all the child support to the current monthly amount, paying consistently for a period of time, or a finding by the District Court of contempt.