25-500. Definitions In this chapter, unless the context otherwise requires: 1. " Arrearage" means the total unpaid support owed, including child support, past support, spousal maintenance and interest. 2. " Business day" means a day when state offices are open for regular business. 3. " Child support guidelines" means the child support guidelines that are […]
25-501. Duties of support; exemption A. Except as provided in subsection F of this section, every person has the duty to provide all reasonable support for that person’s natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state. In the case of children with mental or physical […]
25-502. Jurisdiction, venue and procedure; additional enforcement provisions A. The superior court has original jurisdiction in proceedings brought by the department, its agents, a person having physical custody of a child or a party to the case to establish, enforce or modify the duties of support as prescribed in this chapter. All such proceedings are […]
25-503. Order for support; methods of payment; modification; termination; statute of limitations; judgment on arrearages; notice; security A. In any proceeding in which there is at issue the support of a child, the court may order either or both parents to pay any amount necessary for the support of the child. If the court order […]
25-503.01. Self-employed parent; monies held as security for payment of support A. On a showing of good cause, the court may order that a self-employed parent who is required to make child support payments forward an amount equal to not more than six months of child support to the department to hold as security. The […]
25-504. Order of assignment; ex parte order of assignment; responsibilities; violation; termination A. In a proceeding in which the court orders a person to pay support the court shall, and in a proceeding in which the court orders a person to pay spousal maintenance the court may, assign to the person or agency entitled to […]
25-505. Limited income withholding orders; definition A. The department or its agent may issue a limited income withholding order to any employer, payor or other holder of a nonperiodic or lump sum payment that is owed or held for the benefit of an obligor. The department or its agent shall serve the order in the […]
25-505.01. Administrative income withholding order; notice; definition A. In a title IV-D case, if a person is obligated to pay support, the department or its agent, without prior notice to the obligor, shall issue an income withholding order using the format prescribed by the United States secretary of health and human services. The order shall […]
25-505.02. Insurance data exchange; withholding orders; immunity; definitions A. Before remitting a payment under an insurance contract to a claimant whose claim is based on an accident or a loss that occurred in this state, an insurer authorized to transact insurance pursuant to title 20, chapter 2, article 1 may provide information to the department […]
25-506. Order for assignment; foreign support order A. A petition for an ex parte order for assignment may be filed by an agency based on an order for support issued by a court or an agency in a state other than this state. The petition shall include the information required by section 25-504 and the […]
25-507. Forms; alternative forms A. The request for assignment, order of assignment, notices to obligor and employer, request for hearing and request to adjust or terminate the order of assignment shall be on forms prescribed by the supreme court and shall be furnished by the clerk of the superior court as required by law or […]
25-508. Enforcement of support orders; fee prohibition A. Any judgment, order or decree, whether arising from a dissolution, divorce, separation, annulment, custody determination, paternity or maternity determination or dependency proceeding or from a uniform interstate enforcement of support act proceeding and any interlocutory support award in any such proceeding or in any other proceeding regarding […]
25-509. Representation by attorney general or county attorney; modification of order by attorney general or county attorney A. The attorney general or county attorney on behalf of this state may initiate an action or intervene in an action to establish, modify or enforce a duty of child support, including medical support, regardless of the welfare […]
25-510. Receiving and disbursing support and maintenance monies; arrearages; interest A. The support payment clearinghouse established pursuant to section 46-441 shall receive and disburse all monies, including fees and costs, applicable to support and maintenance unless the court has ordered that support or maintenance be paid directly to the party entitled to receive the support […]
25-511. Failure of parent to provide for child; classification A. Except as provided in section 25-501, subsection F, any parent of a minor child who knowingly fails to furnish reasonable support for the parent’s child is guilty of a class 6 felony. B. It is an affirmative defense to a charge of a violation of […]
25-511.01. Spousal maintenance order; violation; classification A person who is obligated to pay spousal maintenance pursuant to an order issued by a court of competent jurisdiction is guilty of a class 1 misdemeanor if the person has notice of the order and wilfully and without lawful excuse fails to comply with the terms of that […]
25-512. Consumer credit reports; use of child support or spousal maintenance obligation information A. A consumer reporting agency as defined in title 44, chapter 11, article 6 shall include as part of a consumer report information regarding: 1. A court order or judgment obligating a person to pay child support or spousal maintenance. 2. A […]
25-513. Employer cooperation; violation; classification A. On written request delivered to an employer, payor or self-employed person by the department or its agent or the child support enforcement entity of any other state or its agent that administers a child support enforcement program as required by title IV-D of the social security act or by […]
25-514. Priority of action and judgments Except as otherwise provided by statute, actions pursuant to this article shall be given priority over all other civil actions. Except for judgments foreclosing or enforcing prior recorded mortgages, deeds of trust, contracts or conveyance of real property, security agreements, or other liens or encumbrances upon real or personal […]
25-516. Lien; priority; recording; information statement; payoff amount; release A. Notwithstanding section 25-514, in a title IV-D case an order to pay child support creates a lien by operation of law on all property presently owned and later acquired by the obligor to secure payment of the obligation. The department may perfect a lien by […]
