Menu

Child Support

Contact Us


CALL CENTER:
Phone: (800) 831-4573 or (877) 631-9973 (toll free)

Child Support   510 N. Lincoln Avenue, 2nd Floor, York, NE 68467

Phone (402) 362-5589     cdick@yorkcountyne.com


  Click on the following topics to read more:



Frequently Asked Questions

 

Actions to Collect Child Support

(Income Withholding, License Suspension and Tax Intercept)

Q: Why is there a provision for income withholding in my case?
A: Nebraska law requires that child support be paid through income withholding.

Q: What is enforcement?
A: The York County Attorney's Office can pursue payment of child support by legal and administrative means.

Q: What other types of orders can be enforced?
A: Other types of orders that can be enforced include: medical support judgments (cash medical support), spousal support (if additionally ordered with child support), court costs, and costs associated with genetic testing.

Q: Does the County Attorney's Office represent me if I fill out an application?
A: No, the County Attorney's Office does not represent either parent. Our office represents the State of Nebraska on behalf of the child(ren).

Q: What types of enforcement actions are there?
A: There are many types of enforcement. Administratively, there is Notice to Withhold Income, Administrative Attachment of Assets, Driver's License Suspension, Recreational License Suspension, Professional License Suspension, and State and Federal Tax Intercept. Legally, filings with the District Court can include, Orders to Show Cause, asset garnishment and criminal prosecution.

Q: What is a Notice to Withhold Income?
A: 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.

Q: What is a real estate lien?
A: 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 York County Attorney and our office is unable to assist in placing or removing the lien with the Register of Deeds.

Q: What is a garnishment, asset seizure or administrative attachment?
A: 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.

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

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

Q: Can I choose what type of enforcement is used by your office?
A: 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.

Q: What happens if the person responsible for paying child support dies before the child support is paid?
A: The child support enforcement case will remain open until the payer has been deceased a minimum of two (2) years and no other action, including a levy against the estate, may be taken. See Nebraska Department of Health and Human Services Child Support Regulations § 4-002.01(2)(a).

Q: Can child, medical, or spousal support be discharged or forgiven by filing bankruptcy?
A: No. Child, medical and spousal support is not generally discharged in bankruptcy. There are specific rules and laws that govern the bankruptcy process.

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

Q: 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?
A: The Bankruptcy Code determines whether child support arrearage can be collected while the person responsible to pay child support is in the protection of the bankruptcy filing.

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

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

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

Q: How long can I expect to wait for a response from another state when they are enforcing my order?
A: Generally responses from other states can take from 30 to 90 days.

Q: 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?
A: 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.

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

Q: 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?
A: 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.

Q: How do I know if my case has been set up for the federal and state tax intercept program?
A: You can contact the Nebraska Department of Health and Human Services at (402) 471-9146.

Q: If I disagree with having my taxes intercepted, who do I call?
A: Call the Nebraska Department of Health and Human Services System, tax intercept program at (402) 441-8715 or (877) 631-9973 (toll-free).

Q: If my paycheck has child support withheld and I think it is too much, who do I call?
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

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

Q: Can I pay the custodial parent directly, without paying through the Payment Center?
A: 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.

Q: Can your office enforce visitation?
A: Nebraska law does not provide the York County Attorney authority to enforce custody, visitation, daycare, or property settlement judgments.

Q: 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?
A: Contact the County Attorney's Office, Child Support Division immediately at (402) 362-5589.

Q: What do I do if I receive a Notice of Intent to Suspend my driver's license?
A: Contact the County Attorney's Office, Child Support Division immediately at (402) 362-5589.

Q: If the person responsible for paying child support doesn't pay, who will pay the support owed to me?
A: No one other than the court ordered person responsible is legally obligated to pay the child support.

Contact Information

Q: I still have questions about my case. Who do I call?
A: If you have an attorney representing you, call the attorney. If you are not represented, you can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: How do I get an application for IV-D Services?
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: How do I request "good cause."
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: How do I check on the status of my modification?
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: How do I get enforcement of my order?
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: Who can I call to find out information regarding the enforcement of my child support case?
A: Either party can call the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 for information and status on a case.

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

Q: What is the physical address of the York County Attorney's Office, Child Support Division?
A: 510 N. Lincoln Ave, 2nd floor of the Courthouse, York, NE 68467.

Q: If I disagree with having my taxes intercepted, who do I call?
A: Nebraska Department of Health and Human Services System, tax intercept program.

Determining Paternity

Q: Can I have genetic testing done to determine whether I am the father?
A: We will not set up genetic testing for you if you have signed a notarized Acknowledgment of Paternity on the form promulgated by the Nebraska Department of Health and Human Services and the rescission period has expired. See Nebraska Department of Health and Human Services Child Support Regulations § 6-009.03. See also Neb.Rev.Stat. § 43-1409.

Q: Will I be required to pay for the genetic testing? How much does it cost?
A: If genetic testing determines that you are not the father of the child, you will not be asked to pay for the testing. If genetic testing determines that you are the father of the child, you might be asked to reimburse the State for the cost of the testing. COST = $30 per person tested (Ex: Mom/Dad/child = $90, Mom/Dad/2 children = $120).

Q: Can I have a court-appointed attorney assist me with my case?
A: If paternity is an issue in your case, you have the right to request a court-appointed attorney. If you request a court-appointed attorney a court hearing must take place at which time the court will determine whether you are indigent. You must be found to be indigent in order to qualify for a court-appointed attorney. Our office cannot tell you whether or not you would be found to be indigent; that is up to the court to determine.

Q: How do I request a court-appointed attorney?
A: To request an attorney contact the Clerk of the District Court at (402) 362-4038.

Q: Why do I have to participate in genetic testing when I have no doubt about the identity of the father of my child?
A: In a paternity case, the alleged father of a child has a right to request genetic testing.

Q: I believe I am required to cooperate with your office in establishing an order of paternity and/or child support but am afraid that if your office pursues a paternity and/or child support obligation, the non-custodial parent may hurt me or my child(ren). What should I do?
A: You may request that our office grant you "good cause" for not cooperating with our office by filing out a Request for Good Cause Form. Your request for "good cause" will be reviewed and you will be notified of the office's decision. If the request for "good cause" is granted, we will close our case. If the request for "good cause" is not granted, you will be required to continue to cooperate with our office.

Q: How do I request "good cause?"
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or 1-877-631-9973 (toll-free).



Distributing Payments



Q: How am I supposed to pay my child support while I am incarcerated?
A: While you are incarcerated, your obligation will add up each month. When you are released, we expect you to begin making payments. We will not garnish your stipend while you are incarcerated, but we might garnish your employment income. Of course if you have a source of income, you are welcome to make payments on your obligation while you are incarcerated.

Q: Where do I pay my monthly payment?
A: Although prior to December 2001, you could pay your payment to the Clerk of the District Court, now, payments are to be remitted to the Nebraska Payment Center, P.O. Box 82208, Lincoln, NE 68501. You can also make payments, check on payments, get questions answered, etc. online at nebraskachildsupport.com.

Q: What agency sends my child support payment to me?
A: The Nebraska Payment Center, operated by the Nebraska State Treasurer.

Q: If there is money paid on my case, will I actually receive the entire amount paid?
A: It depends on how much was paid and if the person responsible has other cases. If the person responsible does not send in the current monthly amount, or if the person has more than one case and not enough money is paid each month to pay the current obligation in each case, you may receive less than your monthly amount.

Q: How do I check if any payments have been received on my case?
A: Payment information can be generated through the Customer Call Center's automated system, by calling toll free 1-877-631-9973.

Q: 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?
A: 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.

Q: If taxes are intercepted, who will receive the payment?
A: Payments received by the tax intercept program pay any debt owed to the State of Nebraska. If there is a remaining amount available after the State is paid, and there is a balance owed to the custodial parent, the remaining taxes would be applied. If there is no remaining balance owed to the custodial parent, the additional money received would be refunded to the party responsible to pay the child support.

Q: How long does the intercepted payment take to be applied on my account?
A: Depending on what time of the year the intercept is done, the payment can be credited within a few weeks to several months from the time the refund is actually intercepted.

Q: If my paycheck has child support withheld and I think it is too much, who do I call?
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Establishing a Child Support Order


Q: How is my child support obligation calculated?
A: Child support is calculated according to the Child Support Guidelines, which is a formula set up by the Nebraska Supreme Court. Some of the factors that will be taken into account are:

Q: Where can I get a copy of the Nebraska Child Support Guidelines?
A: They may be found by clicking on the following link: Nebraska Child Support Guidelines.

Q: Will the Nebraska Child Support Guidelines be used if I live in a different state?
A: Yes, if the court case is here in Nebraska.

Q: How much child support will I be asked to pay if I am incarcerated?
A: Usually, when a child support obligation is established for an incarcerated person, it is $50 per month, unless you are on a work release program, regardless of how many children you have to support. The order may be subject to an upward modification upon your release.

Q: What are court costs? How much are they?
A: The court costs include filing fees and the costs of serving you. The costs will be in the neighborhood of $100. However, the exact amount of costs to be paid in your case will depend on how much we had to pay to get you served.

Q: Where do I pay court costs?
A: You pay court costs to the Clerk of the District Court. That office is located on the second floor, 510 N. Lincoln Ave, York, NE 68467.

Q: Can I have a court-appointed attorney assist me with my case?
A: If paternity is an issue in your case, you have the right to request a court-appointed attorney. If you request a court-appointed attorney a court hearing must take place at which time the court will determine whether you are indigent. You must be found to be indigent in order to qualify for a court-appointed attorney. Our office cannot tell you whether or not you would be found to be indigent; that is up to the court to determine.

Q: The mother of my child says she does not want me to pay child support. Why am I still being asked to pay child support?
A: If a child receives public assistance and one parent is not in the household, the York County Attorney's Office is required by state law to establish an order for child support and medical support.

Q: I have never requested the services of your office. Why am I required to cooperate with your office in establishing an order of paternity and/or child support?
A: If you have accepted public assistance benefits, you are required to cooperate with our office.

Q: How much child support will be ordered in my case?
A: The amount of child support ordered depends on a number of different factors, including the number of other children the obligor supports and the income of both parents.

Q: I believe I am required to cooperate with your office in establishing an order of paternity and/or child support but am afraid that if your office pursues a paternity and/or child support obligation, the non-custodial parent may hurt me or my child(ren). What should I do?
A: You may request that our office grant you "good cause" for not cooperating with our office by filing out a Request for Good Cause Form. Your request for "good cause" will be reviewed and you will be notified of the office's decision. If the request for "good cause" is granted, we will close our case. If the request for "good cause" is not granted, you will be required to continue to cooperate with our office.

Q: How do I request "good cause?"
A: You may fill out the "Request for Exemption from Child Support Enforcement Cooperation Requirements." The form is available from either our office or the Call Center.

Q: I believe the father of my child is living in another State. Will you still do my case?
A: Yes. Depending on the specific circumstances of your case, we will either file the case here in York County, or send a request for establishment to the State in which he lives.

Q: How long does the person responsible for paying child support have to pay the child support?
A: Child support in Nebraska bills each month through the month the last child of the order turns 19 years of age. If at the time the child turns 19 there is an outstanding balance due, that amount will continue to be owed and enforced until paid.

Locating a Parent

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

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



Modifying a Support Order



Q: How is my child support obligation calculated?
A: Child support is calculated according to the Child Support Guidelines, which is a formula set up by the Nebraska Supreme Court. Some of the factors that will be taken into account are:

Q: Where can I get a copy of the Nebraska Child Support Guidelines?
A: They may be found by clicking on the following link: Nebraska Child Support Guidelines

Q: Will the Nebraska Child Support Guidelines be used if I live in a different state?
A: Yes, if the court case is here in Nebraska.

Q: How do I apply for a modification of an existing order for child support?
A: You may hire a private attorney to pursue modification or you may apply for a modification through the State of Nebraska. Your initial application would be through the Review and Modification Unit of the Nebraska Department of Health & Human Services. You may contact them at (402) 471-1400.

Q: I have received a notice from the Review and Modification Unit that my case has been referred to your office for possible modification. What happens next?
A: Our office will determine whether we will file an Application to Modify Child Support in the District Court of York County and proceed accordingly. If we decide NOT to proceed with the modification, we will notify you by letter.

Q: How do I check on the status of my modification?
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: Do I have the right to assistance of counsel in my child support modification case?
A: No.

Q: If my child support continues to bill each month while I am in jail, can I have the monthly amount reduced?
A: Yes. An incarcerated individual may seek a downward modification of their child support order if certain qualifications are met. However, the County Attorney will not participate in filing such a modification on behalf of the incarcerated individual and may, in fact, actively oppose such a modification in certain circumstances.

Opening a Case



Q: Are there income requirements in order for me to qualify for your services?
A: No. Anyone, regardless of income level, may request the services of our office to: 1. Establish an Order of Paternity 2. Establish an Order for Child and Medical Support 3. Enforce an Existing Child and Medical Support Obligation.

Q: How do I request the services of your office?
A: Please call the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free) to find out whether our office already has your case. If we do not already have an open case, you must fill out an IV-D Application requesting our services.

Q: How do I get an application for IV-D Services?
A: You can contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877)-631-9973 (toll-free).   Applications can also be submitted online:  https://dhhs-childsupport.ne.gov/CSENPAApp/

Q: Is there a fee for your services?
A: While there is no initiation fee, a fee of $25 per year may be collected from each IV-D case after the first $500 of support is collected and distributed. There are exceptions and in certain cases, this fee may be waived. See Nebraska Department of Health and Human Services Child Support Regulations § 1-005.01B.

Q: I have never requested the services of your office. Why am I required to cooperate with your office in establishing an order of paternity and/or child support?
A: If you have accepted public assistance benefits, you are required to cooperate with our office.

Q: How do I get enforcement of my order?
A: Either party can ask for enforcement services by filling out an application for services. This application can be obtained from the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: Does the County Attorney's Office represent me if I fill out an application?
A: No, the County Attorney's Office does not represent either party to the action, except the State of Nebraska.

Order to Show Cause Hearing

Q: What types of enforcement actions are there?
A: There are many types of enforcement. Administratively, there is Notice to Withhold Income, Administrative Attachment of assets, Driver's License Suspension, Recreational License Suspension, Professional License Suspension, and State and Federal Tax Intercept. Legally, filings with the District Court can include, Orders to Show Cause, asset garnishment and criminal prosecution.

Q: What is an Order to Show Cause?
A: 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.

Termination/Suspension of Obligation



Q: Is there a time when I won't have to pay my child support, even if I didn't pay it each month as it billed?
A: No. There is no statute of limitations on collections of past due child support.

Q: If the child I owe for is no longer living with the custodial parent, do I still have to pay child support each month?
A: Yes. Regardless of where the child is living, your obligation to provide support is not altered. However, if the child is no longer living with the court ordered payee and you believe support payments should be directed to some other payee, please contact the Child Support Office at (402) 362-5589, or the Nebraska Child Support Customer Call Center at (800) 831-4573 or (877) 631-9973 (toll-free).

Q: If the child(ren) of the child support order are adopted, do I still have to pay child support?
A: Until the court order is terminated or suspended by subsequent court order, the obligation will continue to bill each month and the obligation would continue.

Q: If I sign a relinquishment of my parental rights, do I still have to pay child support?
A: The signing of a relinquishment does not terminate the child support obligation. Until the court order is terminated or suspended by subsequent court order, the obligation will continue to bill each month and the obligation would continue.

Q: Do I have to pay child support if the custodial parent won't let me see my child?
A: The payment of child support is an obligation for the parent without custody. Providing visitation is an obligation of the custodial parent. Each obligation is separate and failing to do one, does not allow the failure of the other.

Q: If I am sentenced to jail, do I still have to pay child support?
A: Unless your child support is suspended or terminated by a court order, the monthly amount will continue to bill each month while you are incarcerated, regardless of whether you can actually pay on that monthly obligation.

Q: Can the monthly support obligation be ended if the custodial parent and the party responsible for paying child support get married?
A: Yes. However, until the court order is terminated or suspended by subsequent court order, the obligation will continue to bill each month.