title-466•Neb. Admin. Code tit. 466 — Child Support Enforcement Program
Neb. Admin. Code tit. 466 — Child Support Enforcement Program
title-466Neb. Admin. Code tit. 466Regulation
Chapter 1 General Background
Neb. Admin. Code tit. 466, ch. 1 General Background {#sec-466-nac-1 omnilex-key=us-ne-regs-official--title-466--466 NAC 1}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for child support enforcement and participation in federal funding by the state. The Department of Health and Human Services is designated as the agency that is responsible for the administration of the Child Support Enforcement Program and implementing state statutes relating to establishing and enforcing support orders. The Department will administer the program in a manner consistent with the Social Security Act, other applicable laws, and the Title IV-D State Plan.
002. ORGANIZATION . The IV-D Unit (Child Support Enforcement) is the single and separate organizational unit within the Department of Health and Human Services responsible for administering the Child Support Enforcement Program.
003. IV-D SERVICES AVAILABLE . The IV-D services available from the Child Support Enforcement Program include, but are not limited to, those set forth in 45 CFR Part 302, such as the following:
(A) Locating parents;
(B) Establishing paternity;
(C) Establishing court orders for child support;
(D) Establishing court orders for medical support;
(E) Enforcing IV-D orders;
(F) Review and modification of support order(s); and
(G) Collection and distribution of support.
004. CHILD SUPPORT ENFORCEMENT PROGRAM PARTICIPANTS . IV-D services are available to anyone who:
(A) Files an application for services with the Department;
(B) Is a non-IV-A Medicaid recipient;
(C) Receives Temporary Assistance for Needy Families under Title IV-A, foster care under Title IV-E, or Medicaid; or
(D) Has been receiving IV-D services and is no longer eligible for assistance under Title IV-A, Title IV-E foster care, and Medicaid.
004.01 ANNUAL FEE. Recipients of IV-D services will be assessed an annual fee in the amount specified under, and subject to the exemptions contained in, Title IV-D of the federal Social Security Act, as amended. Once the minimum amount of support required has been collected and disbursed, future payments will be retained by the Department until the fee has been paid. The obligor of the support order will be given full credit for the entire payment received.
004.01(A) FEE ASSESSMENT. The annual fee will be assessed each Federal Fiscal Year for each IV-D case. Recipients with more than one IV-D case will be assessed a fee for each case.
005. ELIGIBILITY FOR FORMER PUBLIC ASSISTANCE RECIPIENTS . Within five (5) days of being notified that a recipient receiving IV-D services is no longer eligible for public assistance, notice is sent to the party that IV-D services will continue unless the party notifies the Department that such services are no longer desired. If there is a debt owed to the state, the case remains open unless it qualifies for case closure.
005.01 MEDICAID RECIPIENTS MANDATORY AND OPTIONAL SERVICES. Medicaid recipients must accept support enforcement services related to securing medical support, including the establishment of paternity when appropriate. Medicaid recipients who are not receiving Aid to Dependent Children (ADC) or foster care assistance and do not wish to receive other support enforcement services must notify the Department that they are requesting IV-D services that relate only to securing medical support.
006. PARTICIPANT COOPERATION . Program participants must cooperate with the Department and accept all services offered unless otherwise exempt.
History
- Effective 2020-07-04
Chapter 2 Definitions
Neb. Admin. Code tit. 466, ch. 2 Definitions {#sec-466-nac-2 omnilex-key=us-ne-regs-official--title-466--466 NAC 2}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for state participation in Title IV-D funding.
002. DEFINITIONS . For purposes of Title 466 NAC, the following definitions apply.
002.01 DEPARTMENT. Nebraska Department of Health and Human Services.
002.02 FAMILY VIOLENCE INDICATOR (FVI). A designation in the Federal Case Registry (FCR) used to prevent disclosure of the location of a custodial party or a child believed by the state to be at risk of family violence.
002.03 FEDERAL CASE REGISTRY. A national database that includes all child support cases handled by state child support agencies and all support orders established or modified on or after October 1, 1998. It assists states in locating parties that live in different states to establish, modify, or enforce child support obligations; establish paternity; enforce state law regarding parental kidnapping; and establish or enforce child custody or visitation determinations.
002.04 GROSS INCOME. Income derived from all sources, except all means-tested public assistance benefits which include any earned income tax credit and payments received for children of prior relationships.
002.05 IV-A. Title IV-A of the Federal Social Security Act.
002.06 IV-B. Title IV-B of the Federal Social Security Act.
002.07 IV-D. Title IV-D of the Federal Social Security Act.
002.08 IV-D AGENCY. A single organizational unit in a state that has the responsibility for administering the State Plan for child support under Title IV-D of the Federal Social Security Act.
002.09 IV-D CASE. A support case in which services are being provided by the State’s IV-D Agency.
002.10 IV-E. Title IV-E of the Federal Social Security Act.
002.11 NON-IV-D. A case in which no party is receiving IV-D services.
002.12 NON-PUBLIC ASSISTANCE (NPA). The type of IV-D case in which the recipient of IV-D services does not receive Aid to Dependent Children (ADC), foster care, or Medicaid.
002.13 STATE DEBT. The amount of money owed to the state at the time a family leaves public assistance rolls.
002.14 TITLE XIX. Title XIX of the Federal Social Security Act.
002.15 TITLE XXI. Title XXI of the Federal Social Security Act.
002.16 UNREIMBURSED ASSISTANCE. The cumulative amount of Aid to Dependent Children (ADC) benefits or foster care payments made by the State since February 1976, minus any support collections received and retained by the Department.
History
- Effective 2020-07-04
Chapter 3 Cooperation and Good Cause
Neb. Admin. Code tit. 466, ch. 3 Cooperation and Good Cause {#sec-466-nac-3 omnilex-key=us-ne-regs-official--title-466--466 NAC 3}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for cooperation with support enforcement. This chapter relates to the cooperation requirement and when a person may show good cause for not cooperating.
002. COOPERATION REQUIREMENT . All Aid to Dependent Children (ADC), Medicaid, and Child Care Subsidy recipients must cooperate in good faith with Child Support Enforcement unless the recipient shows good cause for failing or refusing to do so. Cooperation includes any actions relevant to, or necessary for the achievement of, the following support enforcement objectives, if applicable:
(A) Identification and location of a parent or other necessary party;
(B) Establishment of paternity;
(C) Establishment of a support order;
(D) Enforcement of a support order;
(E) Modification of a support order;
(F) Collection and distribution of support payments;
(G) Establishment of medical support; and
(H) Enforcement of medical support.
003. RESPONSIBILITIES . Cooperation by Aid to Dependent Children (ADC), Medicaid, and Child Care Subsidy recipients includes, but is not limited to:
(A) Appearing or responding when requested to provide written or verbal information that is reasonably available to the party;
(B) Appearing as a witness at judicial or other hearings or proceedings;
(C) Providing information or attesting to the lack of information;
(D) Signing any necessary legal documents or support enforcement forms;
(E) Paying to the Department any support payments received from the obligor or other party after support is assigned;
(F) Cooperating with genetic testing and otherwise assisting in the establishment of paternity;
(G) Identifying and providing relevant information about any parties who may be liable for Medicaid costs;
(H) Providing dependent Social Security Numbers (SSN) when requested;
(I) Providing information about payments made directly from any party;
(J) Forwarding any payments made for medical expenses to the Department or to the health care provider; and
(K) Repaying the Department any support incorrectly paid.
004. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM COOPERATION . A natural or adoptive parent must cooperate in good faith with child support enforcement if such parent is receiving Supplemental Nutrition Assistance Program (SNAP) benefits, is living with and exercising parental control over a child under the age of 18, and there is an absent parent. The recipient may claim good cause as an exception to cooperation as set forth in this chapter. Individuals will be notified of this requirement in writing at the time of application and reapplication for continued Supplemental Nutrition Assistance Program (SNAP) benefits.
004.01 DEEMED COOPERATION. If the individual is receiving Temporary Assistance for Needy Families (TANF) or Medicaid, or assistance from Nebraska Child Support Enforcement, and has already been determined to be cooperating, or has been determined to have good cause for not cooperating, the individual is considered to be cooperating for Supplemental Nutrition Assistance Program (SNAP) purposes.
004.02 REQUIREMENTS AND RESPONSIBILITIES. The individual must cooperate with the State Child Support Agency in establishing paternity of the child, and in establishing, modifying, or enforcing a support order with respect to the child and the individual.
004.03 FEES FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RECIPIENTS. Supplemental Nutrition Assistance Program (SNAP) recipients subject to the cooperation provisions of this Chapter shall not be required to pay a fee or other cost for services provided under Part D of Title IV of the Social Security Act.
005. NON-CUSTODIAL PARENT COOPERATION . A putative or identified parent who does not live with his or her child who is under the age of 18 must cooperate in good faith with child support enforcement if such parent is receiving Supplemental Nutrition Assistance Program (SNAP) benefits. Individuals will be notified of this requirement in writing at the time of application and reapplication for continued Supplemental Nutrition Assistance Program (SNAP) benefits.
005.01 INDIVIDUAL DISQUALIFICATION. If the Department determines that the non-custodial parent has refused to cooperate, then that individual shall be ineligible to participate in the Supplemental Nutrition Assistance Program (SNAP). Refusal to cooperate is when an individual has demonstrated an unwillingness to cooperate as opposed to an inability to cooperate.
005.02 DEEMED COOPERATION. If the individual is receiving Temporary Assistance for Needy Families (TANF) or Medicaid, or assistance from Nebraska Child Support Enforcement, and has already been determined to be cooperating, or the Department has determined an exception applies under 7 CFR 273.11 for not cooperating, the individual is considered to be cooperating for Supplemental Nutrition Assistance Program (SNAP) purposes.
005.03 REQUIREMENTS AND RESPONSIBILITIES. The individual must cooperate with the State Child Support Agency in establishing paternity of the child, and in establishing, modifying, or enforcing a support order with respect to the child and the individual.
005.04 FEES FOR SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP) RECIPIENTS. Supplemental Nutrition Assistance Program (SNAP) recipients subject to the cooperation provisions of this Chapter shall not be required to pay a fee or other cost for services provided under Part D of Title IV of the Social Security Act.
006. GOOD CAUSE . In order to show good cause for failing or refusing to cooperate, a recipient must demonstrate that:
(A) Cooperation is likely to result in physical or emotional harm to the child;
(B) Cooperation is likely to result in physical or emotional harm to the custodial party with whom the child is living which reduces the capacity to care for the child adequately;
(C) The child was conceived as a result of incest or forcible rape;
(D) Court proceedings are pending for the adoption of the child except in the case of stepparent adoption; or
(E) The custodial party is contemplating placing the child for adoption and has been working with an agency for this purpose not more than three months.
006.01 NOTICE OF GOOD CAUSE. Upon receiving notice of a claim of good cause for failure to cooperate, all activities to establish paternity or secure support will be suspended until the Department makes a final determination whether good cause exists.
007. CORRABORATING EVIDENCE . Within 20 days of claiming good cause for failing or refusing to cooperate, a recipient must provide corroborating evidence. Additional time may be granted in the sole discretion of the Department. Corroborating evidence includes, but is not limited to:
(A) Birth certificates, medical records, or law enforcement records that indicate that the child was conceived as the result of incest or forcible rape;
(B) Court documents or other records that indicate that legal proceedings for adoption are pending;
(C) Court, medical, criminal, child protective services, social services, psychological, or law enforcement records that indicate that the alleged father or noncustodial party might inflict physical or emotional harm upon the custodial party or the child;
(D) Medical records that indicate emotional health history and present emotional health status of the custodial party or the child, or written statements from a mental health professional indicating a diagnosis or prognosis concerning the emotional health of the custodial party or the child;
(E) A written statement from a public or private agency confirming that the custodial party is being assisted in resolving the issue of whether to give up the child for adoption; or
(F) Sworn statements from individuals, including but not limited to, friends, neighbors, relatives, clergy, social workers, and medical professionals who might have knowledge of the circumstances providing the basis of the good cause claim.
008. DETERMINATION OF GOOD CAUSE . The recipient will be notified in writing whether the Department has determined good cause exists. As long as good cause exists, no actions will be taken to establish paternity or secure support unless the Department determines that support enforcement may proceed without the participation of the recipient, caretaker, or other relative. If such a determination is made, the recipient, caretaker, or other relative will not be required to be involved with any undertaking to establish paternity or secure support.
009. EFFECT OF GOOD CAUSE DETERMINATION . The good cause determination extends to all parties involved in the case. If the Department determines that good cause exists, IV-D services will not be provided to any party to the case unless the Department determines that support enforcement may proceed without the participation of the recipient, caretaker, or other relative who showed good cause.
010. SANCTIONS FOR FAILURE TO COOPERATE . Failure to cooperate in good faith can result in sanctions being imposed by the Department relating to receiving public assistance, discontinuation of IV-D services, or both.
History
- Effective 2020-07-04
Chapter 4 Case Initiation and Closure
Neb. Admin. Code tit. 466, ch. 4 Case Initiation and Closure {#sec-466-nac-4 omnilex-key=us-ne-regs-official--title-466--466 NAC 4}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for child support enforcement. This chapter pertains to establishing and closing a support enforcement case.
002. CASE ESTABLISHMENT AND MAINTENANCE OF CASE RECORDS . Applications for child support services are readily accessible to the public and will be provided, received, and processed within the timeframes and pursuant to the requirements of Title IV-D of the Social Security Act and 45 CFR §303.2. Within such timeframes, a case will be opened by establishing a case record and the case will be assessed to determine necessary action such as soliciting and verifying relevant information and making location attempts. The case record will be supplemented with information and documents pertaining to the case as well as all relevant facts, dates, actions taken, contacts made, and results in a case.
003. CASE CLOSURE . The Department may close a case if the case meets at least one of the criteria set forth in 45 CFR §303.11 and supporting documentation for the case closure decision is maintained in the case record. If case closure is mandatory under 45 CFR §303.11, the case will be closed after supporting documentation is obtained and maintained in the case file.
004. NOTICE OF CLOSURE . Notice of case closure will be provided as set forth in 45 CFR §303.11. If the case is closed, the former recipient of services may request at a later date that the case be reopened if there is a change in circumstances that could lead to the establishment of paternity, establishment of a support order, or the enforcement of an order. A new application for IV-D services and any applicable application fee is required to reopen a case.
005. ELECTRONIC NOTICE . If the recipient of services specifically authorizes consent for electronic notifications, the Department may elect to notify the recipient of services electronically of the intent to close the case. Documentation of the recipient’s consent will be maintained in the case record.
006. REQUIREMENTS FOR KEEPING A CASE OPEN . The case will not be closed if:
(A) Contact is reestablished with the custodial party if inability to contact the party was the reason for closure; or
(B) The recipient of services or an initiating agency supplies information in response to the notice which could lead to the establishment of paternity, establishment of a support order, or enforcement of a support order.
007. RETENTION OF CASE RECORDS . Records will be retained in accordance with the applicable Department records retention and disposition schedule but not less than the period required under 45 CFR 303.11 and 45 CFR 75.361.
History
- Effective 2020-07-04
Chapter 5 Location
Neb. Admin. Code tit. 466, ch. 5 Location {#sec-466-nac-5 omnilex-key=us-ne-regs-official--title-466--466 NAC 5}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for child support enforcement. This chapter pertains to locating parties, sources of income, and assets in order to take appropriate action in a Title IV-D case.
002. LOCATION OF PARTIES, SOURCES OF INCOME, AND ASSETS . For all IV-D cases the Department will attempt to locate necessary parties, sources of income, and assets when location is needed to take a necessary action. The Department will comply with the requirements and standards set forth in 45 CFR 303.3.
003. LOCATION TIMEFRAMES AND REPEATED ATTEMPTS . Available location sources, including any appropriate requests to the Federal Parent Locator Service (FPLS) of the U. S. Department of Health and Human Services will be accessed within 75 calendar days of determining that location action is necessary. The Department will repeat location attempts in cases in which previous attempts to locate parties, sources of income, or assets have failed but adequate identifying and other information exists to meet requirements for submittal for location. Attempts will be either quarterly or immediately upon receipt of new information which may aid in location, whichever occurs sooner. Quarterly attempts may be limited to automated sources but will include accessing state workforce files.
004. PARENT LOCATOR SERVICES . The Department is the agency responsible for maintaining and accessing parent locator services.
004.01 STATE PARENT LOCATOR SERVICE. The Department maintains a State Parent Locator Service as set forth in applicable state law and 45 CFR 302.35. Confidential information from the State Parent Locator Service will only be released to authorized persons for authorized purposes. Any information obtained through the State Parent Locator Service remains confidential and must be used solely for the purpose for which it was obtained and must be safeguarded.
004.02 FEDERAL PARENT LOCATOR SERVICE. The U.S. Department of Health and Human Services maintains the Federal Parent Locator Service. Only the State Parent Locator Service may submit requests for information to the Federal Parent Locator Service. Any information obtained through the Federal Parent Locator Service is confidential and must be used solely for the purpose for which it was obtained and must be safeguarded.
004.03 AUTHORIZED PERSONS. Unless otherwise provided by law, and subject to the restrictions set forth in applicable federal and state law, only the following are authorized to receive information from the State Parent Locator Service and Federal Parent Locator Service:
(A) Any state or local governmental agency, or agent thereof, providing child, spousal, or medical support services under Title IV-D of the Social Security Act;
(B) Any state or local governmental agency administering a IV-A, IV-B, IV-E, Supplemental Nutrition Assistance Program (SNAP) or Medicaid Program;
(C) State governmental agencies involved with the investigation, prosecution, or criminal or civil proceedings conducted in connection with the administration of the programs identified in this section or under 45 CFR Parts 302 and 303;
(D) Any certified Tribal IV-D agency providing child and spousal support services;
(E) A court or tribunal that has authority to issue an order against a noncustodial party for the support and maintenance of a child;
(F) The resident parent, legal guardian, attorney, or agent of a child who is not receiving IV-D services may request location information via a court order only if the individual attests that:
(i) The request is being made to obtain information on, or to facilitate the discovery of, any individual for the purpose of establishing parentage, establishing, setting the amount of, modifying, or enforcing a child support obligation;
(ii) Any information obtained through the State or Federal Parent Locator Service shall be used solely for these purposes and shall be otherwise treated as confidential; and
(iii) The requestor is the resident parent, legal guardian, attorney, or agent of a child not receiving assistance under IV-A; and
(G) A court, an agent, or attorney of the state or federal government in connection with parental kidnapping, child custody, or visitation cases pursuant to this chapter or 45 CFR Parts 302 and 303.
004.04 STATE AUTHORIZED PURPOSE. The following are authorized purposes for information from the State Parent Locator Service:
(A) The administration of the Child Support Enforcement IV-D Program;
(B) The administration of an IV-A, IV-B, IV-E, Supplemental Nutrition Assistance Program (SNAP) or Medicaid Program;
(C) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of the programs identified in this chapter;
(D) The location of an individual in connection with known or suspected mental or physical injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of child support activity when circumstances indicate that a child’s health or welfare is threatened;
(E) The location of an individual in connection with a parental kidnapping, child custody or visitation case pursuant to this chapter or 45 CFR Parts 302 and 303; or
(F) State or federal law which allows or requires disclosure.
004.05 FEDERAL AUTHORIZED PURPOSE. The following are authorized purposes for information from the Federal Parent Locator Service:
(A) Establishing paternity;
(B) Establishing, modifying, or enforcing support obligations;
(C) Determining who has or may have parental rights to a child;
(D) Enforcing any state or federal law with respect to the unlawful taking or restraint of a child;
(E) Making or enforcing a determination of child custody or visitation;
(F) Locating a child or a non-parent relative of a child in a IV-B or IV-E case; or
(G) Assisting state governmental agencies to carry out their responsibilities under IV-D, IV-A, IV-B, and IV-E programs.
004.06 INFORMATION THAT MAY BE RELEASED. The following information may be provided to authorized persons subject to the exceptions and restrictions set forth in this chapter:
(A) For the purposes set forth in 466 Nebraska Administrative Code (NAC) 5-004.04(A), (B), and (C) and 466 NAC 5-004.05(A), (B), (C), and (G), the following information may be provided:
(i) Person’s name, Social Security Number (SSN), and address;
(ii) Employer’s name, address, and Federal Employer Identification Number;
(iii) Wages, income, and employment benefits including health care coverage; and
(iv) Type, status, and location of assets or debts owed by or to the individual.
(B) For the purposes set forth in 466 NAC 5-004.04(D) and (E) and 466 NAC 5-004.05(D) and (E), the following information may be provided:
(i) Person’s name and address; and
(ii) Employer’s name and address.
(C) For purposes of locating a child or non-parent relative under 466 NAC 5-004.04(B) and 466 NAC 5-004.05(F), the following information may be provided:
(i) Person’s name, Social Security Number (SSN), and address; and
(ii) Employer’s name, address, and Federal Employer Identification Number.
(D) For any other purpose allowed by federal or state law, the information released will be limited to only that information allowed by such law.
004.07 FURTHER EXCEPTIONS AND RESTRICTIONS TO RELEASE OF INFORMATION. The following additional restrictions apply to the release of information from the State and Federal Parent Locator Services:
(A) National Directory of New Hire and Federal Case Registry information must not be provided to Title XIX and Title XXI programs unless independently verified;
(B) Internal Revenue Service (IRS) information must not be disclosed outside of the IV-D program unless independently verified; and
(C) Multi-state Financial Institution Data Match and Financial Institution Data Match information must not be disclosed outside of the IV-D program.
004.08 FAMILY VIOLENCE INDICATOR. No information shall be disclosed if the Department has reasonable evidence of domestic violence or child abuse against a party or a child and disclosure of information could be harmful to the party or a child. The information can be released to a court of competent jurisdiction upon receipt of an order from that court. It is the responsibility of the court to determine if releasing the information further will be harmful to the parent or child.
004.09 REQUIRED INFORMATION. Requests for information from the Federal Parent Locator Service must contain the following information:
(A) The parent’s, putative father’s, or non-parent relative’s name;
(B) The parent’s or putative father’s Social Security Number (SSN). If the Social Security Number (SSN) is unknown, every reasonable effort to ascertain the individual’s Social Security Number (SSN) must be made before making a request;
(C) The non-parent relative’s Social Security Number (SSN), if known; and
(D) Any other information required by the Federal Office of Child Support Enforcement.
004.10 COURT ORDERS. Requests for information from the State Parent Locator Service and Federal Parent Locator Service directly from courts and from the resident parent, legal guardian, attorney, or agent of a child who is not receiving IV-D services must be in the form of a court order.
005. NEBRASKA STATE DIRECTORY OF NEW HIRES (SDNH) . The Department has established and operates the Nebraska State Directory of New Hires. Employers are required to report the hire or rehire of employees pursuant to the Nebraska New Hire Reporting Act.
005.01 CRITERIA TO REPORT INDEPENDENT CONTRACTORS. Employers are required to report independent contractors to the State Directory of New Hires (SDNH) if the following criteria are met.
(A) The independent contractor is 18 years of age or older;
(B) The independent contractor is an individual, sole shareholder of a corporation, or sole member of a limited liability company; and
(C) The employer paid or expects to pay during the year to the independent contractor an amount reportable to the Internal Revenue Service (IRS) on Federal Form 1099.
005.02 SUBMISSION OF NEW HIRE INFORMATION. Reports may be submitted on a W-4 or equivalent document, which includes the following information:
(1) Employee name, address, and Social Security Number (SSN);
(2) Date of hire or rehire; and
(3) Employer name, address, and Employer Identification Number.
005.02(A) Within five (5) business days of receiving reports from employers, the data will be entered into the Nebraska State Directory of New Hires.
005.02(B) Within two (2) business days after new hire data is entered, the Department’s child support computer system will conduct a match between the Social Security Numbers (SSNs) in new hire reports, and data in the State Parent Locator Service. If a matched employee’s income is subject to wage withholding, the Department’s child support computer system will generate a notice of wage withholding to the employer.
005.02(C) Within three (3) business days after new hire data is entered into the State Directory of New Hires, new hire data will be submitted to the National Directory of New Hires.
005.03 CONFIDENTIALITY. Information derived from employer reports received and maintained by the Nebraska State Directory of New Hires is confidential. The information may be made available for use by state agencies administering:
(1) State plans under Title IV-D of the Social Security Act;
(2) Programs specified in section 1137(b) of the Social Security Act;
(3) Unemployment Compensation Programs; and
(4) Workers’ Compensation Programs.
005.03(A) Information released under 466 NAC 5-005.03 remains confidential and may not be further released by the recipient unless specifically authorized by federal or state law or regulation.
History
- Effective 2020-07-04
Chapter 6 Paternity Establishment
Neb. Admin. Code tit. 466, ch. 6 Paternity Establishment {#sec-466-nac-6 omnilex-key=us-ne-regs-official--title-466--466 NAC 6}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for the establishment of paternity and support orders. This chapter relates to the establishment of paternity.
002. GENETIC TESTING . In accordance with applicable federal and state law, the Department identifies and uses laboratories which perform, at reasonable costs, legally and medically accepted genetic tests and makes a list of such laboratories available upon request. In paternity actions brought or intervened in by the state, the state initially pays for testing when performed by any blood testing lab under contract with the Department or a lab used in an intergovernmental action in which Nebraska is the initiating state. If the result of genetic testing is disputed, additional testing may be done at the expense of the party requesting additional testing.
003. REIMBURSEMENT OF STATE COSTS . A reasonable fee for genetic tests may be charged to any individual who is not a recipient of public assistance not to exceed the actual costs of genetic testing.
004. VOLUNTARY PATERNITY ACKNOWLEDGEMENT . In addition to any requirement contained in applicable state statutes, the Department, hospitals, local birth record agencies, and all other entities participating in voluntary paternity acknowledgement for children born out of wedlock shall provide the following to a child’s mother and alleged father, if the alleged father is readily identifiable and available:
(A) Written materials about paternity establishment;
(B) The forms necessary to voluntarily acknowledge paternity;
(C) Notice, orally or through video or audio equipment, and in writing, of the alternatives to, the legal consequences of, and the due process rights (including any rights, if a parent is a minor, due to minority status) and responsibilities of acknowledging paternity;
(D) The opportunity to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about paternity establishment; and
(E) The opportunity to voluntarily acknowledge paternity on site.
005. FILING FORMS AND DECREES WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES . Voluntary acknowledgements and adjudications of paternity by judicial or administrative processes shall be filed with the Department of Health and Human Services.
History
- Effective 2020-07-04
Chapter 8 Review and Modification of Child Support Orders
Neb. Admin. Code tit. 466, ch. 8 Review and Modification of Child Support Orders {#sec-466-nac-8 omnilex-key=us-ne-regs-official--title-466--466 NAC 8}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for child support enforcement. This chapter pertains to the review and modification of child support orders.
002. NOTICE OF RIGHT TO REQUEST A REVIEW . At least once every three years, the Department will notify each party subject to an IV-D child support order in Nebraska of the right to request a review of the order and the appropriate place and manner in which the request should be made.
003. CRITERIA FOR A REVIEW . All Nebraska IV-D court orders or foreign orders registered under the Uniform Interstate Family Support Act (UIFSA) or the Revised Uniform Reciprocal Enforcement of Support Act (RURESA) in Nebraska are eligible for a review for possible modification of the child support amount and inclusion of health care coverage if the following criteria are met:
(A) The order is for current support;
(B) The order is an active Nebraska order;
(C) Nebraska maintains continuing exclusive jurisdiction under the Uniform Interstate Family Support Act (UIFSA) or is the proper state to acquire continuing exclusive jurisdiction under the Uniform Interstate Family Support Act (UIFSA) for the support order;
(D) At least one party resides in Nebraska;
(E) The location of all parties involved is known;
(F) The noncustodial party is not institutionalized;
(G) The order is not a Tribal order;
(H) The youngest child in the order will not reach the age of majority within the next 12 months;
(I) The order is not registered for income withholding only; and
(J) The order does not require a change in custody to effectuate the modification of support.
003.01 FREQUENCY OF REQUEST FOR REVIEW. Child support orders in cases in which a party has applied for services under Title IV-D of the federal Social Security Act, shall be reviewed by the Department to determine whether to refer such orders to the county attorney or authorized attorney for filing of an application for modification in accordance with Neb. Rev. Stat. §43-512.12 through §43-512.18.
003.01(A) REVIEW CLOSED. If a party requests a review and if at any time during the review process the review criteria are not met, the request for review will be closed and the requesting party will be notified that the order is no longer eligible for review.
003.01(B) GOOD CAUSE. The Department will not conduct a review of an order in cases where the support has been assigned to the State, the custodial party is exempt from cooperation for good cause, and the Department has determined it would not be in the best interest of the child or custodial party to pursue a modification.
004. TIMEFRAMES FOR REVIEW AND MODIFICATION . Within 180 calendar days of the date that the Department receives a request for review, or locates the non-requesting party, whichever occurs later, the Department will:
(A) Conduct a review of the order and complete all proceedings to modify the order; or
(B) Determine that the order should not be adjusted.
005. WITHDRAWAL OF REQUEST FOR REVIEW . A party requesting a review may withdraw the request, in writing, at any time before a review determination is made.
006. REVIEW . All parties must return financial information and supporting documentation to the Department within 30 calendar days of a request for information by the Department. If the Department requests additional information, the parties must return the requested information postmarked within 15 calendar days of the date of the request.
006.01 FAILURE TO LOCATE ALL PARTIES OF STANDING. The Department may close a review if it is unable to locate an essential party after making reasonable efforts.
007. INTERGOVERNMENTAL REVIEW AND MODIFICATIONS . When a party requests the review of an order in an intergovernmental case, the Department will determine whether a review should be conducted in another state.
007.01 REQUEST TO ANOTHER JURISDICTION. The Department will refer the case to the child support intergovernmental central registry in another state for action within 20 calendar days of:
(A) Determining that it is appropriate to request a review in another state; and
(B) Receiving the information necessary to process the case.
007.02 NOTIFICATION TO THE NEBRASKA PARTY. If the Department receives notice from a responding state in connection with the review and modification of an order, a copy will be sent to the party in Nebraska within 10 calendar days.
007.03 REQUEST FROM ANOTHER JURISDICTION. Within 10 working days of receiving a request for review and modification from another jurisdiction, the Intergovernmental Central Registry will forward the request to the Department. Within 15 calendar days of receipt of a request from the Intergovernmental Central Registry, the Department will determine whether a review should be conducted.
007.04 INTERGOVERNMENTAL REQUEST DENIED. When the Department determines that a review should not be conducted, notice will be sent to the other jurisdiction advising the reason for the denial.
007.05 INTERGOVERNMENTAL REQUEST GRANTED. When the Department determines that a review should be conducted, each party will be sent notice that a review will be conducted. After the review is conducted, notice will be provided to the parties of the Department’s determination and how to contest the determination. The Department will conduct a review of the order and complete all proceedings to modify the order or determine that the order should not be adjusted within the timeframes set forth for review and modification in this chapter.
007.06 NOTIFICATION TO THE PARTY IN THE INITIATING STATE. The Department will send any notices of the review to the party in the initiating state through the appropriate agency in the initiating state.
007.07 GOVERNING LAWS. The Department will not refer for modification any final, non-modifiable aspect of an original order from another jurisdiction.
History
- Effective 2020-07-04
Chapter 9 Enforcement of Support Orders
Neb. Admin. Code tit. 466, ch. 9 Enforcement of Support Orders {#sec-466-nac-9 omnilex-key=us-ne-regs-official--title-466--466 NAC 9}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for child support enforcement. This chapter pertains to the enforcement of support orders.
002. TIMEFRAMES FOR ENFORCEMENT . Support obligations will be enforced in accordance with, and under the timeframes established in, 45 CFR §303.6.
003. ADMINISTRATIVE ATTACHMENT . Neb. Rev. Stat. §§ 43-3333 to 43-3339 allow for administrative attachment of personal assets of an obligor held by a payor or held by a financial institution for the collection of unpaid support from obligors.
003.01 FEE FOR PROCESSING AN ORDER TO WITHHOLD AND DELIVER. Any processing fee allowed by statute and retained by a payor is not a support payment and does not reduce an obligor’s arrearage.
004. ADMINISTRATIVE SUBPOENA . An administrative subpoena may be issued pursuant to applicable state statutes to compel the production of information relevant to establishing paternity or establishing, modifying, or enforcing a support order.
004.01 REQUEST FOR ADMINISTRATIVE HEARING. Any person wishing to challenge an administrative subpoena of this nature may request a hearing to contest the subpoena. The request must be in writing and either delivered to the Department or postmarked within 15 calendar days of the date the subpoena was issued. If a timely request for hearing is received, the administrative subpoena will not be enforced until the administrative appeal process is completed.
004.02 HEARING DATE. The Department will provide an opportunity for a hearing within 15 calendar days after receipt of a proper written request.
004.03 HEARING RESULTS. The appellant will be notified of the hearing results within 15 calendar days of the hearing.
005. CONSUMER CREDIT REPORTING . The Department may make available to consumer credit reporting agencies information regarding the amount of support owed in an IV-D case if the obligor is in arrears more than $500.
005.01 ADVANCE NOTICE TO THE OBLIGOR. The Department will send a one-time advance notice to the obligor regarding the intent to submit information to consumer credit reporting agencies. The advance notice will include:
(A) The county where the support order originated;
(B) The support order number;
(C) The date the amount was reported delinquent;
(D) The total dollar amount to be submitted;
(E) The delinquent amount by judgment type;
(F) Notice that the obligor has 30 calendar days to reduce the arrears to below $500 to avoid submittal to consumer credit reporting agencies;
(G) Information regarding how to request an administrative review; and
(H) The criteria a case must meet to be eligible for review.
005.02 REQUEST FOR REVIEW. A request for review must be in writing and either delivered to the Department or postmarked within 15 calendar days of the date of the advance notice. A request for review is limited to whether:
(A) There is an error in the identity of the obligor; or
(B) The arrearage amount is $500 or less.
005.03 REVIEW FINDINGS. The Department will notify the obligor of its findings within 30 calendar days of the date the request for a review was received and will advise the obligor of the procedures to request an administrative hearing to appeal the review findings.
005.04 REQUEST FOR AN ADMINISTRATIVE HEARING. The obligor may request an administrative hearing to appeal the review findings. The request must be in writing and either delivered to the Department or postmarked within 15 calendar days of the date the review finding was issued. A hearing will be held within 30 calendar days of the receipt of the written request. The obligor will be notified of the hearing results within 15 calendar days of the hearing.
005.05 SUBMITTAL PROCESS STAYED. The Department will not submit a support order to consumer credit reporting agencies pending the outcome of the review and administrative hearing.
005.06 INFORMATION REPORTED TO CONSUMER CREDIT REPORTING AGENCIES. Obligor information is updated with consumer credit reporting agencies on a monthly basis. The Department will submit the following obligor information to consumer credit reporting agencies:
(A) Name;
(B) Address;
(C) Social Security Number (SSN);
(D) Support order number;
(E) Delinquent support amount; and
(F) Monthly support obligation.
005.07 DISPUTE TO CONSUMER CREDIT REPORTING AGENCIES. Upon notification from a consumer credit reporting agency that there is a dispute relating to information submitted regarding an obligor’s debt, the Department will review the obligor's account. Upon completion of the review, the Department will notify the consumer credit reporting agencies to modify, delete, or block information that is inaccurate, incomplete, or cannot be verified.
006. INCOME WITHHOLDING . Notices to withhold income pursuant to the Nebraska Income Withholding for Child Support Act will be sent to the obligor and others, as required by the Act, within the timeframes required under 45 CFR 303.100.
007. OFFSET PROGRAMS . Nebraska participates in the Federal Tax and Administrative Offset programs under Title IV-D of the Social Security Act, 45 CFR 302.60, 45 CFR 303.72, 31 CFR Part 285, and other applicable federal law. Cases that meet the criteria set forth in applicable federal or state law will be submitted for collection under these programs even if the obligor has entered into a payment plan with the state.
007.01 NOTICE TO OFFSET. Written notice will be sent at least annually to all obligors identified for the Federal Tax Offset and Administrative Offset programs. The notice includes information regarding:
(A) The right to contest the state’s determination that past-due support is owed or the amount of past-due support;
(B) The right to an administrative review by the Department or, at the obligor's request, the state with the order upon which the referral for offset is based;
(C) The procedures and timeframes to request an administrative review;
(D) In the case of a joint return, at the time of the offset, the Secretary of the U.S. Treasury will notify the non-obligated spouse of the obligor of the steps to take to protect the share of the refund which may be payable to that spouse; and
(E) Any further arrears accruing may be added to the obligor’s debt and will be subject to collection by Federal Tax Offset and Administrative Offset without further notice.
007.02 CONTESTING FEDERAL TAX OFFSET OR ADMINISTRATIVE OFFSET. The obligor may contest Federal Tax Offset and Federal Administrative Offset in writing, postmarked or personally delivered to the Department within 45 calendar days of the date of the advance notice or the date of notice of an offset of funds. A complaint or contest by an obligor is limited to:
(A) An error in the identity of the noncustodial party;
(B) An error in the amount of past-due support; or
(C) The non-existence of an order for support.
007.03 CONDUCTING A REVIEW. Upon receipt of a contest or complaint relating to offset, the Department will review the pertinent facts of the case to determine the validity of the obligor's complaint. The obligor will be notified of the Department’s findings within 60 calendar days of the date of the receipt of the complaint and the procedures for requesting an administrative hearing.
007.04 REQUEST FOR AN ADMINISTRATIVE HEARING. The obligor may request an administrative hearing by sending a written request to the Department within 30 calendar days of the date of the review finding. A hearing will be scheduled within 30 calendar days of receipt of the request. The obligor will be notified of the hearing results within 15 calendar days of the hearing.
007.05 REVIEW BY THE STATE WITH THE ORIGINAL ORDER. If the support order is from another state and the complaint cannot be resolved, the obligor may request an administrative review in the state with the original order. If a request is made for review by another state, the Department will notify that state within 10 calendar days of the date of the request. The Department will provide that state with the proper documentation such as a copy of the order and any modifications, a copy of the payment record or the payee’s affidavit, and the payee’s address for non-Aid to Dependent Children (ADC) and Medicaid-only cases. The other state receiving the request to conduct an administrative review is responsible for contacting the necessary parties to advise them of the date, time, and place of the review.
007.06 DISTRIBUTION OF COLLECTIONS. If the Department is notified by the appropriate federal authorities that an offset is being made from a refund based on a joint tax return, the state may delay disbursement until notification that the unobligated spouse’s proper share of the refund has been paid or for a maximum of six months from the date the state was notified of the offset, whichever shall first occur.
008. REFERRAL TO THE NEBRASKA DEPARTMENT OF REVENUE FOR TAX REFUND OFFSET . The Department may submit a past-due support obligation to the Nebraska Department of Revenue for possible offset against state income tax refunds and state lottery prizes.
008.01 NOTICE TO THE OBLIGOR OF REFERRAL. The Department will send notice to the obligor by regular first-class mail, that the obligor’s past-due support obligation will be submitted to the Department of Revenue for possible offset of a tax refund. The notice of intent to refer a past-due support obligation to the Department of Revenue will advise the obligor that:
(A) The obligor may contest the validity of the claim before the Department by giving written notice to the Department within 45 calendar days of the date the Department mailed the notice of intent to refer;
(B) Only certain defenses can be raised; and
(C) Any further arrears accruing may be added to the obligor’s debt and will be subject to collection by offset.
008.02 CONTESTING STATE TAX OFFSET REFERRAL. The obligor may contest the referral to the Department of Revenue in writing postmarked within 45 calendar days of the date of the notice of referral. The only issues that the obligor may contest are:
(A) An error in the identity of the obligor;
(B) An error in the amount of past-due support; or
(C) The non-existence of an order for support.
008.03 ADMINISTRATIVE REVIEW. If a timely written contest is received, the Department will review the pertinent facts of the case to determine if the obligor’s contest is valid. The Department will notify the obligor of its findings within 60 calendar days of the date the contest is received by the Department.
008.04 REQUEST FOR AN ADMINISTRATIVE HEARING. The obligor may request an administrative hearing to appeal the Department’s findings by sending a written request to the Department within 30 calendar days of the date of the administrative review finding. A hearing will be scheduled within 30 calendar days of the date a timely written request is received. The obligor will be notified of the hearing results within 15 calendar days of the hearing.
009. NOTICE OF CLAIM TO REFUND OR LOTTERY PRIZE . Within 20 calendar days of receiving notice from the Department of Revenue that an obligor is entitled to a state tax refund or state lottery prize, the Department will send the obligor written notification of an assertion of its rights, or of the rights of an individual not eligible as a public assistance recipient, to all or a portion of the debtor's refund or state lottery prize.
009.01 WRITTEN NOTIFICATION. The written notification shall clearly set forth:
(A) The basis for the claim to the refund or state lottery prize;
(B) The intention to apply the refund or state lottery prize against the debt;
(C) The obligor's opportunity to give written notice of intent to contest the validity of the claim before the Department within 30 calendar days of the date of the mailing of the notice;
(D) The mailing address to which the application for a hearing must be sent; and
(E) Notice that failure to apply for a hearing in writing within the 30 day period will be deemed a waiver of the opportunity to contest the claim.
009.02 JOINT TAX RETURN NOTIFICATION. In the case of a joint tax return, the notice shall also state the name of the taxpayer named in the return, if any, against whom no debt is claimed.
009.03 JOINT TAX RETURN PRESUMPTION. In the case of a joint income tax return, it is presumed that each partner to the marriage submitting such return contributed one-half of the earnings upon which the refund is based. The presumption may be contested by the state, the delinquent taxpayer, or the innocent spouse at the administrative hearing.
009.04 HEARING ISSUES. No issues shall be reconsidered at the hearing which have been previously litigated except if the amount asserted as due and owing is not correct, an adjustment to the claimed amount shall be made.
010. CERTIFICATION TO THE U.S. SECRETARY OF HEALTH AND HUMAN SERVICES FOR PASSPORT DENIAL OR REVOCATION . All IV-D child support cases that meet the established criteria will be certified by the Department to the U.S. Secretary of Health and Human Services for possible denial or revocation of a passport under federal law. Cases meeting the criteria will be certified even if the obligor has entered into a payment plan with the state. Submittal to the passport denial or revocation program continues after the child reaches the age of majority.
010.01 CRITERIA FOR CERTIFICATION. The following criteria apply to certification to the U.S. Secretary of Health and Human Services:
(A) The support obligation was established under a court order or an order of an administrative process established under state law;
(B) The total amount of combined arrearages for all Nebraska IV-D cases for the obligor is in excess of $2,500;
(C) The delinquency is for support and maintenance of a child or of a child and the parent with whom the child is living (spousal support). Delinquent support may include medical support, but only if a specific dollar amount is included in the order and the obligor is not making payments as ordered;
(D) The state IV-D agency has verified the accuracy of the delinquent support and has a copy of the order, any modifications, the pay record or an affidavit signed by the court-ordered payee attesting to the accuracy and amount of delinquency;
(E) The state has verified the obligor’s name and Social Security Number (SSN);
(F) The state IV-D agency has the payee’s current address; and
(G) In non-Aid to Dependent Children (ADC) or Medicaid only cases, the state IV-D agency has checked its records to determine if there are delinquent Aid to Dependent Children (ADC) or foster care support state debt amounts.
The delinquent support will remain subject to certification until the arrears are paid in full.
011. NOTIFICATION TO THE OBLIGOR OF CERTIFICATION TO THE U.S. SECRETARY OF HEALTH AND HUMAN SERVICES . Written notice is sent at least annually to the obligor identified for certification to the U.S. Secretary of Health and Human Services. The notice will include information regarding:
(A) The right to contest the certification by requesting an administrative review in either the submitting state or the state with the order for support;
(B) The procedures and timeframes to request an administrative review; and
(C) Any further arrears accruing may be added to the obligor’s debt and will be subject to the passport denial or revocation program.
012. CONTESTING CERTIFICATION . The obligor may request an administrative review to contest the certification to the U.S. Secretary of Health and Human Services. The request must be made in writing postmarked within 45 calendar days of the date of the notice of intent to certify. The contest and administrative review are limited to:
(A) An error in the identity of the obligor;
(B) An error in the amount of past-due support;
(C) The non-existence of an order for support; or
(D) The non-existence of a support obligation.
012.01 CONDUCTING THE ADMINISTRATIVE REVIEW. Upon receipt of a contest or complaint relating to certification to the U.S. Secretary of Health and Human Services, the Department will review the pertinent facts of the case to determine the validity of the obligor's complaint. The obligor will be notified of the Department’s findings within 60 calendar days of the date of the receipt of the complaint. The notice of findings will include the procedures for requesting an administrative hearing.
012.02 REQUEST FOR AN ADMINISTRATIVE HEARING. The obligor may request an administrative hearing to appeal the review findings. The request must be in writing and either delivered to the Department or postmarked within 30 calendar days of the date the review finding was issued. A hearing will be held within 30 calendar days of the receipt of the written request. The obligor will be notified of the hearing results within 15 calendar days of the hearing.
012.03 NOTIFICATION TO THE U.S. OFFICE OF CHILD SUPPORT ENFORCEMENT. If the administrative review or appeal hearing results in a finding that the delinquent support amount should be reduced or deleted, the Department will notify the U.S. Office of Child Support Enforcement of the deletion or modification within 10 calendar days.
012.04 REVIEW BY THE STATE WITH THE ORIGINAL ORDER. If the support order is from another state and the complaint cannot be resolved, the obligor may request an administrative review in the state with the original order.
012.04(A) REQUEST MADE BY ANOTHER STATE. If a request is made for review by another state, the Department will notify that state within 10 calendar days of the date of the request. The Department will provide that state with the proper documentation such as a copy of the order and any modifications, a copy of the payment record or the payee’s affidavit, and the payee’s address for non-Aid to Dependent Children (ADC) and Medicaid-only cases.
012.04(B) HEARING NOTIFICATION TO PARTIES. The other state receiving the request to conduct an administrative review is responsible for contacting the necessary parties to advise them of the date, time, and place of the review.
013. FEDERAL FINANCIAL ASSISTANCE . Individuals who have delinquent child support obligations may be denied federal financial assistance such as a federal loan, loan guarantee, or loan insurance. If the Department elects to submit an obligor for denial of federal financial assistance, notice will be sent to the obligor in the same manner as notice for referral for Federal Tax Offset and Administrative Offset. Obligors wishing to contest this must follow the procedures for contesting Federal Tax Offset and Administrative Offset set forth in this chapter. The arrearage threshold elected by the state for referral for denial of federal financial assistance is $150 dollars for a public assistance case and $500 for a non-public assistance or Medicaid-only case.
014. UNCLAIMED PROPERTY OFFSET . The Uniform Disposition of Unclaimed Property Act, Neb. Rev. Stat. §69-1301 et seq., authorizes the Department to file a claim against property of an obligor for the purpose of applying it towards the obligor’s arrearage under a support order.
014.01 NOTIFICATION FROM DEPARTMENT. If the Department intends to file a claim against property of an obligor under the Uniform Disposition of Unclaimed Property Act, it will send written notice by regular first-class mail to the obligor’s last known address informing the obligor of:
(A) The basis for the claim to the unclaimed property;
(B) The intention to apply the unclaimed property towards the obligor’s arrearage;
(C) The right to request an administrative review;
(D) The mailing address to send the request for an administrative review; and
(E) The timeframe within which to request an administrative review.
014.02 REQUEST FOR ADMINISTRATIVE REVIEW. The obligor may contest the action against the unclaimed property, by submitting a written request to the Department. The request must be postmarked or personally delivered to the Department within 45 calendar days of the date of the advance notice. A complaint or contest by an obligor is limited to:
(A) An error in the identity of the obligor;
(B) An error in the amount of past due support; or
(C) The non-existence of an order for support.
014.03 CONDUCTING A REVIEW. Upon receipt of a contest or complaint relating to an action against unclaimed property, the Department will review the pertinent facts of the case to determine the validity of the obligor's complaint. The obligor will be notified of the Department’s findings within 60 calendar days of the date of the receipt of the complaint. The notice of findings will include the procedures for requesting an administrative hearing.
014.04 REQUEST FOR AN ADMINISTRATIVE HEARING. To request an administrative hearing relating to an action against unclaimed property, the obligor must send a written request to the Department within 30 calendar days of the date of the review finding. A hearing will be scheduled within 30 calendar days of receipt of the request. The obligor will be notified of the hearing results within 15 calendar days of the hearing.
History
- Effective 2020-07-04
Chapter 10 Intergovernmental Cases
Neb. Admin. Code tit. 466, ch. 10 Intergovernmental Cases {#sec-466-nac-10 omnilex-key=us-ne-regs-official--title-466--466 NAC 10}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act, the Uniform Interstate Family Support Act (UIFSA), and other federal laws and regulations set forth requirements for child support enforcement. This chapter relates to intergovernmental cases involving two or more states, countries, or tribes.
002. INTERGOVERNMENTAL CENTRAL REGISTRY . The Department has established an Intergovernmental Central Registry responsible for receiving, transmitting, and responding to inquiries on all incoming intergovernmental IV-D cases. Within 10 working days of receipt of an intergovernmental IV-D case, the Intergovernmental Central Registry will:
(A) Ensure that the documentation submitted with the case has been reviewed to determine completeness;
(B) Forward the case for necessary action to the State Parent Locator Service for location services or to the appropriate agency for processing;
(C) Acknowledge receipt of the case and request any missing documentation;
(D) Inform the initiating agency of the location and phone number of the Child Support Enforcement office where the case will be sent; and
(E) Forward the case to the appropriate Child Support Enforcement office for necessary action.
002.01 INADEQUATE DOCUMENTATION. If the documentation received with a case is incomplete and cannot be remedied by the Intergovernmental Central Registry without the assistance of the initiating agency, the Intergovernmental Central Registry will forward the case for any action that can be taken pending necessary action by the initiating agency.
002.02 CASE STATUS INQUIRIES. The Intergovernmental Central Registry will respond to case status inquiries from other agencies within five (5) working days of receipt of the case status review request.
002.03 RECEIPT OF NEW INFORMATION. The Department will notify the responding agency within 10 working days of receipt of new case information on an intergovernmental case.
003. NEBRASKA AS INITIATING AGENCY . The Department will determine whether the noncustodial parent is in another jurisdiction and whether it is appropriate to use its long-arm statute to establish paternity and establish, modify, and enforce a support order, including medical support and income withholding. The Department will also:
(A) Determine whether or not there is a support order or orders in effect in a case using the Federal and State Case Registries, state records, information provided by the recipient of services, and other relevant information available;
(B) Determine in which state a determination of the controlling order and reconciliation of arrearages may be made where multiple orders exist;
(C) Within 20 calendar days of completing the actions set forth above in this section and receipt of any necessary information needed to process the case:
(i) Ask the appropriate intrastate tribunal, or refer the case to the appropriate responding state IV-D agency, for a determination of the controlling order and a reconciliation of arrearages if such a determination is necessary; and
(ii) Refer any intergovernmental IV-D case to the appropriate state central registry, Tribal IV-D program, or central authority of a country for action, if using the Nebraska long-arm statute is not appropriate;
(D) Provide the responding agency sufficient, accurate information to act on the case by submitting with each case any necessary documentation and intergovernmental forms required by the responding agency;
(E) Within 30 calendar days of receipt of the request for information, provide the responding agency with an updated intergovernmental form and any necessary additional documentation, or notify the responding agency when the information will be provided;
(F) Notify the responding agency at least annually, and upon request in an individual case, of interest charges, if any, owed on overdue support under an initiating state order being enforced in the responding jurisdiction;
(G) Submit all past-due support owed in IV-D cases that meet the certification requirements for Federal Tax Refund Offset;
(H) Send a request for review of a child support order to another state within 20 calendar days of determining that a request for review of the order should be sent to the other state and of receipt of information from the requestor necessary to conduct the review;
(I) Distribute and disburse any support collections received in accordance with applicable federal and state law;
(J) Notify the responding agency within 10 working days that the Department has closed its case and the basis for case closure;
(K) Instruct the responding agency to close its interstate case and to stop any withholding order or notice the responding agency has sent to an employer before the initiating state transmits a withholding order or notice, with respect to the same case, to the same or another employer unless the two states reach an alternative agreement on how to proceed; and
(L) If the Department has closed its case and has not notified the responding agency to close its corresponding case, make a diligent effort to locate the obligee, including use of the Federal Parent Locator Service and the State Parent Locator Service, and accept, distribute and disburse any payment received from a responding agency.
004. NEBRASKA AS RESPONDING AGENCY . The Department accepts and processes intergovernmental requests for services regardless of whether the initiating agency elected not to use remedies that may be available under the law of that jurisdiction. The Department will:
(A) Within 75 calendar days of receipt of an intergovernmental form and documentation from its Intergovernmental Central Registry:
(i) Provide location services if the request is for location services or the form or documentation does not include adequate location information on the noncustodial parent;
(ii) If unable to proceed with the case because of inadequate documentation, notify the initiating agency of the necessary additions or corrections to the form or documentation; and
(iii) If the documentation received with a case is incomplete and cannot be remedied without the assistance of the initiating agency, process the case to the extent possible pending necessary action by the initiating agency;
(B) Within 10 working days of locating the noncustodial parent in a different state, return the forms and documentation, including the new location, to the initiating agency, or, if directed by the initiating agency, forward the forms and documentation to the central registry in the state where the noncustodial parent has been located and notify the Nebraska Intergovernmental Central Registry where the case has been sent;
(C) Within 10 working days of locating the noncustodial parent in a different county within Nebraska, forward the forms and documentation to the appropriate county and notify the initiating agency and the responding state's own central registry of its action unless an incoming intergovernmental request has already been filed or registered in that county or a Nebraska order has been entered in that county;
(D) If the request is for a determination of controlling order:
(i) File the controlling order determination request with the appropriate tribunal in Nebraska within 30 calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later; and
(ii) Notify the initiating state agency, the controlling order state and any state where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within 30 calendar days of receipt of the determination from the tribunal;
(E) At the discretion of the Department, report overdue support to Consumer Credit Reporting Agencies, in accordance with applicable federal and state law;
(F) Review and modify child support orders upon request in accordance with applicable federal and state law;
(G) Provide timely notice to the initiating agency in advance of any hearing before a tribunal that may result in establishment or adjustment of an order;
(H) Identify any fees or costs deducted from support payments when forwarding payments to the initiating agency in accordance with applicable federal and state law;
(I) Within 10 working days of receipt of instructions for case closure from an initiating state agency, stop any Nebraska income withholding order or notice and close the intergovernmental IV-D case, unless the two states reach an alternative agreement on how to proceed; and
(J) Notify the initiating agency when a case is closed.
005. PAYMENT AND RECOVERY OF COSTS IN INTERGOVERNMENTAL IV-D CASES . Nebraska initially pays the costs it incurs in processing intergovernmental IV-D cases, including the costs of genetic testing. If paternity is established, the Department, at its election, may seek a judgment for the costs of testing from the alleged father who denied paternity. The Department may recover its costs of providing services in intergovernmental non-Aid to Dependent Children (ADC) cases in accordance with applicable federal and state laws. The Department does not recover costs from a foreign reciprocating country or from a foreign obligee in that country when providing services. The Department identifies any fees or costs deducted from support payments when forwarding payments to the initiating agency.
006. INTERGOVERNMENTAL ADMINISTRATIVE SUBPOENA . Federal and state laws allow for the IV-D agency to issue an administrative subpoena to order genetic testing and to obtain financial or other information needed to establish, modify, or enforce a support order, without the necessity of obtaining a court order.
006.01 ADMINISTRATIVE SUBPOENA RECOGNITION. The federal rules and regulations require all IV-D agencies to recognize the authority of other IV-D agencies to issue an administrative subpoena. In the case of an administrative subpoena issued in an intergovernmental case, the federally approved form, citing the applicable federal law, must be used.
007. ADMINISTRATIVE ENFORCEMENT IN INTERGOVERNMENTAL CASES . Nebraska uses high–volume automated administrative enforcement, to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders. The Department will report the results of such enforcement procedure to the requesting state.
007.01 REQUESTS FROM OTHER STATES. Another state may, by electronic or other means, transmit to the Department a request for assistance in enforcing support orders through high–volume, automated administrative enforcement. The request must include sufficient information to enable the Department to compare the information about the cases to the information in the Nebraska databases. The requesting state must certify the amount the obligor is in arrears and that the requesting state has complied with all procedural due process requirements applicable to each case.
007.02 CASE NOT TRANSFERRED. If the Department provides assistance to another state pursuant to this section, the case is not considered to be transferred to the caseload of the Department.
007.03 RECORDS. The Department maintains records of the number of such requests for assistance received, the number of cases for which Nebraska collected support in response to such a request, and the amount of such collected support.
History
- Effective 2020-07-04
Chapter 11 Collection and Distribution
Neb. Admin. Code tit. 466, ch. 11 Collection and Distribution {#sec-466-nac-11 omnilex-key=us-ne-regs-official--title-466--466 NAC 11}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for child support enforcement. This chapter relates to the collection and disbursement of support payments.
002. DISTRIBUTION . Distribution of support payments will be made according to applicable state law in a manner consistent with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and Part D of Title IV of the Social Security Act. Support payments, except for amounts collected through Federal Income Tax Refund Offset, are distributed as follows:
(A) First, the amount collected is distributed to satisfy the current monthly support obligations in the following order: Child support, spousal support, and lastly medical support;
(B) Second, the amount collected is applied toward any arrearages owed, in the following order: Child support arrearage, spousal support arrearage, and lastly medical support payment arrearage; and
(C) Third, the amount collected is applied toward the interest accrued on a child support arrearage, spousal support arrearage, or medical support arrearage in that order of priority.
002.01 ALLOCATION. If an obligor has more than one order, collections are allocated proportionately across all orders unless a lawful exception exists including, but not limited to: Administrative Attachment under state statute; federal and state tax refund intercept; the Passport Revocation Program; and U.S. Attorney enforcement.
003. ASSIGNMENT OF SUPPORT . Under current state statute, the right to support payments that become due while the person is receiving applicable public payments, aid, or assistance is assigned to the State of Nebraska. In certain circumstances, support payments that became due while a person was not receiving public assistance are also assigned. The State of Nebraska has elected not to waive its rights to such assigned arrears and accrued interest. The amount of arrears assigned to the State of Nebraska does not exceed the cumulative amount of unreimbursed assistance paid to the family.
003.01 PERMANENTLY ASSIGNED ARREARAGES. Support payments and interest accrued thereon are permanently assigned to the State of Nebraska when:
(A) Such support payments are or were assigned under an assignment of support rights in effect on or before September 30, 1997; or
(B) Such support payments accrued under an assignment entered into on or after October 1, 1997, while a family is or was receiving assistance.
003.02 TEMPORARILY AND CONDITIONALLY ASSIGNED ARREARAGES. Arrears which accrued prior to the family receiving assistance (pre-assistance) and which were assigned to the State of Nebraska after September 30, 1997 and before October 1, 2009 are temporarily assigned to the State of Nebraska. These arrears are not permanently assigned and the temporary assignment converts to a conditional assignment when the family leaves assistance. There is no temporary assignment of pre-assistance arrears for assignments that became effective on or after October 1, 2009. Conditionally assigned arrears which do not exceed the cumulative amount of unreimbursed assistance paid to the family as of the date the family leaves the assistance rolls are owed to the family unless they are collected through Federal Income Tax Refund Offset. If a conditionally assigned arrearage is collected through a Federal Income Tax Refund Offset, the collection is retained by the state to reimburse the state and the federal government up to the cumulative amount of unreimbursed assistance paid to the family. Collections of conditionally assigned arrearages by any other enforcement mechanism are paid to the appropriate court-ordered payee.
003.03 DISTRIBUTION OF SUPPORT COLLECTED IN FOSTER CARE CASES. Nebraska law operates as an assignment of support for certain persons receiving aid from child welfare funds. Amounts collected as support of behalf of children for whom the state is making foster care maintenance payments will be distributed as follows:
(A) Any amount that is collected in a month which represents payment on the required support obligation for that month shall be retained by the state to reimburse itself for foster care maintenance payments.
(B) If the amount collected is in excess of the monthly amount of the foster care maintenance payment but not more than the monthly support obligation, the excess will be paid to the state agency responsible for supervising the child's placement and care. The state agency will use the money in the manner it determines will serve the best interests of the child including:
(i) Setting aside amounts for the child's future needs; or
(ii) Making all or part of the amount available to the person responsible for meeting the child's daily needs to be used for the child's benefit.
(C) If the amount collected exceeds the amount required to be distributed under paragraphs (B)(i) and (B)(ii) of this section, but not the total unreimbursed foster care maintenance payments provided under Title IV-E of the Social Security Act or unreimbursed assistance payments provided under Title IV-A of the Social Security Act, the state shall retain the excess to reimburse itself for these payments. If past assistance or foster care maintenance payments are greater than the total support obligation owed, the maximum amount retained as reimbursement for such payments is the amount of such obligation. If amounts are collected which represent the required support obligation for periods prior to the first month in which the family received assistance under the IV-A plan or foster care maintenance payments under the IV-E plan, such amounts may be retained to reimburse the difference between such support obligation and such payments.
(D) Any balance shall be paid to the state agency responsible for supervising the child's placement and care and shall be used to serve the best interests of the child as specified in 003.0(B) of this section.
003.04 CURRENT SUPPORT. A support payment is considered current support only if the support was paid during the period it was due and only up to the amount specified in the order.
004. FEDERAL INCOME TAX OFFSET DISTRIBUTION . Any amounts collected through federal income tax offset represent an arrears collection and are applied to state debt first. Any amount above the state debt owed is distributed to the court-ordered payee for arrearages owed. Collections in excess of arrearages owed are returned to the obligor whose federal income tax refund was offset.
005. USE OF UNDISBURSED SUPPORT PAYMENTS CONSIDERED ABANDONED PROPERTY . Support payments received on or after December 23, 2001, that are unable to be disbursed or returned within three (3) years are considered abandoned property and are treated as program income for the Child Support Enforcement program.
006. CLAIMS AGAINST ABANDONED PAYMENTS . Abandoned support payments will be disbursed to a subsequently located payee or other designated recipient if the Department has verified the identity of the person and determined that the person has a legitimate claim to the payment.
007. INTERGOVERNMENTAL CASES . Nebraska processes both intergovernmental cases and in-state cases using the distribution formula specified by federal and state law. If Nebraska is the responding state, it collects and monitors support payments and forwards payments to the initiating state. If Nebraska is the initiating state, it distributes support payments within two (2) business days. If a responding state deducts any fees from a payment before forwarding the payment to Nebraska, the obligor will receive credit for the full payment amount.
008. STATE DISBURSEMENT UNIT AUTOMATED PROCEDURES AND ELECTRONIC PROCESSES . The State Disbursement Unit has automated procedures and electronic processes for the collection and disbursement of support payments. An individual may make a written request to the Department for an exception to the use of an automated procedure or electronic process. The request will be considered on an individual basis weighing factors such as disability, legal incapacity, and distance or other barrier to accessing a financial institution or automated teller. Exceptions are at the sole discretion of the Department and may be subject to periodic review. The decision of the Department is not appealable.
009. OBLIGEE ACCOUNT ACTIVITY SUMMARY . Obligees will receive a quarterly account activity summary statement from the Department. The statement will contain specific demographic, case, and payment information consistent with 45 CFR 302.54 and other applicable laws.
010. RECOVERY OF OVERPAYMENTS . The Department makes reasonable efforts to recoup support overpayments. Overpayments occur in a number of ways including, but are not limited to: a misdirected payment to the wrong payee; payment to a payee whose right to receive support or arrears has been assigned to the state; payments from intercepted tax refunds in error or owed back to the Internal Revenue Service (IRS) or the Nebraska Department of Revenue because of an amended tax return; or an erroneous payment based on an insufficient funds check; or a reversal of an electronic payment.
011. REQUEST FOR ADMINISTRATIVE REVIEW . A person who has received an overpayment may request an administrative hearing to appeal any administrative enforcement action taken to recover support overpayments. In order to suspend collection efforts, the overpaid party must send a written request for an administrative hearing to the Department within 10 calendar days of the date of notification of the overpayment. The overpaid party may request a hearing within 90 calendar days of the notification of overpayment, but collection efforts will continue. Hearings will be scheduled within 30 calendar days after receipt of a proper written request. Results of an administrative hearing will be sent within 15 calendar days of the hearing.
History
- Effective 2020-07-04
Chapter 12 Confidentiality and Safeguarding Information
Neb. Admin. Code tit. 466, ch. 12 Confidentiality and Safeguarding Information {#sec-466-nac-12 omnilex-key=us-ne-regs-official--title-466--466 NAC 12}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for cooperation with child support enforcement. This chapter relates to confidentiality and safeguarding information.
002. MAINTAINING CONFIDENTIALITY . Confidential information in a child support case is used only for the administration of the IV-D program or for specific purposes as provided by state or federal law. All support records are confidential and information contained in the support file is safeguarded to protect the privacy rights of the parties. For the purposes of this section, a support record includes all file records regardless of the format in which they are kept.
002.01 AUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION. Use or disclosure of information concerning custodial parties, noncustodial parties, non-parental relatives, or children associated with child support enforcement is limited to programs and purposes directly connected with:
(1) The administration of the Child Support Enforcement IV-D Program;
(2) The administration of IV-A, IV-B, IV-E, Supplemental Nutrition Assistance Program (SNAP) and Medicaid Programs including Tribal programs under IV-A, IV-B, IV-E, Supplemental Nutrition Assistance Program (SNAP) and Medicaid;
(3) Any investigation, prosecution, criminal proceeding, or civil proceeding conducted in connection with the administration of the programs identified in this section;
(4) The location of an individual in connection with known or suspected mental or physical injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of child support activity when circumstances indicate that the child's health or welfare is threatened;
(5) The location of an individual in connection with a parental kidnapping, child custody, or visitation case as specified in this title; or
(6) State or federal law which allows or requires disclosure.
002.01(A) DATA REQUESTS. Only authorized persons or entities are permitted to request data from the State Parent Locator Service or Federal Parent Locator Service for authorized purposes.
003. FAMILY VIOLENCE INDICATOR . Notwithstanding any other provision in this title, the Department has authority to place a family violence indicator in any case file when:
(A) There is a protective order, restraining order, or standing criminal restraining order in effect relating to one of the parties or a child; or
(B) When the Department has reason to believe that the release of the information may result in physical or emotional harm to a party.
003.01 RELEASE OF INFORMATION. When a family violence indicator has been placed in a case, no information may be released to any individual or entity concerning the whereabouts of the protected party or child.
004. RELEASE TO COURT . A court which has authority to issue an order against a noncustodial parent for the support and maintenance of a child, or to issue an order against a resident parent for child custody or visitation rights, or any agent of such court may request through a court order, information from a case file upon which a family violence indicator has been placed. The information will be delivered to the court. Upon receiving the information, the court shall determine whether disclosure to any other person could be harmful to the parent or child and, if the court determines that disclosure to any other person could be harmful, the court and its agents shall not make any such disclosure.
005. INTERNAL REVENUE SERVICE INFORMATION . The Department and its agents only use tax return information disclosed by the Internal Revenue Service (IRS) to the extent necessary to establish or collect a support obligation. This restriction also applies to other information received in any manner from the Internal Revenue Service (IRS). Internal Revenue Service (IRS) information is not disclosed outside the IV-D program unless independently verified or otherwise authorized in federal statute.
006. NEBRASKA DEPARTMENT OF REVENUE INFORMATION . The Department and its agents only use information disclosed by the Nebraska Department of Revenue to the extent necessary to establish or collect a child support obligation. Nebraska Department of Revenue information is not disclosed outside the IV-D program unless independently verified or otherwise authorized by applicable law.
007. STATE FINANCIAL INSTITUTION DATA MATCH AND MULTI-STATE FINANCIAL INSTITUTION DATA MATCH . The Department and its agents only use financial institution information disclosed through the State Financial Institution Data Match and Multi-State Financial Institution Data Match programs, to the extent necessary to enforce a support obligation. Financial institution information is not disclosed outside the IV-D program.
History
- Effective 2020-07-04
Chapter 13 Medical Support
Neb. Admin. Code tit. 466, ch. 13 Medical Support {#sec-466-nac-13 omnilex-key=us-ne-regs-official--title-466--466 NAC 13}
001. SCOPE AND AUTHORITY . Part D of Title IV of the Social Security Act and other federal laws and regulations set forth requirements for support enforcement. This chapter relates to medical support.
002. NATIONAL MEDICAL SUPPORT NOTICE . The Department uses a National Medical Support Notice as one means to enforce the provision of health care coverage for a child of parents who are required to provide health care coverage pursuant to a court order and for whom the employer is known unless a lawful exception exists.
002.01 NATIONAL MEDICAL SUPPORT NOTICE TIMEFRAMES. Within two (2) business days after the receipt of information regarding employment of an obligor in an IV-D case from the Directory of New Hires, the Department will send a National Medical Support Notice to the obligor’s employer. In an IV-D case, when employment information is obtained by the Department from sources other than the Directory of New Hires, a National Medical Support Notice will be sent to the obligor’s employer but the notice does not need to be sent within two (2) business days of receipt of the employment information.
002.02 EXCEPTIONS TO THE USE OF THE NATIONAL MEDICAL SUPPORT NOTICE. The Department may elect not to send a National Medical Support Notice when:
(A) A court or administrative order stipulates alternative health care coverage to employer-based coverage;
(B) Health care coverage is not available at reasonable cost;
(C) Health care coverage is not accessible; or
(D) Health care coverage is not available to the obligor at the time the employment information is received.
002.03 EMPLOYMENT-RELATED HEALTH CARE COVERAGE. The Department will send a National Medical Support Notice if the Department receives information that employment-related health care coverage becomes available to an obligated party through an existing employer unless a lawful exemption exists.
002.04 FAILURE TO TRANSMIT. The failure to transmit a National Medical Support Notice to an employer or organization within any prescribed period will not cause the National Medical Support Notice to be invalid.
002.05 REQUEST FOR ADMINISTRATIVE HEARING. The Department sends a copy of a National Medical Support Notice to the obligor by mail at the obligor’s last known address. Within 15 calendar days of the date of the notice, the obligor may request an administrative hearing to appeal the enforcement action based on evidence that:
(1) The obligor enrolled the child in an insurance plan providing coverage required by the order;
(2) The child's portion of the premium amount plus any amounts withheld under the Income Withholding Act exceeds the amount allowed to be withheld under the Consumer Credit Protection Act or is otherwise unreasonable;
(3) The obligor is not the person named in the court order; or
(4) The parties have stipulated to, and the court or administrative order specifically provides for an alternative to employer-based health care coverage.
002.05(A) TIMELY REQUEST FOR ADMINISTRATIVE HEARING. A request for hearing is considered timely if it is postmarked within 15 calendar days of the date of the notice.
002.05(B) NO STAY OF ENFORCEMENT ACTION PENDING HEARING. The enforcement action will not be stayed pending the outcome of the hearing.
002.05(C) HEARING. The hearing will be held within 15 calendar days after the request is received by the Department. The Department will notify the obligor of its decision within 15 calendar days after the date the hearing is held.
002.06 ENROLLMENT. Within 20 business days of receipt of a National Medical Support Notice, the employer must forward the National Medical Support Notice to the plan administrator for the appropriate group health care plan for which the child is eligible. The plan administrator must enroll the child specified in the notice within 20 business days of the date of the National Medical Support Notice. If the plan administrator determines that additional information is required before enrollment can be completed, the plan administrator must contact the Department within 20 business days of receipt of the National Medical Support Notice.
002.07 ENROLLMENT OF A DEPENDENT CHILD. The insurer must not deny enrollment of a child in health care coverage on the grounds that the child:
(A) Was born out of wedlock;
(B) Is not claimed as a dependent on the obligor’s federal income tax return;
(C) Does not reside with the obligor or in the insurer's service area; or
(D) Is eligible for medical assistance.
002.08 CANCELLATION OF HEALTH CARE COVERAGE. As long as the obligor is employed, the employer or insurer may not cancel or eliminate health care coverage for any child unless the employer or insurer receives written evidence that the order is no longer in effect or the child is or will be enrolled in comparable health care coverage elsewhere. The employer may not eliminate health care coverage for a child unless the employer eliminates family health insurance coverage for all of its employees.
002.09 INFORMATION AND CLAIMS. When a child has health care coverage provided by an obligor, the insurer must provide information to utilize health care coverage and to submit claims for covered services to the obligee. The obligee may permit a service provider to file claims with the health care provider. The insurer must make payment on valid claims submitted by the obligee, provider, or Department directly to the submitting person or agency.
003. CONFIDENTIALITY . The Department may provide the Social Security Number (SSN) of a child to insurers, health care plans, or the obligor for enrollment purposes if there is a court order requiring health care coverage. If there is no court order but the noncustodial party is willing to provide health care coverage, the Department may provide the Social Security Number (SSN) of a child directly to the insurer or health care plan.
History
- Effective 2020-07-04
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