466 Neb. Admin. Code, ch. 10, § 003

Current through September 17, 2024

Section 466-10-003 - 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.

466 Neb. Admin. Code, ch. 10, § 003

Amended effective 7/4/2020