42-364.06. Child support; withholding of earnings; court order.
The court shall enter an order as allowed by section 42-364.01 at the hearing on the application for such order, if it finds that it has jurisdiction of the employer and the earnings of the parent-employee, that the parent-employee is an employee as defined in section 42-364.11 of the employer, and that the parent-employee has not complied in full with the previous order of the court requiring such parent-employee to pay for the support of a minor child. Noncompliance with a child support order shall not be found if the child support payments are automatically withheld from the paycheck if (1) any delinquency or arrearage is solely caused by a disparity between the schedule of the regular pay dates and the scheduled date the child support is due, (2) the total amount of child support to be withheld from the paychecks and the amount ordered by the support order are the same on an annual basis, and (3) the automatic deductions for child support are continuous and occurring. Nothing shall prohibit the court from continuing the order to withhold and transmit after the parent-employee has become current on the court-ordered obligation to pay child support. In fixing the amount to be withheld by the employer from the parent-employee's nonexempt, disposable earnings, the court shall determine that amount of earnings which, if paid over a reasonable period, would satisfy in full the child support arrearage existing as of the time of the hearing and would satisfy each child support obligation to come due in the future as such came due and would satisfy over a reasonable period of time the attorney's fee awarded, if any, pursuant to section 42-364.07. The court shall set flat amounts to be withheld, or, if the parent-employee's pay varies substantially from pay period to pay period, it may set a percentage of the nonexempt, disposable earnings to be withheld.
Source
Structure Nebraska Revised Statutes
Chapter 42 - Households and Families
42-101 - Marriage a civil contract.
42-102 - Minimum age; affliction with venereal disease, disqualification.
42-103 - Marriages; when void.
42-104 - Solemnization; license; application; requirements.
42-105 - Marriage of minor; conditions upon which a license may be issued.
42-106 - License issued by county clerk; contents; marriage record; forms.
42-107 - License; issuance prohibited, when.
42-108 - Marriage ceremony; who may perform; return; contents.
42-109 - Ceremony; requirements.
42-110 - Marriage certificate; provided to parties; form.
42-114 - Want of jurisdiction; marriage not void, when.
42-116 - Marriage certificate and record as evidence.
42-117 - Marriage contracted out of state; when valid.
42-118 - Marriages; when voidable.
42-201 - Wife's separate property; not available for husband or his debts; exception.
42-202 - Married woman; capacity to contract; same as married man.
42-203 - Married woman; capacity to carry on business; earnings.
42-204 - Married woman; marriage solemnized out of state; property rights.
42-205 - Sections, how construed.
42-206 - Debts of wife contracted before marriage; husband not liable.
42-207 - Married woman; not bound by covenant in joint deed.
42-341 - Decree of another jurisdiction; no force or effect; when.
42-342 - Residence; prima facie evidence.
42-343 - Sections, how construed.
42-345 - Decree of divorce; prior to August 27, 1951; validity.
42-346 - Decree of divorce; validity.
42-348 - Proceedings; where brought; transfer of proceedings; orders; how treated.
42-349 - Dissolution; action; conditions.
42-350 - Legal separation; amendment of pleadings; when.
42-351 - County or district court; jurisdiction.
42-352 - Proceedings; complaint; filing; service.
42-355 - Defendant; proper service or appearance.
42-357 - Temporary and ex parte orders; violation; penalty.
42-358.01 - Delinquent support order payments; records.
42-358.03 - Permanent child support payments; failure to pay; work release program.
42-358.04 - Delinquent permanent child support payments; remarriage; effect.
42-358.05 - Child or spousal support; performance of decree; court powers.
42-358.06 - Delinquent permanent child or spousal support payments; lien.
42-358.07 - Clerk of the district court; nonperformance of duties; removal from office.
42-358.08 - Information regarding absent parent; duty to furnish; enforcement.
42-359 - Applications for spousal support or alimony; financial statements.
42-360 - Reconciliation; transfer of action; when; counseling; costs.
42-361 - Marriage irretrievably broken; findings; decree issued without hearing; when.
42-361.01 - Legal separation; findings.
42-362 - Spouse mentally ill; guardian ad litem; attorney; appointment; order for support.
42-364.01 - Child support; withholding of earnings; court; powers.
42-364.02 - Child support; withholding of earnings; application; who may file.
42-364.03 - Child support; withholding of earnings; hearing notice; interrogatories.
42-364.04 - Child support; withholding of earnings; service of documents.
42-364.05 - Child support; withholding of earnings; court; jurisdiction.
42-364.06 - Child support; withholding of earnings; court order.
42-364.07 - Child support; withholding of earnings; attorney's fee.
42-364.08 - Child support; withholding of earnings; limitations.
42-364.09 - Child support; withholding of earnings; priority.
42-364.11 - Child support; withholding of earnings; terms, defined.
42-364.13 - Support order; requirements.
42-364.14 - Parent-employee; consent to withholding of earnings; procedure.
42-364.15 - Enforcement of parenting time, visitation, or other access orders; procedure; costs.
42-364.16 - Child support guidelines; establishment; use.
42-364.18 - Individuals with disabilities; legislative findings.
42-365 - Decree; alimony; division of property; criteria; modification; revocation; termination.
42-366 - Property settlements; effect; enforcement; modification.
42-367 - Temporary allowance; costs; payment.
42-368 - Decree of separation; support order; modification; revocation.
42-370 - Contempt proceedings; attorney's fees; costs.
42-372.01 - Decree; when final.
42-372.02 - Decree; assignment of real estate; affidavit and certificate; filing.
42-372.03 - Legal separation decree; application to set aside decree.
42-373 - Annulments; procedure.
42-374 - Annulment; conditions.
42-375 - Annulments; persons under disability; who may bring action; denial, when.
42-376 - Doubted marriage; procedure.
42-377 - Legitimacy of children.
42-378 - Nullity of marriage; procedure; costs.
42-380 - Restoration of former name; procedure.
42-381 - Minor child; rights of parents.
42-402 - Children; when deemed legitimate.
42-403 - Marriages and divorces; void, when unlawful.
42-404 - Marriages; how contracted.
42-405 - Divorces; how obtained.
42-406 - Bigamy; when; penalty.
42-407 - Marriages; record of county judge; legal and competent evidence.
42-408 - Sections, how construed.
42-501 - Mortgage; procedure for authorization; limitation.
42-502 - Complaint; verification; service; guardian ad litem; costs.
42-603 - Property acquired; presumption.
42-617 - Property acquired, definition.
42-618 - Receipt, management, control, and disposition of property.
42-619 - Claims; limitation; affidavit asserting ownership; filing and recording.
42-703 - Tribunal of this state; support enforcement agency.
42-704 - Remedies cumulative; applicability of act.
42-704.01 - Application of act to resident of foreign country and foreign support proceeding.
42-705 - Basis for jurisdiction over nonresident.
42-706 - Continuing personal jurisdiction.
42-707 - Initiating and responding tribunal of this state.
42-708 - Simultaneous proceedings.
42-709 - Continuing, exclusive jurisdiction.
42-710 - Enforcement of support order by tribunal having continuing jurisdiction.
42-711 - Recognition of controlling child support order.
42-712 - Child support orders for two or more obligees.
42-713 - Credits for payments.
42-713.01 - Application of act to nonresident subject to personal jurisdiction.
42-713.02 - Continuing, exclusive jurisdiction to modify spousal support order.
42-714 - Proceedings under the Uniform Interstate Family Support Act.
42-715 - Action by minor parent.
42-716 - Application of law of this state.
42-717 - Duties of initiating tribunal.
42-718 - Duties and powers of responding tribunal.
42-719 - Inappropriate tribunal.
42-720 - Duties of support enforcement agency.
42-721 - Attorney General; powers.
42-723 - Duties of state information agency.
42-724 - Pleadings and accompanying documents.
42-725 - Nondisclosure of information in exceptional circumstances.
42-727 - Limited immunity of petitioner.
42-728 - Nonparentage as defense.
42-729 - Special rules of evidence and procedure.
42-730 - Communications between tribunals.
42-731 - Assistance with discovery.
42-732 - Receipt and disbursement of payments.
42-733 - Establishment of support order.
42-733.01 - Proceeding to determine parentage.
42-734 - Employer's receipt of income withholding order of another state.
42-734.01 - Employer's compliance with income withholding order of another state.
42-734.02 - Compliance with two or more income withholding orders.
42-734.03 - Immunity from civil liability.
42-734.04 - Penalties for noncompliance.
42-734.05 - Contest by obligor.
42-735 - Administrative enforcement of orders.
42-736 - Registration of order for enforcement.
42-737 - Procedure to register order for enforcement.
42-738 - Effect of registration for enforcement.
42-740 - Notice of registration of order.
42-741 - Procedure to contest validity or enforcement of registered support order.
42-742 - Contest of registration or enforcement.
42-744 - Procedure to register child support order of another state for modification.
42-745 - Effect of registration for modification.
42-746 - Modification of child support order of another state.
42-747 - Recognition of order modified in another state; enforcement.
42-747.02 - Notice to issuing tribunal of modification.
42-747.03 - Jurisdiction to modify child support order of foreign country.
42-747.04 - Procedure to register child support order of foreign country for modification.
42-748.06 - Registration of Convention support order.
42-748.07 - Contest of registered Convention support order.
42-748.08 - Recognition and enforcement of registered Convention support order.
42-748.09 - Partial enforcement.
42-748.10 - Foreign support agreement.
42-748.11 - Modification of Convention child support order.
42-748.12 - Personal information; limit on use.
42-748.13 - Record in original language; English translation.
42-749 - Grounds for rendition.
42-750 - Conditions of rendition.
42-751 - Uniformity of application and construction.
42-751.01 - Transitional provision.
42-801 - Purposes of sections.
42-803 - Applicability of law.
42-804 - County court and district court; jurisdiction.
42-805 - Designation of judge.
42-807 - Acting judge; appointment.
42-810 - Hearings; conferences; files; confidentiality.
42-811 - Controversy between spouses; jurisdiction of court.
42-812 - Petition; filing; effect.
42-815 - Forms; furnished by county; petitions; complaints; refer to court.
42-817 - Petition; hearing; notice; citation; compel attendance of witnesses.
42-818 - Hearing; time; place; objection; effect.
42-820 - Hearing; orders; effect; reconciliation agreement.
42-823 - Application for proceedings; minor child not involved; jurisdiction.
42-904 - Department; programs and services; duties.
42-905 - Comprehensive support services; enumerated.
42-906 - Support services; to whom provided.
42-907 - Emergency services; enumerated.
42-908 - Department; victim; diagnostic assessment; referral; followup.
42-909 - Department; victim; provide support services; plan of action.
42-910 - Department; services for children; enumerated.
42-911 - Department; victims; provide resource information.
42-912 - Department; develop client feedback; collect statistical data.
42-913 - Department; person who commits domestic abuse; programs and services.
42-914 - Department; domestic violence; develop educational curriculum.
42-915 - Department; families; develop community support systems.
42-916 - Department; family program; prevent generational continuation of abuse.
42-917 - Delivery of services; cooperation; coordination of programs.
42-918 - Contact with victims of spouse abuse and families; confidentiality; violation; penalty.
42-919 - Programs; administered independent of welfare assistance programs.
42-920 - Department; contract for services.
42-921 - Department; power to accept gifts, grants, devises, and bequests; use.
42-922 - Department; adopt rules and regulations.
42-924.01 - Protection order; filed, issued, and served without payment of costs; when.
42-924.02 - Protection order; forms provided; State Court Administrator; duties.
42-924.03 - Protection order granted to respondent; when.
42-927 - Law enforcement agencies; education and training programs.
42-928 - Protection order; restraining order; violation; arrest, when.
42-929 - Arrest; peace officer; duties; conditions of release.
42-931 - Foreign protection order; enforcement.
42-934 - Judicial enforcement of order.
42-935 - Nonjudicial enforcement of order.
42-936 - Registration of order.
42-939 - Uniformity of application and construction.
42-940 - Applicability of act.
42-1007 - Enforcement; void marriage.
42-1008 - Limitation of actions.
42-1009 - Application and construction.
42-1011 - Time of taking effect.
42-1103 - Qualified domestic relations order; requirements.
42-1104 - Order; payment of benefits; alternate payee.
42-1105 - Order; form of benefit payment.
42-1106 - Death of alternate payee; effect.
42-1107 - Order; surviving spouse; payment option.
42-1108 - Order; alternate payee; file with board; notice.
42-1109 - Rules and regulations.
42-1110 - Qualified domestic relations order; how determined; procedure.
42-1111 - Director; separate accounting required; when; investment authority.
42-1112 - Order filed prior to July 19, 1996; applicability.
42-1205 - Certification; forfeiture or cancellation; when.
42-1206 - Address or substitute address; use; when.
42-1207 - Early voting; authorized.
42-1208 - Secretary of State; use of substitute address; exceptions.
42-1209 - Program participants; application assistance.
42-1210 - Rules and regulations.
42-1301 - Transferred to section 30-701.
42-1302 - Transferred to section 30-702.