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§ 6-1504. Domestic relations cases.

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   (A) All applications for temporary custody, support, and maintenance shall comply with Nebraska statutes.

   (B) All applications for temporary support and allowances shall be determined without testimony upon argument and affidavits setting forth information required by Nebraska Child Support Guidelines and Nebraska statutes.

   (C) A properly completed Department of Health Bureau of Vital Statistics form shall be filed with each petition for dissolution of marriage, and no decree will be entered unless each form is completed in full.

   (D) If any case contains an order or judgment for child or spousal support, or for the payment of medical expenses, the order shall include the following statements:

   (1) Delinquent child or spousal support shall accrue interest at the following rate: (insert the rate in effect on judgments as published in the applicable issue of the Nebraska Advance Sheets).

   (2) If immediate income withholding is not required by law to be ordered in a case and is not so ordered, the following statement shall be included:

In the event the obligor fails to pay any child support, spousal support, or other payment ordered to be made through the clerk of the district court, as such failure is certified each month by said clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor shall be subject to income withholding and may be required to appear in court and show cause why such payment was not made. In the event the obligor fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (3) If, regardless of whether payments are in arrears, the court orders income withholding pursuant to Neb. Rev. Stat. § 43-1718.01 or § 43-1718.02, the statement specified in § 6-1504(D)(2) shall be altered to read as follows:

   In the event the obligor fails to pay any child, spousal support, or medical payment, as such failure is certified each month by the district court clerk in cases in which court-ordered support is delinquent in an amount equal to the support due and payable for a one-month period of time, the obligor may be required to appear in court and show cause why such payment was not made. In the event the obligor (respondent or petitioner) fails to pay and appear as ordered, a warrant shall be issued for his or her arrest.

   (E) Any order for support presented to the court shall require the obligor to furnish to the clerk of the court his or her address, telephone number, social security number, the name of his or her employer, and the name of his or her health insurance carrier, if any, together with the number of the policy and the address at which claims are to be submitted. The order shall further require the obligor to advise the clerk of any changes in such information until the judgment has been fully paid. If both parents are parties to the action, such order shall provide that each be required to furnish to the clerk of the court whether he or she has access to employer-related health insurance coverage and, if so, the health insurance policy information.

   (F) A worksheet showing calculations under the Nebraska Child Support Guidelines shall be attached to every child support application, order, or decree and shall be prepared by the party requesting child support, except that in a contested matter the worksheet shall be prepared by the court and attached to the order or decree.

Rule 4(D)(2) and (3) amended April 17, 1996; Rule 4(F) amended January 3, 1997; Rule 4 amended May 19, 2004; Rule 4(D) deleted and (4)(E)-(G) renumbered to (4)(D)-(F)). Renumbered and codified as § 6-1504, effective July 18, 2008.

Supreme Court Rules

This page was last modified on Friday, November 2, 2012