466 Neb. Admin. Code, ch. 8, § 003

Current through June 17, 2024

Section 466-8-003 - 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.

003.01FREQUENCY 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.

466 Neb. Admin. Code, ch. 8, § 003

Amended effective 7/4/2020