43-512.07. Assignment of child, spousal, or medical support payments; when; duration; notice; unpaid court-ordered support; how treated; pass-through amounts; how treated.

637 words·~3 min read·/ne/chapter-43/43-512-07

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(1)Any action, payment, aid, or assistance listed in this subsection shall constitute an assignment by operation of law to the Department of Health and Human Services of any right to spousal or medical support, when ordered by the court, and to child support, whether or not ordered by the court, which a person may have in his or her own behalf or on behalf of any other person for whom such person receives such payments, aid, or assistance:

(a)Application for and acceptance of one or more aid to dependent children payments by a parent, another relative, or a custodian;

(b)Receipt of aid by or on behalf of any dependent child as defined in section 43-504 ; or

(c)Receipt of aid from child welfare funds.

The assignment under this section is the right to support payments that become due while the person is receiving payments, aid, or assistance listed in this subsection. The department shall be entitled to retain such spousal or other support up to the amount of payments, aid, or assistance provided to a recipient. For purposes of this section, the right to receive child support shall belong to the child and the assignment shall be effective as to any such support even if the recipient of the payments, aid, or assistance is not the same as the payee of court-ordered support.

(2)After notification of the State Disbursement Unit receiving the child, spousal, or other support payments made pursuant to a court order that the person for whom such support is ordered is a recipient of payments, aid, or assistance listed in subsection

(1)of this section, the department shall also give notice to the payee named in the court order at his or her last-known address.

(3)Upon written or other notification from the department or from another state of such assignment of child, spousal, or other support payments, the State Disbursement Unit shall transmit the support payments received to the department or the other state without the requirement of a subsequent order by the court. The State Disbursement Unit shall continue to transmit the support payments for as long as the payments, aid, or assistance listed in subsection

(1)of this section continues.

(4)Any court-ordered child, spousal, or other support remaining unpaid for the months during which such payments, aid, or assistance was made shall constitute a debt and a continuing assignment at the termination of payments, aid, or assistance listed in subsection

(1)of this section, collectible by the department or other state as reimbursement for such payments, aid, or assistance. The continuing assignment shall only apply to support payments made during a calendar period which exceed the specific amount of support ordered for that period. When payments, aid, or assistance listed in subsection

(1)of this section have ceased and upon notice by the department or the other state, the State Disbursement Unit shall continue to transmit to the department or the other state any support payments received in excess of the amount of support ordered for that specific calendar period until notified by the department or the other state that the debt has been paid in full.

(5)Beginning July 1, 2027, the department shall pass through an amount not exceeding one hundred dollars per month, or in the case of a family with two or more children, an amount not exceeding two hundred dollars per month, to the recipient of any payments, aid, or assistance listed in subdivision (1)(a) of this section, from the current child support collected pursuant to the assignment. Such pass-through amounts shall not be considered income for the purpose of calculating a recipient's eligibility for assistance. The department shall disregard the amount of child support passed through to the recipient in calculating the amount of the recipient's monthly assistance payment.