43-512.12 Title IV-D child support order; review by Department of Health and Human Services; when.
43-512.12. Title IV-Dchild support order; review by Department of Health and Human Services; when.(1) Childsupport orders in cases in which a party has applied for services under TitleIV-D of the federal Social Security Act, as amended, shall be reviewed bythe Department of Health and Human Services to determine whether to refersuch orders to the county attorney or authorized attorney for filing of anapplication for modification. An order shall be reviewed by the departmentupon its own initiative or at the request of either parent when such reviewis required by Title IV-D of the federal Social Security Act, as amended.After review the department shall refer an order to a county attorney or authorizedattorney when the verifiable financial information available to the departmentindicates:(a) The present child supportobligation varies from the Supreme Court child support guidelines pursuantto section 42-364.16 by more than the percentage, amount, or other criteriaestablished by Supreme Court rule, and the variation is due to financial circumstanceswhich have lasted at least three months and can reasonably be expected tolast for an additional six months; or(b) Health care coverage meetingthe requirements of subsection (2) of section 42-369 is available to eitherparty and the children do not have health care coverage other than the medicalassistance program under the Medical Assistance Act. Health care coverage cases may be modified within threeyears of entry of the order.(2) Orders that are not addressed undersubsection (1) of this section shall not be reviewed by the departmentif it has not been three years since the present child support obligationwas ordered unlessthe requesting party demonstrates a substantial change in circumstances that is expected to last for the applicable time periodestablished by subdivision (1)(a) of this section. Such substantial changein circumstances may include, but is not limited to, change in employment,earning capacity, or income or receipt of an ongoing source of income froma pension, gift, or lottery winnings. An order may be reviewedafter one year if the department's determination after the previous reviewwas not to refer to the county attorney or authorized attorney for filingof an application for modification because financial circumstances had notlasted or were not expected to last for the time periods established by subdivision (1)(a) of this section. SourceLaws 1991, LB 715, § 13; Laws 1993, LB 523, § 8; Laws 1996, LB 1044, § 163; Laws 1997, LB 307, § 64; Laws 1997, LB 752, § 99; Laws 2006, LB 1248, § 54; Laws 2009, LB288, § 10; Laws 2010, LB712, § 25.Operative Date: April 14, 2010