LB 704 — Change provisions relating to the review and modification of an incarcerated parent’s child support order

LB704 LB704 2025 LEGISLATURELEGISLATIVE OFBILL NEBRASKA704 ONEApproved HUNDREDby NINTHthe LEGISLATUREGovernor FIRSTMay SESSION20, LEGISLATIVE2025 BILL 704 FINAL READING   Introduced by McKinney, 11;

Read  firstA timeBILL JanuaryFOR 22,AN 2025ACT Committee:relating to child support;

Judiciary A BILL FOR AN ACT relating to child support;

Be it enacted by the people of the State of Nebraska, -1- LB704 LB704 2025 Section 1.

Such substantial change in -2- LB704 LB704 2025 circumstances may include, but is not limited to, change in employment, earning capacity, or income or receipt of an ongoing source of income from a pension, gift, lottery winnings, casino winnings, parimutuel winnings, sports wagering winnings, or cash device winnings.

(3)(a) (3) Notwithstanding the time periods set forth in subdivision (1)(a)(1) (a) of this section, within fifteen business days of learning that a noncustodial parent will be incarcerated for more than one hundred eighty calendar days, the department shall initiate a review of the noncustodial parent's child support order.

The the department shall send notice by first-classfirst- class mail to both parents informing them of such review and require the parties to submit financial information as provided in sections 43-512.14 and 43-512.17 within thirty days after the date of the notice the right to request the state to review and, if appropriate, adjust the order.

43-512.13 (1)(a) (1) When review of a child support order pursuant to subsection (1) or (2) of section 43-512.12 has been requested by one -3- LB704 LB704 2025 of the parents or initiated by the Department of Health and Human Services, the department shall send notice of the pending review to each parent affected by the order at the parent's last-known mailing address thirty days before the review is conducted.

(b) Except as provided in subsection (2) of this section, after (2) After the department completes the review of the child support order in accordance -1- LB704 LB704 2025 with section 43-512.12, it shall send notice to each parent of the determination to refer or not refer the order to the county attorney or authorized attorney for filing of an application for modification of the order in the district court.

(2)(a) If, upon the completion of a review initiated pursuant to subsection (3) of section 43-512.12, the department finds a decrease in the amount of the present child support obligation is not warranted because it does not meet the criteria in subsection (1) or (2) of section 43-512.12, the department shall grant the incarcerated parent a -4- LB704 LB704 2025 conference to review the department's findings.

(e) A final determination under this subsection shall not be -5- LB704 LB704 2025 considered a contested case for purposes of the Administrative Procedure Act.

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