Neb. Rev. Stat. § 43-1734 Foreign Support Order; Validity; Prima Facie Evidence; Allowable Defenses

LibraryNebraska Revised Statutes
Edition2023
CurrencyCurrent with changes from the 2023 Legislative Session
Year2023
CitationNeb. Rev. Stat. § 43-1734

At any hearing contesting a proposed income withholding based on a foreign support order entered under section 43-1729, the entered order, the certified copy of an income withholding order or notice, if any, still in effect, and the sworn or certified statement concerning arrearages and any assignment of rights shall constitute prima facie evidence, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.

Once a prima facie case has been established, the obligor may raise only the following defenses:

(1) That withholding is not proper because of a mistake of fact, that is not res judicata, concerning matters such as an error in the amount of current support owed or the arrearage that has accrued, mistaken identity of the obligor, or error in the amount of income to be withheld;

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