Text: HF00405 Text: HF00407 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 234.9 ASSIGNMENT OF SUPPORT –
1 2 PSYCHIATRIC MEDICAL INSTITUTION FOR CHILDREN.
1 3 1. A person entitled to periodic support payments pursuant
1 4 to an order or judgment entered in any action for support, who
1 5 also is or has a child receiving child welfare services
1 6 through a psychiatric medical institution for children, is
1 7 deemed to have assigned to the department current and accruing
1 8 support payments attributable to the child effective as of the
1 9 date the child begins receiving such services, to the extent
1 10 of expenditure of child welfare funds. The department shall
1 11 notify the clerk of the district court when a child entitled
1 12 to support payments is receiving child welfare services
1 13 through a psychiatric medical institution for children. Upon
1 14 notification by the department, the clerk of the district
1 15 court shall make a notation of the automatic assignment in the
1 16 judgment docket and lien index. The notation constitutes
1 17 constructive notice of assignment. The clerk of court shall
1 18 furnish the department with copies of all orders and decrees
1 19 awarding support when the child is receiving services through
1 20 a psychiatric medical institution for children.
1 21 2. At the time the child ceases to receive child welfare
1 22 services through the psychiatric medical institution for
1 23 children, the assignment of support shall be automatically
1 24 terminated. Unpaid support accrued under the assignment of
1 25 support rights during the time that the child was receiving
1 26 services remains due to the department up to the amount of
1 27 unreimbursed funds expended. The department shall notify the
1 28 clerk of court of the automatic termination of the assignment.
1 29 Unless otherwise specified in the support order, an equal and
1 30 proportionate share of any child support awarded shall be
1 31 presumed to be payable on behalf of each child subject to the
1 32 order or judgment for purposes of an assignment under this
1 33 section.
1 34 EXPLANATION
1 35 This bill provides for assignment of child support to the
2 1 department of human services for the costs of child welfare
2 2 services provided to the child through a psychiatric medical
2 3 institution for children. The bill directs the department to
2 4 notify the clerk of the district court when a child entitled
2 5 to support payments is receiving services through a
2 6 psychiatric medical institution for children. The bill
2 7 directs the clerk of the district court, upon notification by
2 8 the department, to make a notation of the automatic assignment
2 9 in the judgment docket and lien index. The notation
2 10 constitutes constructive notice of assignment. At the time
2 11 the child ceases to receive services, the assignment of
2 12 support is to be automatically terminated. Unpaid support
2 13 accrued under the assignment of support rights during the time
2 14 that the child was receiving services remains due to the
2 15 department up to the amount of unreimbursed funds expended.
2 16 The bill directs the department to notify the clerk of court
2 17 of the automatic termination of the assignment. Unless
2 18 otherwise specified in the support order, an equal and
2 19 proportionate share of any child support awarded is presumed
2 20 to be payable on behalf of each child subject to the order or
2 21 judgment for purposes of an assignment under the bill.
2 22 LSB 2712YH 80
2 23 pf/cl/14
Text: HF00405 Text: HF00407 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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