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LEGAL DECISION MAKING & PARENTING TIME


46-441. Support payment clearinghouse; records transfer; payment; definition

A. The department shall establish a central support payment clearinghouse to receive, disburse and monitor support payments pursuant to title IV-D of the social security act.

B. Unless the court orders that support or maintenance be paid directly to the party entitled to receive it, all orders for support shall direct payment of support or maintenance through the support payment clearinghouse. All orders that specify payments through the clerk of the superior court shall be deemed to require payment to the support payment clearinghouse after a notice to the obligor is issued.

C. The clerk of the superior court shall provide copies of all payment histories and relevant legal documents pertaining to the issue of support.

D. On request the support payment clearinghouse shall promptly furnish to the person entitled to receive support or maintenance information on the current status of payments received and processed through the support payment clearinghouse.

E. Support payments and handling fees in an amount prescribed in section 25-510 for the monthly support handling fee shall be paid to the support payment clearinghouse. The director shall deposit, pursuant to sections 35-146 and 35-147, the handling fees received by the department in a child support enforcement administration fund.

F. If after reasonable efforts to locate the obligee the support payment clearinghouse is unable to deliver payments for the period prescribed in section 25-503 due to the failure of the person to whom the support has been ordered to be paid to notify the clerk or support payment clearinghouse of a change in address, the clerk or support payment clearinghouse shall not make further payment and shall return the payments to the obligor as prescribed in section 25-503.

G. The support payment clearinghouse shall have an accounting system for monitoring child support payments. The records of the support payment clearinghouse are prima facie evidence of payment or nonpayment of support.

H. Payment of any money directly to an obligee or to a person other than the support payment clearinghouse shall not be credited against the support obligation unless the direct payments were ordered by the court, or made pursuant to a written support agreement by the parties.

I. The support payment clearinghouse shall issue copies of payment histories for payments received and processed through the support payment clearinghouse on request and may charge a fee for these services.

J. For the purposes of this section "support" has the same meaning prescribed in section 25-500.


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