The Uniform Interstate Family Support Act (UIFSA) represents model legislation required to be enacted by December 31, 1995, by each State. This legislation is designed to increase the efficiency and effectiveness of interstate child support enforcement.
Banks should be aware that the Nebraska Legislature has implemented the UIFSA in Nebraska through Neb.Rev.Stat. § 42-701 et seq., which became effective January 1, 1994. Of greatest significance to banks (in their capacity as employers) is § 42-734 which provides in relevant part, as follows:
An income withholding order issued in another state may be sent by or on behalf of the obligee or by the support enforcement agency to the person defined as the obligor’s employer under the Income Withholding for Child Support Act or §§ 42-347 to 42-381 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
Upon receipt of such an income-withholding order, a Nebraska employer must do all of the following:
Ordinarily, an order or judgment entered by a foreign court is not enforceable in Nebraska unless it has been registered in this state. However, the income-withholding orders described above need not be registered in Nebraska and are to be treated as if they were issued by a Nebraska Court.
Note that application of these sections of the UIFSA is limited in scope, in that they only apply to income-withholding orders (i.e., child support or spousal support) pertaining to individuals for whom the bank serves as “employer.”