Deputy Public Defender Position
The Buffalo County Public Defender is seeking an applicant for
a Deputy Public Defender. Interested applicants can apply by sending a cover
letter and resume to the Buffalo County Public Defender at jwirth@buffalocounty.ne.gov
Job Description:
The Buffalo County Public
Defender's Office is seeking qualified applicants for a position as Deputy
Public Defender. The Buffalo County Public Defender's Office represents
indigent defendants in misdemeanor, felony, child support enforcement/establishment,
mental health board, and limited juvenile court capacities. Must have strong
client counseling and time-management skills, and be able to cultivate strong
professional relationships with county officials and judiciary.
Salary Range is $78,000 to $96,000
per year, depending on experience. Benefits include sick time, vacation, county
retirement and medical insurance.
Veteran's
preference will be given.
Assessor Calendar
| |
|
| Jan 01 |
Assessment of Real Property (Discovery, List, Value) 77-1301
|
| Jan 01 |
Assessment of Personal Property (Discovery, List, Value) 77-1201 |
| Jan 01 |
R R & Pub Serv req’d Report Non-Operating
Property to Assessor. 77-606 & 77-801 & Calendar
for Railroads & Public Service Entities. |
| Jan 01 |
Effective Date for Filing: Homestead Exemption Claimants MUST be (a) Owner of Record and (b) Occupy the homestead. (c) MUST be 65 or older.(d) Effective Date of Disability and Filing Status. 77-3502 77-3505 |
| Jan 15 |
Mobile Home Court Owner et al files Report w Assessor 77-3706 |
| Jan 31 |
Gov’l Subdivisions provide Assr Off w COPIES OF LEASES or descriptions of Leased property. 77-202.11
|
| Jan 31 |
Deadline for county Board of Equalization to petition the Tax Equalization & Review Commission for use of a different approach to value rent-restricted housing projects. (LB 356) 77-1333
|
| Feb 01 |
Assessor makes recommendations on permissive exemption applications Form 451. To Board of Equalization. Notice must be published in the paper, ten days prior to consideration of applications by the B O E that a list of organizations seeking permissive exemptions, legal descriptions, and Assessor
recommendations is available in the Assessor’s Office. 77-202.01 |
| Feb 01 |
Statements of Reaffirmation Form 451A do not need to be approved by the BOE only by Assessor. 77-202.01
|
| Feb 01 |
Assr issues notice of approval / denial Beginning Farmer Exemption Form 1027 77-5209.02 |
| Feb 01 |
Aircraft Report filed with Assessor. 77-1250.02
|
| Feb 01 |
Last day P.T.A. provide counties w Printed Claim Forms and Address Lists of prior year applicants. 77-3510
|
| Feb 01 |
First day for claimants to file NE Homestead Exemption App or Certification of Status. May fall on Feb 2 or 3 if Feb 1 is on Sat or Sun. 77-3512, 77-3513, 77-3514 |
| Feb 28 |
Seeking Separate Taxation of IOLL &
LAND File Form 402 Improvements on Leased Land Assessment Application 77-1376
|
| Mar 01 |
Certify to P.T.A whether or not Ag & Hort Land are influenced by prices outside of the typical ag-hort land market. REG 17-003.03
If Special Valuation is used, must file specific information w P.T.A.. REG 11-005.04
|
| Mar 01 |
Improvements owner on LEASED PUBLIC LAND may file Form 402P Improvements on Leased Public Land Assessment Application 77-1374
|
| Mar 01 |
ASSR notifies governmental subdivisions of intent to tax property not used for public purpose
and not paying an in lieu tax. 77-202.12
|
| Mar 01 |
PTA submits report of active TIF to the legislature see Research Reports on web site. 18-2117.01
|
| Mar 16 |
Deadline for written request for
Extension of Time from PTA to file the County
Abstract of Assessment
for Real Property (Form 45) and the AVU
Directive 09-1 & 77-1514
|
| Mar 19 |
Must inspect-review portion of real property parcels in county so that all real property parcels are
inspected-reviewed no less than every 6 years. March 19, 2014 completes first 6-Year cycle 77-1311.03
|
| Mar 19 |
Complete the County Abstract of Assessment for Real Property (Form 45) with the PTA (and the Assessed Value Update (AVU)) 77-1301
|
| Mar 19 |
Certify the County Abstract of Assessment for Real Property (Form 45) with the PTA (and the Assessed Value Update (AVU)) 77-1514
|
| Aft Mar 19 |
Overvaluation or Undervaluation. After March 19 and before July 25 (Aug 10 when extension) report to B.O.E. any overvalued or undervalued property. 77-1315.01
|
| Anytime |
Duty to report to BOE all real property omitted from the assessment roll for the current or any former year except when such real property has changed ownership otherwise than by will,
inheritance, or gift. 77-1317, 77-123, 77-124,
|
| Anytime |
Correct the tax rolls as provided in section 77-1613.02 for any real property listed on the Assessment roll but omitted from the tax
roll. 77-1316.01
|
| Anytime |
BOE may meet at any time for correction of clerical errors defined in 77-128. 77-1507 (Clerical error means transposition of numbers, mathematical error, computer malfunction causing programming and printing errors, data entry error, items of real property other than
land identified on the wrong parcel, incorrect ownership, or certification of an incorrect valuation
to political subdivisions.) 77-128
|
| Mar 25 |
Assessorr may submit written comments to P.T.A. that become part of R & O REG 17-003.04
|
| Apr 01 |
If homestead exemption notices mailed on or before Feb 01 did not contain all of The statutorily required information a 2nd notice must be sent on/before April 01. 77-3513, 77-3514
|
Apr 01
|
If homestead exemption notices mailed on or before February 1 did not contain all of The statutorily required information, a 2nd notice must be sent on or before April 1 77-3513 77-3514
|
Apr 01
|
Last day to send a RE-APPLY reminder to eligible previous year homestead Exemption
applicants. 77-3513, 77-3514
|
| May 01 |
First-1/2 Real & Personal Property Taxes for Prior Year become delinquent 77-204
|
| May 01 |
Deadline File Ne Personal Property Return & Schedule w/o penalty. 77-1229
|
| May 01 |
Deadline w Agreement, File Form 775P &/or Form 312P Claim for P P Exemption & supporting schedules 77-4105 (2)(c ) & 77-5725 (7)(c)
|
May 01
|
First ½ of real & personal property taxes for prior assessment year become delinquent If unpaid in counties with less than 100,000 population. 77-204
|
| May 01 |
Deadline Physician’s Certificate for LATE
Homestead Exemption filing FORM 458L In counties less than 100,000 population. 77-3512, 77-3513, 77-3514.01
|
| May 15 |
Last Day for T.E.R.C. to adjust the valuation
of a class/sub-class of real property. 77-5028
|
| May 30 |
Deadline TREA & ASSR file FORM 458X
amended homestead exemption summary Certificate for tax loss previous year (NOTE: 458X may be filed reflecting changes based on income ANYTIME up to 3 years after the exemption year.) 77-3523 and 77-3517
|
| May 31 |
School system of County Official may request
corrections to school adjusted valuation due to tax list corrections of the prior assessment year. 79-1016
|
| Jun 01 |
Assr publishes a notice in the newspaper CERTIFYING the (a) assessment roll is Complete, (b) notices of valuation changes have been mailed, and (c) stating the final date for filing protests with the B O E 77-1315
|
| Jun 01 |
Freeholder files petition with local board (Assessor, Treasurer & Clerk) to have school districts changed which is contiguous to that land. 79-458(1)
|
| Jun 1 - Jul25 |
B O E holds hearings to review property valuation PROTESTS 77-1502
|
| Jun 5
|
If T.E.R.C. ordered changes, Assessor re-Certifies the Abstract with PTA 77-5029
|
| Jun 6 |
Assr mails assessment sales ratio stats given
by TERC to media & posts in office. 77-1315
|
| Jun 15 |
Assr prepares a PLAN OF ASSESSMENT report for the next 3 years. 77-1311.02
|
| Jun 30 |
Deadline for filing Homestead Exemption App
or Certification Of Status, Form 458 77-3512
|
Jun 30
|
Deadline Late Application and Written Request B O E for Waiver of Late Filing for permissive
exemptions Forms 451 or 451A 77-202.01
|
| Jun 30 |
Deadline. SPECIAL VALUATION application Ag-Hort use. Form 456 77-1345
|
Jun 30
|
Deadline file property valuation protest with
County Clerk (for BOE) 77-1502
|
Jun 30
|
Deadline P P Valuation Protest Returns filed
Jan 1 thru May 1 with County Clerk 77-1502
|
Jun 30
|
Deadline. SPECIAL VALUATION application Ag-Hort use. Form 456 77-1345
|
| Jun 30 |
Last day to add Personal Property value with a 10% Penalty 77-1233.04
|
| Jul 01 |
Added Personal Property is subject to 25%
Penalty from this date forward. 77-1233.04
|
| Jul 15 |
ASSR approves-denies SPECIAL VALUATION apps; notifies applicant before July 22 77-1345.01
|
| Jul 20 |
If deadline extension granted by B O E, new
Deadline for filing Homestead Exemption App or Certification Of Status, Form 458 77-3512
|
| Jul 20 |
County Assr electronically certifies the County Personal Property Abstract Report to the P.T.A. (beginning 2016) (LB 259) 77-1514
|
| Jul 22 |
Assr notifies applicants of special
valuation of approval or disapproval 77-1345.01
|
Jul 22
|
BOE sends notice of value change on Special Valued land if no notice previously Sent by Assr prior to June 1.
|
| Jul 26 |
BOE petition T.E.R.C. for an adjustment to the valuation of a class/sub-class of property. (NOTE: If protest period extended, BOE waives right to petition.) 77-1504.01; 77-1502
|
| Jul26-Aug24
|
Taxpayer file appeal of BOE to T.E.R.C. 77-1510
(NOTE: may file appeal to T.E.R.C. on/before Sep 10 for extended counties)
|
| Jul 31 |
Last day ASSR send Notice of Rejection of Homestead Exemption Form 458R 77-3516
|
Jul 31
|
Assr files 3-Year Plan Of Assessment with the BOE 77-1311.02
|
Jul 31
|
Last day for Annexations Pol Subs for taxable value in current year. 13-509(NOTE: Annexation by
Pol Subs on/after Aug 1 considered next year
taxable)
|
| Aug 01 |
Last day FORWARD approved Homestead Exemption Application or Certification of Status, Form 458, with Disability Certifications, Form 458B, or Veterans Affairs Letters, and Form 458 Schedule I – Income Statements to Tax Commissioner. 77-3517
|
Aug 01
|
Assr reviews ownership & use of all cemetery real property and reports to BOE. 77-202.10
|
Aug 01
|
Last Day Pol Sub submit request for LEVY ALLOCATION to BOE or CITY. 77-3443
|
Aug 01
|
CITY or Community Redevelopment Authority (CRA) files NOTICE to Divide Tax For Comm Redevel Project (T I F) with the County Assr. 18-2147(3)
|
| Aug 01 |
PTA certifies to T.E.R.C. the ASSR implemented the equalization orders. 77-5029
|
| Aug 01 |
Tax Commissioner certifies Exempt P P for Employment & Investment Growth Act Form
775P and Nebraska Advantage Act Form
312P ; notifies Taxpayer and County Assessor. 77-4105; 77-5725(c)
|
| Aug 02 |
County Clerk mails notice of B O E decisions
to protestors. 77-1502(4)
|
| Aug 10 |
Last Day T.E.R.C. act on BOE petition.. 77-1504.01
|
| Aug 10 |
T.E.R.C. sets equalization rate for real property of Centrally Assessed Railroads and Public Service
Entities. 77-5022
|
| Aug 10 |
PTA certifies distributed taxable value of Centrally Assessed Property to Assessor. 77-5030
|
| Aug 15
|
Approved Freeholder Petition filed on/before June 1 of current year become Effective. 79-458(3)
|
Aug 15
|
ASSR approves/denies Homestead Exemption based on Ownership or Occupancy From Jan 1 through Aug 15 77-3502
|
Aug 15
|
Deadline for Homestead Exemption to file an Application for Transfer Form 458T 77-3509.01
|
| Aug 20
|
Certify taxable valuations & growth value to political subs. Certify current values For each T I F project to City or Community Redevelopment Authority (CRA) and to Treasurer 13-509; 13-518; 18-2148
|
| Aug 20
|
If T.E.R.C. orders changes for B O E petitions, ASSR re-certifies ABSTRACT (Form 45) to PTA 77-1504.01
|
| Aug 24
|
Last day taxpayer appeals B O E decision to T.E.R.C. 77-1510
|
| Aug 25 |
ASSR certifies School District Taxable Value Report to P.T.A.. 79-1016
|
| Aug 31
|
Annual Inventory County Personal Property in custody of Assessor 23-347
|
Sep 01
|
Second-1/2 Real & Personal Property Taxes for Prior Year become delinquent 77-204
|
Sep 01
|
After B O E value adjustments, Assr determines AVERAGE RESIDENTAL VALUE For homestead exemption and certifies the Homestead Exemption Certification of Average Assessed Value of Single-Family Residential Property Form 458V to PTA 77-3506.02
|
Sep 01
|
No LEVY allocation change after this date except by agreement by LEVYING Authority and Political
Subdivision. 77-3443
|
| Sep 10 |
Where B O E extended Protest Hearings, Last day Protestor appeal BOE decision to T.E.R.C 77-1510
|
| Sep 15 |
B O E last day for decision on Under or Over Valued Property 77-1504
|
| Sep 15 |
P.T.A. certifies the amount of Real Property TAX CREDIT to State Treasurer and to each county. 77-4212
|
| Sep 20 |
BUDGETS must be Final and Filed with the levying board and State Auditor. 13-508
|
| Sep 30 |
ASSR may amend the School District Taxable Value Report for corrections or errors 79-1016
|
| Sep 30 |
BOE publishes list of Permissive Exemptions and sends list and proof of publication To P.T.A. 77-202.03 (5)
|
| Oct 1 |
Rent-Restricted Housing Projects file INCOME &
EXPENSE STATEMENTSs and any Other Info requested by Assr with both Assr & Tax Commissioner. (LB 356). 77-1333
|
| Oct 1 |
Rent-Restricted Housing Projects file INCOME &
EXPENSE STATEMENTS and any Other Info requested by Assr with both Assr & Tax Commissioner. (LB 356). 77-1333
|
| Oct 9 |
Last Day for voter approval to exceed LEVY limits or final allocation at election or “town hall meeting.” 77-3444
|
| Oct 10 |
P.T.A. certifies the school adjusted valuations to
Dept of Ed, School systems, and County Assessors. 79-1016
|
| Oct 10 |
P.T.A.certifies the school adjusted valuations to
Dept of Ed, School systems, and County Assessors. 79-1016
|
| Oct 13 |
Political Subs forward resolution setting a tax request different from the prior year to County Clerk 77-1601.02
|
| Oct 15 |
LEVY DATE Last day
B O E to set tax rates/levies 77-1601
|
| Oct 15 |
Last Day taxpayer file B O E appeal to T.E.R.C. re under or over valued property 77-1504
|
| Oct 31 |
Assr submits 3-Year Plan and any Amendments to Dept of Revenue 77-1311.02
|
| Nov |
Rent-Restricted Hsg Projects Valuation Committee meets annually in November to Examine Rent-Restricted Hsg Projects statements & expense reports in order to Calculate a Market-derived Capitalization Rate. (LB 356) 77-1333
|
| Nov 1 |
Last Day Tax Comm certifies qualified Homestead Exemption income determinations to the County
Assessor. 77-3517
|
| Nov 5 |
Last Day B O E correct levies/tax rates as a result
of clerical error. 77-1601
|
| Nov 10 |
Deadline school sys file appeal with Tax Comm
for the School Adjusted Value Certified for use in the school aid formula. 79-1016
|
Nov 10
|
School Dis or County Off deadline file written
request w Tax Comm correction school adjust
value due to clerical error or SPECIAL
VALUATION ADDITIONS 79-1016 |
| Nov 15
|
Deadline. EXEMPT TO EXEMPT. For an org to file a permissive exempt application For property it purchased between July 1 and levy date previously exempt. 77-202.03
|
| Nov 22 |
Deliver Signed WARRANT For Collection Of Taxes To Treasurer having completed the tax list for real and personal property. 77-1616
|
| Nov 30 |
Deadline ASSR & TREA certify to P.T.A. Homestead Exemption Summary Certificate Form
458S for tax loss due to homestead exemptions for the current tax year.(Both signatures required) 77-3523
|
| Nov 30 |
Deadline for ASSR & TREA certify electronically the Personal Property Tax Loss Summary Certificate for personal property exemption for locally assessed property(beginning 2016) (LB 259) 77-1239
|
| Dec 01 |
Assr files Certificate of Taxes Levied (CTL)
with P.T.A. 77-1613.01
|
| Dec 01 |
City or CRA (Community Redevelopment Authority) files report with P.T.A. for approved tax
increment financing projects (T I F) 18-2117.01
|
| Dec 01 |
Last day Property Tax Administrator (P.T.A.)
forwards copy of Rent-Restricted Housing Projects annual report by the Valuation Committee to ASSR for Cap Rate In determining value of rent-restricted
housing projects. (LB 356) 77-1333
|
| Dec 01 |
Deadline for ASSR to ensure sales data in state sales file is accurate and all sales Are included. Directive 12-05 |
| Dec 31 |
Real Property & Personal Property Taxes Due – LIEN DATE 77-203
|
| Dec 31 |
Permissive Exemption Application deadline For newly acquired property or in years divisible by four, file Exemption Application Form 451
For interim years, file Exemption Application Form 451A
For example: File Form 451A by Dec 31, 2014 to
reaffirm for assesssmt year 2015 File Form 451 by Dec 31, 2015 to apply for assessmt year 2016 (which is divisible by 4) 77-202.01; 77-202.03
|
| Dec 31 |
Deadline. Form 1027 Exemption App Qual Beginning Farmer / Livestock Producer Must be filed with Assr on-before Dec 31 in the year preceeding year applied for.Exemption is for
Personal Property tax on ag-hort machinery & equipment. 77-202.01; 77-5208; 77-5209.02
|
Dec 31
|
Deadline for taxpayer/owner to file Vacant or
Unimproved Lot Application, Form 191To elect to have 2 or more lots held for sale/resale to be treated as one parcel for Property tax purposes. 77-132
|
Dec 31
|
Owner petition T.E.R.C. determine taxable status of real property – if a failure to give proper notice prevented the timely filing of a protest or appeal for exempt property.
|
Dec 31
|
Last Day for Tax Commissioner to review income and other information for the third Preceding year and take any action. 77-3517
|
| May 01 & Sept 01 |
First 1 / 2 and 2nd 1 / 2, Real and Personal Property Taxes for prior assessment year Sept 01 become delinquent, if unpaid, in counties with a population less than 100,000 pop’n. 77-204
|
Your Day in Court
Several different types of cases involving paternity and/or child support are handled by the Buffalo County Attorney’s Child Support Services office. Often these cases will be scheduled for trial or other court hearing. Your attendance may be required at one of the hearings. This section is designed to provide parties and other court witnesses with basic information about appearing in court. Additional information may be provided to you by your attorney, if you have one, or a member of our office who is assigned to your case.
Notice of court hearings
If you are required or requested to appear for trial or other court hearing you will typically receive notice of the hearing one or two weeks ahead of time. Occasionally you will be notified closer to the hearing date, if, for instance, the court has only given our office a short notice of the trial date. Paternity and child support cases are typically heard on only two days each month (typically Wednesdays and Thursdays). Scheduling of your hearing is limited to the available dates given to us by our court.
Types of hearings
Over 80 percent of child support related court hearings fall into one of three categories:
- Paternity establishment;
- Orders to Show Cause, also known as “contempt” hearings; or
- Child support modifications
The court also hears requests to appoint counsel for indigent parties, as well as requests to suspend or reinstate child support. Other issues may be addressed by the court as needed.
Length of Hearings
Up to twenty court hearings are typically scheduled each day before the child support referee, who is the hearing officer appointed by the district judges to receive evidence and make final recommendations to the district judge. The length of hearings ranges from ten minutes to the better part of a day, in more complicated cases. Most hearings take less than one hour to complete. Occasionally hearings will be recessed or “continued” until another date, when the court’s schedule or other factors dictate. Court hearings are scheduled between 9 am and 3 pm.
It is a good idea to bring a book or magazine with you, as sometimes court hearings run late, and you may have to wait for your hearing to be called. Every attempt is made to minimize the chances of this happening, but delays can happen due to unforeseen circumstances.
Do not bring children
Do not bring small children to court! Silence must be observed by all spectators when in court, and for this reason children are generally not permitted inside a courtroom. Our courthouse does not have child care facilities or anyone to watch your children. Please make arrangements for the care of your children while you are in court.
Turn off cellphones
Please be sure your cell phones and electronic devices are OFF or silenced when in the courtroom. A device that causes a disruption of court activity may be confiscated and its owner may be found in contempt of court.
We do not represent you
The Buffalo County Attorney’s office is prohibited by law from representing any private citizen. Our attorneys and staff work on behalf of the “State of Nebraska.” You may hire your own attorney to represent you in court if you wish, or you may choose to represent yourself. If you do hire an attorney, make sure to inform the child support services office as soon possible of this fact.
What to wear for court
Courtrooms are formal places, and you are expected to dress accordingly. Please be neat and clean. While no one expects you to purchase new clothes for court, be advised that T-shirts, halter tops, frayed shorts, flip-flops and similar attire are not considered respectable courtroom attire, and you may be sent home to change clothing, delaying your hearing. Men must remove hats/caps before entering the courtroom.
What to bring to court
Please be on time for your court hearing. Otherwise other cases may “leap frog” ahead of your case.
In general, you should bring any witnesses or documents you believe are needed to prove your case.
If you are a custodial parent appearing for a paternity trial, you should bring proof of your income both at present as well as for any previous times where you are seeking “retroactive” child support. Any correspondence you have from the other parent, discussing your child or financial issues would be valuable to bring to court. You might want to discuss this in more detail with our office before coming to court.
If you owe child support, and are appearing to answer to an “order to show cause,” you should consider bringing all documentation available to you in support of your position. If you claim a medical condition that prevents or interferes with your ability to work full time, for example, bring all related documents from your treating physician, the social security office, or the like. This type of information might also be useful for noncustodial parents in new paternity cases, as you will be asked to detail your earning capacity for the purpose of setting a child support award.
If you are applying for a court appointed attorney (only noncustodial parents and alleged fathers may apply for court appointed attorneys) you should consider bringing your most recent federal tax return, a recent pay stub, and any other financial documentation to substantiate that you are unable to afford the services of a private attorney.
What happens in court
The court always tries to resolve all issues presented to it in one hearing. Coming to court prepared minimizes the chance that you will have to come back at a later date to finish the hearing.
In a paternity case, the court will be asked to make a finding that the man named in the lawsuit as the biological father of the minor child(ren) is in fact the biological father. Additionally, the court will be asked to set an award of child support and health insurance. If the custodial parent requests it, the court will also address child care costs. The court is additionally asked to order the noncustodial parent to pay the court costs and fees of the case.
In orders to show cause the parent who is ordered to pay child support must produce evidence to try to satisfy the judge that he or she is doing the best that they can to pay the child support in full and on time each month. When child support is delinquent the court wants to know why one parent is disobeying the court order. If the court finds that the parent who is supposed to pay support is not paying as ordered, and that the failure to pay is willful and contumacious (stubbornly disobedient), the court will impose sanctions to try to guarantee that support will be paid on time in the future, and that the child support arrears will also be paid off. Civil sanctions include the possibility of up to 180 days in jail.
In a modification hearing, the court will hear evidence from all sides to determine whether the current amount of child support is either too high or too low under the present circumstances of each parent. The parents will present evidence of their income or earning capacity and the court will decide the issue using Nebraska’s child support guidelines.
Closed hearings
Under Nebraska law all court hearings are open to the public, except for paternity establishment hearings. Occasionally, a hearing may be closed to the public due to the age of the parents.
What happens if you do not show up for court
If you are subpoenaed for court, you must appear. A warrant for your arrest may follow if you do not.
If the child support services office asks you to appear, it is important to do so. If you must reschedule a court date, it is very important that you talk to the child support office as far in advance of your trial date as possible. A failure of a custodial parent to appear may result in dismissal of a paternity case against the other parent. A party who is asking to have child support modified in their favor (increased for custodial parents or decreased if you are a noncustodial parent) may see their modification efforts fail if they do not show up for court. The county attorney’s deputy cannot testify in your place. Generally, if you are requesting the court to provide you with any sort of benefit, you need to show up and make your case to the court.
In some interstate cases it may be possible to arrange for telephonic testimony from a party who lives in another state. You will be advised of this possibility if you qualify for this type of testimony.
A special exception to these rules applies for active duty members of the U.S. Armed Services. Please advise our office if you are serving on active duty with the military.
The court order
In most cases you will receive a copy of your court order in the mail about 1-2 weeks following your hearing. In more complicated cases the referee may take the matter “under advisement” and issue written recommendations to the district judge at a later date, after which you will receive your copy within a few days of the issuance of the order.
Appeals
Your order will take effect 14 days after it is signed by the court, unless you or one of the other parties “take exception,” which is the technical term for an appeal. If an exception is taken, the party unhappy with the terms of the order has the burden of showing that the order contains one or more significant errors. On appeal the party who takes exception must provide the district court with a written transcript from the hearing that lead to the order they are appealing. Appeals typically take several months to be heard and decided.
Domestic Violence
Purpose:
This Division seeks protection for victims of violence in intimate relationships through aggressive and consistent prosecution of offenders.
The Buffalo County Attorney recognizes the importance of communicating and cooperating with law enforcement and other public and private community agencies that provide services to families, victims, and perpetrators of domestic violence. A specialized Domestic Violence Prosecution Unit, in coordination with other community agencies, provides the best opportunity to achieve the following goals:
- To stop the violence.
- To protect the victim from additional acts of violence committed by the Defendant.
- To protect the children or other family members from exposure to, or possible injury from, domestic violence.
- To provide restitution to the victims.
- To hold the offender accountable for their violent conduct.
Policy:
The State of Nebraska has a critical interest in reducing the number of incidents of domestic violence and increasing the number of positive results in domestic violence prosecutions.
It is the position of the Buffalo County Attorney that the aggressive prosecution of domestic violence is necessary to protect victims and future victims of domestic violence.
Resources and Information
IF YOU OR SOMEONE YOU KNOW NEEDS HELP, CALL:
NATIONAL DOMESTIC VIOLENCE HOTLINE
(800) 799-7233
NATIONAL SEXUAL ASSAULT HOTLINE
(800) 656-4673
NEBRASKA DOMESTIC VIOLENCE/SEXUAL ASSAULT HOTLINE
(800) 876-6238
LINEA DE CRISIS EN NEBRASKA (EN ESPANOL)
(877) 215-0167
DO NOT USE E-MAIL TO REPORT CASES OF ABUSE.
IF THERE IS AN EMERGENCY CALL LOCAL LAW ENFORCEMENT IMMEDIATELY.
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The S.A.F.E. Center
(The Spouse/Sexual Abuse Family Education Center)
3710 Central Avenue, Suite 10
Kearney, NE 68847
(308) 237-2599
(877) 237-2513
http://www.safecenter.org
All Services are Free & Confidential
24-hour Crisis Line
Crisis Support
Emergency Shelter
Support Groups
Supportive Atmosphere
Liaison with Community Agencies
Public Education Presentations
Protection Order Advocacy
Information & Referrals for:
Counseling, Housing, Legal Alternatives,
Emergency Assistance and much more!
Follow-up contact
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Breaking the Silence: Information for Victims of Intimate Violence
A Victim’s Guide to the Nebraska Criminal Justice System
VINE (Victim Information and Notification Everyday)
VINE is a free automated service that monitors the custody status of adult inmates in all county jails and state prisons. You can arrange to receive telephone and e-mail notification when an offender’s custody status changes. Updated information is available 24 hours a day. VINE is available in English and Spanish and supported by 24-hour operator assistance.
The Nebraska VINE service is provided by the Nebraska Sheriff’s Association, Nebraska Domestic Violence Sexual Assault Coalition, Nebraska Coalition for Victims of Crime, Nebraska County Attorneys’ Association, Nebraska Department of Correctional Services, Nebraska Crime Commission and CJIS Advisory Committee.
NEBRASKA VINE NUMBER: 877-NE 4 VINE or (877) 634-8463.
Register or Find an Offender Online at www.vinelink.com
A Summary of Nebraska’s Legal System
Other Resources
Nebraska Department of Health and Human Services
Nebraska Domestic Violence/Sexual Assault Coalition (NDVSAC) and Hotline
Brochure
(800) 876-6238
National Domestic Violence Hotline
(800) 799-SAFE (800-799-7233)
US Department of Justice
Violence Against Women Website
Minnesota Center Against Violence and Abuse
National Organization for Victim Assistance
800-TRY-NOVA (800-879-6682)
National Victim Center
800-FYI-CALL (800-394-2255)
National Center for the Prosecution of Violence Against Women
National Center for Victims of Crime
Child Support
Please understand, the Division represents the State of Nebraska. We cannot represent people who owe child support, nor give legal advice, nor assist you in selecting an attorney. Consult your local yellow pages or other resources for attorneys who practice in this field.
Purpose:
The Child Support Enforcement Division prosecutes individuals civilly for payment of their child support obligations. Under appropriate circumstances, the Buffalo County Attorney's Office criminally prosecutes non-payers of child support.
Nebraska has centralized child support collection and disbursement. All child support payments must be sent to the Nebraska Child Support Payment Center to ensure prompt processing:
Nebraska Child Support Payment Center
P.O. Box 82600
Lincoln, NE 68501-2600
Or online at www.nebraskachildsupport.com.
The Nebraska Child Support Call Center is your source for information and the latest updates about your child support case: (877) 631-9973.
Requests for review and modification of child support orders at least three years old may be made to Nebraska Department of Health and Human Services at (800) 831-4573. If calling from outside Nebraska, call (402) 471-9103. Or online at www.dhhs.ne.gov/cse/cseindex.htm.
Businesses which are under court order to withhold child support and/or spousal support payment from the payroll of their employees should send payments to:
Nebraska Child Support Payment Center
P.O. Box 82890
Lincoln, NE 68501-2890
About Child Support Enforcement:
The Nebraska Child Support Enforcement (CSE) Program is designed to locate non-custodial parents and obtain financial support for their children. The Nebraska CSE Program is administered by the Nebraska Department of Health and Human Services. CSE provides the following services:
- Locate non-custodial parents
- Establish paternity
- Establish and enforce medical support
- Enforce and collect support payments
All parents with minor children who would like child support services are eligible. The CSE Program works closely with these agencies:
- Nebraska Department of Administrative Services
- Internal Revenue Service (IRS)
- Nebraska Department of Revenue
- District and County Courts
- Nebraska Department of Labor
- Nebraska Department of Motor Vehicles
- Federal Parent Locator Service
- Sheriffs
- Child Support agencies in all states
- Federal Office of Child Support Enforcement
- Credit Reporting Agencies
- Nebraska Payment Center
The same location resources and services are available in all states. Interstate cases are more difficult and generally take longer. However, with new federal legislation and more computer links between states, interstate enforcement of child support is improving.
If you are ordered to pay child support:
- All payments must be made to:
Nebraska Child Support Payment Center
P.O. Box 82600
Lincoln, NE 68501-2600
- If you pay the other party directly, you may not receive credit for the payment.
- Child support payments are due on the first of each month and are delinquent the next day. Interest is charged on the delinquent amount after 30 days.
- Income withholding will be implemented in all cases involving child support whether there is delinquency or not (including unemployment withholding).
- You MUST pay child support regardless of custody or visitation issues.
- Health insurance MUST be provided for the child(ren) if ordered by the Court.
- If you have more than one order or judgment, your payments will be allocated between them. You cannot select which obligation to pay.
- Not paying child support can result in:
- State and Federal Income Tax Intercepts
- Drivers License Suspension
- Suspend Professional Licenses
- Suspend Eligibility For Hunting and Fishing Licenses
- A Report to Credit Agencies
- Denial of Your Passport
- Lottery Prize Intercept
- Liens/Seizure of Property
- Seizure of Bank Accounts
- Criminal Charges
- Jail
If you are ordered to receive child support:
- You can apply for child support services by contacting your local Health and Human Services office or County Attorney.
- If you or your child(ren) are receiving Temporary Assistance for Needy Families (TANF) payments, the child support will be assigned to the State of Nebraska.
- DO NOT accept child support payments directly from the non-custodial parent. All payments must be made through the Nebraska Child Support Payment Center in order to be properly credited.
- If the non-custodial parent has more than one order or judgment, all payments received will be allocated proportionately between them.
- Your court order may contain language prohibiting you from removing the child(ren) from the State without the Court’s consent. It is your responsibility to know what the Court’s order says and to comply with it. Failing to do so may result in the suspension or termination of child support.
- Visitation cannot be withheld for non-payment of child support. Withholding visitation can:
- Affect your child’s well-being
- Result in a finding of contempt of court
- Put you in jail
Did you know…?
- Child support is due through the month that the child turns 19.
- Employers who fail to comply with incoming withholding notices or who punish or dismiss employees as a result of income withholding are subject to legal action.
- The County Attorney (or authorized attorney) represents the State and the best interests of the child. No client/attorney relationship exists.
- Either party in an action for child support can request that the case be reviewed for possible modification every three years by contacting Health and Human Services, Child Support Enforcement, Review and Modification Unit at (800) 831-4573.
- Establishing paternity enables your child(ren) to have access to important family medical history as well and financial and emotional support.
If you need further assistance or have questions regarding Child Support Enforcement, contact your local County Attorney or call the Nebraska Child Support Customer Service Call Center at (877) 631-9973. Or write to:
HHS-CSE
P.O. Box 94728
Lincoln, NE 68509
www.hhs.state.ne.us/cse/cseindex.htm.
Child Support Enforcement FAQ
Do you charge for your services?
There is a $25.00 annual fee for child support enforcement services, but you will not be billed or asked to pay the fee directly. Instead, the fee is collected out of child support payments made by the person owing the child support. The fee is collected in cases where at least $500.00 per fiscal year (Oct. 1-Sept. 30) in child support is collected. Under no circumstances will parents who are receiving state aid be required to pay a service fee.
What services do you offer?
We offer paternity establishment services, as well as enforcement services for existing child support, spousal support, and medical support orders.
Must I live in Buffalo County to make use of your services?
If you are a Nebraska resident applying for paternity services, you should contact the child support office in the county where you live. That would typically be your local County Attorney’s Office. If you live in Buffalo County, contact us at the address above. If, on the other hand, you live in another county and have a support order already existing, you should contact the child support office in the county where that order exists, even if you have moved to another county since then. If you child support order comes from another state, you may either work through your local county child support office, or contact the child support office in the other state directly.
Do you handle custody or visitation issues?
No. State law prohibits us from assisting on these issues. You should contact private counsel to assist you, or contact Legal Aid of Nebraska to see if you qualify for their services. Some employers offer legal insurance plans, much like medical insurance, so check to see if your employer offers such assistance.
I was previously ordered to pay child support, but now my child lives with me. Can you stop my child support order, and help me get a new one where the other parent pays me instead?
Only a court can legally change an existing child custody order. Courts determine what is in the “best interests” of the child when they issue a custody order, and parents cannot agree between themselves to override a judicial determination. A child support enforcement office is not authorized to become involved with custody determination issues. You should consult a private attorney to assist you.
The other parent of my children has a violent temper, and has threatened to hurt me and/or our children if I pursue them for child support. What can you do to help me?
We are very aware that many couples separate because of domestic violence issues. Your safety, and the safety of your children, is our #1 concern. Everyone who applies for child support or paternity services, whether through an HHS caseworker or directly with our office, will be asked about this potential problem. If you tell us you are concerned about the potential for family violence, we will give your case special treatment. Each case is handled on its own set of facts. A decision may even be made not to pursue the other parent due to the threat of his or her becoming abusive to you or your children.
If you have immediate concerns about possible violence to you or your children, we urge you to call 911. Otherwise, contact the SAFE Center.
I already have an existing child support order, but now the noncustodial parent is making much more money. Can my support order be modified to have the other parent pay me more support?
Yes. Whenever (1) there is a material change in financial circumstances of a parent who is ordered to pay support, (2) the change of financial circumstances was unforeseen at the time your support order was entered, (3) the change in circumstances has lasted at least three months, and is expected to last at least six additional months, and (4) the modification request is processed through the HHS Review & Modification office, your support order may qualify for modification. A “material change in financial circumstances” usually means an increase or decrease of support by at least 10% but not less than $25.00. If you (or the other parent) continue to live in Nebraska, and if your order is at least 3 years old, you may ask the State to process your request for a modification free of charge. Contact the HHS Review & Modification office at (800) 831-4573 for more information, or see Creating or Changing a Court Order. If your order is less than three years old, or if neither parent continues to reside in Nebraska, you would be responsible for pursuing your modification request on your own, with your own attorney. See the Nebraska Child Support Guidelines for more information.
I am ordered to pay child support, but I no longer earn as much as I used to, and I have been unable to find similar employment that pays as much as my old job. Can I get my child support reduced on account of my earning less now?
Possibly. Child support can be modified either upward or downward if the circumstances justify it. Generally, child support may not be reduced unless the parent who is ordered to pay support suffers a long-term reduction in their earning capacity or income through no fault of their own. Examples of this would include corporate downsizing, the elimination of specialized work that cannot easily be replaced at the same pay level, or a medical disability or injury that occurs to the parent who pays support. Incarceration is, by itself, usually not considered to be valid grounds for a reduction in child support.
If you believe you qualify for a support reduction, and want to expedite the matter, you should contact a private attorney to assist you in your efforts. Otherwise, you (or the other parent) may contact the HHS Review & Modification office at (800) 831-4573 for further assistance free of charge.
How long does it take to have a support order modified?
Every case is unique, but from the time contact with the HHS Review & Modification office is initiated until the time that the court has a final hearing on a request to modify child support of child support, nine to 12 months may pass. Typically the first three to four months of the time is taken up in the HHS review process. If the case meets a preliminary finding that a modification is appropriate, the request will be transferred by HHS to the local child support office for further review, and the possible filing of a complaint to modify support. Depending upon any delays in obtaining court service of process on the other parent, delays caused by legal motions or court scheduling issues, the modification case should be ready for trial and decision about four to six months after it is filed.
Why can I not call your office directly to discuss my case?
Several years ago Nebraska, like all 50 states, went to a centralized customer call center. This center is staffed by highly trained personnel who are able to immediately answer or assist about 90% of all callers. Most calls are of a “routine” nature, such as checking to see if payments have been credited, wanting to confirm court hearing dates, providing a change of address, employer or phone number. Whenever necessary, the call center will electronically contact a local child support office with a customer concern that needs additional attention. Some of those calls do lead to phone contact between local staff and our customers. By answering 90% of caller questions, the call center frees up valuable time for the local child support workers to perform their duties on an uninterrupted basis, adding to their productivity. It is a “win-win” arrangement for everyone. Call the Child Support Call Center at (877) 631-9973, or the HHS Review & Modification office at (800) 831-4573.
My case is classified as “Interstate” in nature, because I live in a different state from the other parent. Does this mean that I will not be able to get the help I need?
No, definitely not. It is true that interstate cases often take longer to work successfully than cases where everyone still lives locally. About 15-20% of our caseload is interstate. In most of those cases our staff will need to work with other child support offices, sometimes in more than one other state, in order to secure the cooperation necessary to establish a new support order, or enforce an existing order. The extra “hoops” that must be jumped through mean that legal actions do take longer to complete. We have found that many other child support offices are overstretched in terms of personnel and funding, and thus are unable to assist us as quickly as they might like. In addition, sometimes when parents leave one state they move in order to evade their child support orders. Some people become very good at hiding from law enforcement. Fortunately, our tools for finding them continue to get better all the time as well.
What sanctions are used to force parents to pay their child support?
Most parents with child support orders pay regularly. Most do so on their own; others need a degree of prompting. Income withholding, civil contempt of court, license suspension, bank account seizure, passport denial, tax refund intercept, and even criminal actions are among the more readily used tools at our disposal to enforce terms of court orders. The simplest, quickest and least expensive enforcement techniques are used first, and often get the results we seek.
I owe child support, but I never get to see my child. Why should I have to pay support when I do not get the parenting time I deserve?
Nebraska law is clear: An obligation to pay child support is completely separate and distinct from the right to exercise parenting time. The failure to obtain court ordered parenting time (sometimes called visitation) does NOT justify the non payment of support. Also, the failure to receive child support does NOT justify a refusal to allow the other parent to exercise their court ordered parenting time. Just as our judges will not tolerate persons who willfully fail to pay their support on time, those same judges will not tolerate parents who refuse to allow the other parent court ordered parenting time with their children. The method of enforcing a problem with parenting time is to take the other parent back to court for allegedly being in contempt of the court order. A private attorney can provide needed expertise to accomplish this task.
What is the age of emancipation in Nebraska?
Emancipation age in Nebraska is presently 19, and child support must be paid until the month and year the child reaches that age. In most other states the age of emancipation is 18. Some states (not Nebraska) allow for support orders to continue beyond the age of the child’s emancipation if the child is still a full time high school student. Look to the language in your support order to see how long your child support is to continue.
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