43-512.13.

Title IV-D child support order; review; notice requirements; additional reviews; procedure.

(1)(a) When review of a child support order pursuant to subsection (1) or (2) of section 43-512.12 has been requested by one of the parents or initiated by the Department of Health and Human Services, the department shall send notice of the pending review to each parent affected by the order at the parent's last-known mailing address thirty days before the review is conducted. Such review shall require the parties to submit financial information as provided in sections 43-512.14 and 43-512.17.

(b) Except as provided in subsection (2) of this section, after the department completes the review of the child support order in accordance with section 43-512.12, it shall send notice to each parent of the determination to refer or not refer the order to the county attorney or authorized attorney for filing of an application for modification of the order in the district court.

(c) Each parent shall be allowed thirty days to submit to the department a written request for a review of such determination. The parent requesting review shall submit the request in writing to the department, stating the reasons for the request and providing written evidence to support the request.

(d) The department shall review the available verifiable financial information and make a final determination whether or not to refer the order to the county attorney or authorized attorney for filing of an application for modification of the child support order. Written notice of such final determination shall be sent to each parent affected by the order at the parent's last-known mailing address.

(e) A final determination under this subsection shall not be considered a contested case for purposes of the Administrative Procedure Act.

(2)(a) If, upon the completion of a review initiated pursuant to subsection (3) of section 43-512.12, the department finds a decrease in the amount of the present child support obligation is not warranted because it does not meet the criteria in subsection (1) or (2) of section 43-512.12, the department shall grant the incarcerated parent a conference to review the department's findings. Such conference shall be scheduled within thirty days after the completion of the department's review and may be conducted in person or by means of virtual conferencing. The department shall send notice of such conference by first-class mail to both parents. The notice shall include the following:

(i) The department's findings;

(ii) Whether the conference will be conducted in person or virtually;

(iii) The date, time, and location of the conference;

(iv) That the parties may submit any additional written evidence to the department at least ten business days prior to the conference;

(v) That the incarcerated parent may waive the conference and that such request shall be filed at least five business days prior to the conference date; and

(vi) Any other information the department deems necessary.

(b) The department shall review all available verifiable financial information and, within thirty days after the conference, make a final determination whether or not a decrease in the present child support obligation is warranted in accordance with the criteria in subsection (1) or (2) of section 43-512.12 and whether or not to refer the order to the county attorney or authorized attorney. Written notice of such final determination shall be sent to each parent by first-class mail.

(c) If the incarcerated parent waives the conference under this subsection, the department shall make a final determination and send written notice of such final determination to each parent by first-class mail.

(d) Notices required to be sent to an incarcerated parent under this section shall be sent to the address of the facility at which the parent is incarcerated and to the administrator of such facility as defined in section 47-1003.

(e) A final determination under this subsection shall not be considered a contested case for purposes of the Administrative Procedure Act.