Review of incarcerated parental child support advanced

A measure to create a new process for reviewing and modifying child support obligations for incarcerated parents received first-round approval April 29.

LB704, introduced by Omaha Sen. Terrell McKinney, would require the state Department of Health and Human Services to initiate a review of a child support order within 15 days of being notified that a noncustodial parent will be incarcerated for more than 180 calendar days.

Under the bill as introduced, the review must be completed within 90 days. If DHHS finds that a decrease in the child support amount is not warranted, the department must grant the incarcerated noncustodial parent a hearing to review that determination within 30 days.

McKinney said incarcerated parents currently can apply for a modification of child support, but that the process has been “murky and confusing.” LB704 instead would make a review mandatory, he said.

“This is just trying to make sure that parents who are incarcerated are not strapped with a lot of debt, so when they do return [home] they can provide for their families and not be as far behind,” McKinney said.

A Judiciary Committee amendment, adopted 40-0, would increase the timeline for the DHHS to complete its review from 90 to 120 days and replace the term “hearing” with “conference.” Under the amendment, a parent may waive their right to a conference to review a determination and conferences could be held in person or virtually.

Following adoption of the committee amendment, lawmakers advanced LB704 to select file 37-0.