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LB 704

Change provisions relating to the review and modification of an incarcerated parent’s child support order

109th Legislature (2025-2026) Introduced by Terrell McKinney

DHHS must review and, when warranted, modify Title IV-D child support orders for incarcerated noncustodial parents (>180 days), with notices, data, and a post-review conference.

Approved by Governor on May 20, 2025
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Bill Summary · LB 704

Summary — LB 704 (2025)

Title: Change provisions relating to the review and modification of an incarcerated parent’s child support order
Status: Approved by Governor (May 20, 2025) — Passed Final Reading 46–3

Purpose

LB 704 creates a statutory process requiring the Department of Health and Human Services (DHHS) to review and, when appropriate, modify child support orders when a noncustodial parent is incarcerated for more than 180 days. The bill establishes timelines, notice requirements, submission of financial information, and a conference process for incarcerated parents.

Key provisions and changes

  • Applicability and baseline review rules (amends § 43-512.12)

    • DHHS must review Title IV‑D child support orders to determine whether referral to a county/authorized attorney for modification is warranted (existing criteria retained: significant variance from Supreme Court guidelines or change in health care coverage).
    • Orders generally not reviewed within three years of entry unless a substantial, lasting change in circumstances is demonstrated (examples include changes in employment, earning capacity, pensions, lottery/wagering winnings).
    • Special rule for incarceration: within 15 business days of learning a noncustodial parent will be incarcerated >180 calendar days, DHHS must initiate a review, send notice to both parents (and to the incarcerated parent at the facility and facility administrator), and require submission of financial information.
    • DHHS must complete the incarceration-initiated review and notify parties within 120 calendar days after learning of the incarceration.

  • Review, conference, and final determination process (amends § 43-512.13)

    • DHHS provides 30 days’ prior notice before routine reviews and requires submission of financial data under existing statutes.
    • After DHHS completes a review it notifies parents whether it will refer the order for formal modification. Parents have 30 days to request further review of DHHS’s determination.
    • If DHHS’s incarceration-initiated review concludes a decrease is not warranted, the incarcerated parent is entitled to a conference (in-person or virtual) scheduled within 30 days of the review completion. Notices must inform parties of the findings, conference logistics, deadlines for submitting additional evidence (10 business days prior), and option to waive (5 business days prior).
    • DHHS must issue a final determination within 30 days after the conference (or after waiver). Final determinations are not considered contested cases under the Administrative Procedure Act.

Who is affected

  • Primary: incarcerated noncustodial parents and custodial parents/children whose support orders may be adjusted.
  • Administrative: DHHS (administration of reviews, notices, conferences), county/authorized attorneys (potential referrals for modification), and correctional facilities (receiving notice).
  • Courts: potential downstream referrals to district court for modification actions.

Procedural/timeline highlights

  • Introduced Jan 22, 2025; referred to Judiciary; AM575 adopted (committee amendment that, among other things, established the 120‑day review timeline and replaced “hearing” language with a “conference”); advanced through the Legislature; approved by Governor May 20, 2025.
  • Key statutory timelines: initiate review within 15 business days of learning of incarceration >180 days; DHHS completes review and notifies within 120 calendar days; conferences scheduled within 30 days; final DHHS determination within 30 days after conference.

Fiscal notes

Two fiscal notes were filed (Feb. 25 and Apr. 29, 2025). The bill likely creates administrative workload for DHHS (reviews, notices, conferences) and may affect child support collections, but specific fiscal impacts are detailed in those fiscal notes (not reproduced here).

Compiled from official sources — confirm details with the bill’s official record.

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