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REV. AUGUST 20, 2007 NEBRASKA DEPARTMENT OF CCS PROGRAM MANUAL LETTER # 69-2007 HEALTH AND HUMAN SERVICES 392 NAC 3-005.03C5a(1)

3-005.03C5a(1) Percentage Obligation: When the court order states that the non-custodial parent must pay a percentage of the child care expenses, the worker determines the non-custodial parent's portion based on the total charges.

If the non-custodial parent fails to pay his/her portion of the child care, see 392 NAC 3-005.03C5a(2).

3-005.03C5a(2) Non-Custodial Parent's Failure to Pay: If the non-custodial parent fails to pay his/her portion of the child care obligation to the provider, the client should bring in the bill for the non-custodial parent's portion. The Department will reimburse the provider. The worker must notify the client in writing that s/he must pursue enforcement of the court order within 90 days. The Department will no longer pay the non-custodial parent's portion of the child care if the client fails or refuses to pursue enforcement of the court order within 90 days, unless the client has good cause for failing to do so. The following circumstances are considered good cause: 1. The client does not have the funds to pay the attorney's fee; or 2. The client has had a serious illness or injury which prevented him/her from contacting his/her attorney. If the worker determines that the client had good cause for failing to pursue enforcement of the order, if the client attempts enforcement of the order but it is pending in court, or if the client attempts enforcement but the non-custodial parent still does not pay, the Department will continue payment of the non-custodial parent's portion. The worker will review the status of the case at the time of review. 3-005.03C6 Conversion of Income: If a client has weekly or bi-weekly income, the worker uses the income conversion charts to project monthly income. See 392-000-401 for income conversion charts. 3-005.04 Income Verification: The client must provide verification of earned income, with a copy of check stubs, a statement from his/her employer, or some other documentation. A self-employed client must submit a copy of his/her latest income tax return or his/her bookkeeping records. The worker accepts the client's declaration of unearned income unless there is inconsistent information or the client has a previous history of overpayments or abuse of the program. In these instances, the worker requires verification of income before authorizing services. If the client fails to provide required proof within 30 days of request, the worker rejects the application or closes the case, as appropriate.