Bulletin: NE2008002

Dear Associates:

On April 16, 2008, Nebraska’s Governor signed Legislative Bill 1014 into law. The Bill contained an emergency clause, so it became effective on that date.

After legislation passed in the 2007 Unicameral became a source of confusion with respect to child support/spousal support lien releases, LB 1014 was introduced to address the confusion. As a result, the proper procedure for release of child support liens that we have been accustomed to has been substantially restored.

As with legislation that was in effect prior to 2007, a judgment creditor once again may execute a total or partial release or subordination of a child support lien, if all payments are current. A properly executed, notarized release or subordination explicitly reciting that all child support payments or spousal support payments are current is prima facie evidence that such payments are in fact current.

Prior provisions for court-ordered release or subordination in the event payments are not current, or if the judgment creditor refuses to sign such a document, have also been restored.

Filing of a current certified copy of support order payment history showing current payments is no longer required, but is deemed prima facie evidence of current support payments in a judicial proceeding brought for release or subordination of a support lien.

This newly-effective legislation should resolve any difficulties the title industry has faced in the State of Nebraska with respect to release of support liens.

Please address any questions to this office at any time:

John Daum
Associate Senior Underwriting Counsel
Stewart Title Guaranty Company
1603 Farnam St., #219
Omaha, Nebraska 68102
Phone: (402) 346-4401
E-mail: JDaum@stewart.com