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289 sections in this chapter.
Neb. Rev. Stat. § 42-364 Action involving child support, child custody, parenting time, visitation, or other access; parenting plan; legal custody and physical custody determination; rights of parents; child support; termination of parental rights; court; duties; modification proceedings; use of school records as evidence.
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(1)(a) In an action under Chapter 42 involving child support, child custody, parenting time, visitation, or other access, the parties and their counsel, if represented, shall develop a parenting plan as provided in the Parenting Act. If the parties and counsel do not develop a pa…
Neb. Rev. Stat. § 42-364.01 Child support; withholding of earnings; court; powers.
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In any proceeding when a district court, county court, or separate juvenile court has ordered, temporarily or permanently, a parent, referred to as parent-employee in sections 42-364.01 to 42-364.12, to pay any amount for the support of a minor child, that court shall, following …
Neb. Rev. Stat. § 42-364.02 Child support; withholding of earnings; application; who may file.
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Any person having a direct interest in the welfare of a minor child may file an application, with the court that has previously ordered a parent to pay any amount for the support of the minor child, requesting the court to hold a hearing on such application and to enter an order …
Neb. Rev. Stat. § 42-364.03 Child support; withholding of earnings; hearing notice; interrogatories.
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Upon the filing of an application to withhold and transmit earnings, the court shall set a date, time, and place for a hearing thereon, which hearing shall be set not more than three weeks later than the date such application is filed. The applicant shall then cause to be served …
Neb. Rev. Stat. § 42-364.04 Child support; withholding of earnings; service of documents.
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Service of the documents required by the provisions of section 42-364.03 shall be made in the manner provided for service of a summons in a civil action, except that certified mail service may not be used.
Neb. Rev. Stat. § 42-364.05 Child support; withholding of earnings; court; jurisdiction.
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The court that entered the order requiring the parent to pay any amount for the support of a minor child and in which the application to withhold and transmit earnings is filed shall have jurisdiction of any employer who transacts any business in the state or contracts to supply …
Neb. Rev. Stat. § 42-364.06 Child support; withholding of earnings; court order.
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The court shall enter an order as allowed by section 42-364.01 at the hearing on the application for such order, if it finds that it has jurisdiction of the employer and the earnings of the parent-employee, that the parent-employee is an employee as defined in section 42-364.11 o…
Neb. Rev. Stat. § 42-364.07 Child support; withholding of earnings; attorney's fee.
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The court may award a reasonable attorney's fee to the applicant for the services of the applicant's attorney in obtaining the order to withhold and transmit earnings. Such fee shall be reasonably related to the time spent by the attorney in obtaining such order and not to the am…
Neb. Rev. Stat. § 42-364.08 Child support; withholding of earnings; limitations.
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The amount to be withheld from the parent-employee's disposable income under any order to withhold and transmit earnings entered pursuant to sections 42-364.01 to 42-364.12 shall not in any case exceed the maximum amount permitted to be withheld under section 303(b) of the Consum…
Neb. Rev. Stat. § 42-364.09 Child support; withholding of earnings; priority.
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Any order to withhold and transmit earnings shall have priority over any attachment, execution, garnishment, or wage assignment, unless otherwise ordered by the court.
Neb. Rev. Stat. § 42-364.10 Child support; withholding of earnings; order; dissolution; revocation; modification; service.
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An order to withhold and transmit earnings shall dissolve without any court action thirty days after the parent-employee ceases employment with the employer. An order to withhold and transmit earnings may be revoked by the court upon application when the parent-employee is not in…
Neb. Rev. Stat. § 42-364.11 Child support; withholding of earnings; terms, defined.
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For the purposes of sections 42-364.01 to 42-364.14, unless the context otherwise requires: (1) Earnings shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and shall include any periodic payments p…
Neb. Rev. Stat. § 42-364.12 Child support; withholding of earnings; employer; civil contempt; liability for damages; injunction.
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Any employer failing to make answer truthfully and completely to the interrogatories propounded pursuant to section 42-364.03 may be punished by the court for civil contempt. The court shall first afford such employer a reasonable opportunity to purge itself of such contempt. Any…
Neb. Rev. Stat. § 42-364.13 Support order; requirements.
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(1) Any order for support entered by the court shall specifically provide that any person ordered to pay a judgment shall be required to furnish to the clerk of the district court his or her address, telephone number, and social security number, the name of his or her employer, w…
Neb. Rev. Stat. § 42-364.14 Parent-employee; consent to withholding of earnings; procedure.
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Nothing in the Income Withholding for Child Support Act or sections 42-364.01 to 42-364.13 shall be construed as prohibiting a parent-employee from consenting to an order to withhold and transmit earnings as part of a property settlement agreement incorporated into a decree disso…
Neb. Rev. Stat. § 42-364.15 Enforcement of parenting time, visitation, or other access orders; procedure; costs.
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In any proceeding when a court has ordered a parent to pay, temporarily or permanently, any amount for the support of a minor child and in the same proceeding has ordered parenting time, visitation, or other access with any minor child on behalf of such parent, the court shall en…
Neb. Rev. Stat. § 42-364.16 Child support guidelines; establishment; use.
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The Supreme Court shall provide by court rule, as a rebuttable presumption, guidelines for the establishment of all child support obligations. Child support shall be established in accordance with such guidelines, which guidelines are presumed to be in the best interests of the c…
Neb. Rev. Stat. § 42-364.17 Dissolution, legal separation, or order establishing paternity; incorporate financial arrangements.
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A decree of dissolution, legal separation, or order establishing paternity shall incorporate financial arrangements for each party's responsibility for reasonable and necessary medical, dental, and eye care, medical reimbursements, day care, extracurricular activity, education, a…
Neb. Rev. Stat. § 42-364.18 Individuals with disabilities; legislative findings.
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The Legislature finds that individuals with disabilities, as defined in section 42-364, continue to face unfair, preconceived, and unnecessary societal biases as well as antiquated attitudes regarding their ability to successfully parent their children.
Neb. Rev. Stat. § 42-365 Decree; alimony; division of property; criteria; modification; revocation; termination.
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When dissolution of a marriage is decreed, the court may order payment of such alimony by one party to the other and division of property as may be reasonable, having regard for the circumstances of the parties, duration of the marriage, a history of the contributions to the marr…
Neb. Rev. Stat. § 42-366 Property settlements; effect; enforcement; modification.
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(1) To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written property settlement agreement containing provisions for the maintenance of either of the…
Neb. Rev. Stat. § 42-367 Temporary allowance; costs; payment.
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In every action for dissolution of marriage or legal separation, the court may require the husband to pay any sum necessary to enable the wife to maintain the action during its pendency. When dissolution of marriage or a legal separation is decreed, the court may decree costs aga…
Neb. Rev. Stat. § 42-368 Decree of separation; support order; modification; revocation.
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When a legal separation is decreed, the court may order payment of such support by one party to the other as may be reasonable, having regard for the circumstances of the parties and the ability of the supported party to engage in gainful employment without interfering with the i…
Neb. Rev. Stat. § 42-369 Support or alimony; presumption; items includable; payments; disbursement; enforcement; health care coverage.
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(1) All orders, decrees, or judgments for temporary or permanent support payments, including child, spousal, or medical support, and all orders, decrees, or judgments for alimony or modification of support payments or alimony shall direct the payment of such sums to be made comme…
Neb. Rev. Stat. § 42-370 Contempt proceedings; attorney's fees; costs.
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Nothing in sections 42-347 to 42-381 shall prohibit a party from initiating contempt proceedings. Costs, including a reasonable attorney's fee, may be taxed against a party found to be in contempt.
Neb. Rev. Stat. § 42-371 Judgments and orders; liens; release; subordination; procedure; time limitation on lien; security; attachment; priority.
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Under the Uniform Interstate Family Support Act and sections 42-347 to 42-381, 43-290, 43-512 to 43-512.10, and 43-1401 to 43-1418: (1)(a) Except as provided in subdivision (1)(b) of this section, all judgments and orders for payment of money shall be liens, as in other actions, …
Neb. Rev. Stat. § 42-371.01 Duty to pay child support; termination, when; procedure; State Court Administrator; duties.
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(1) An obligor's duty to pay child support for a child terminates when (a) the child reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is emancipated by a court of competent jurisdiction, unless the court order for child support specifical…
Neb. Rev. Stat. § 42-372 Decree; appeals.
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(1) A decree dissolving a marriage becomes final and operative, except for the purpose of review by appeal, at the time specified in section 42-372.01. (2) For the purpose of review by appeal, the decree shall be treated as a final order as soon as it is entered. If an appeal is …
Neb. Rev. Stat. § 42-372.01 Decree; when final.
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(1) Except for purposes of appeal as prescribed in section 42-372, for purposes of remarriage as prescribed in subsection (2) of this section, and for purposes of continuation of health insurance coverage as prescribed in subsection (3) of this section, a decree dissolving a marr…
Neb. Rev. Stat. § 42-372.02 Decree; assignment of real estate; affidavit and certificate; filing.
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(1) When a decree of dissolution of marriage assigns real estate to either party, the party to whom the real estate is assigned may (a) prepare and file with the clerk of the district court an affidavit identifying the real estate by legal description and affirmatively identifyin…
Neb. Rev. Stat. § 42-372.03 Legal separation decree; application to set aside decree.
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A legal separation decree shall provide that in case of a reconciliation at any time thereafter, the parties may apply to set aside the decree. Upon such application, the court shall set aside the decree and make such orders as are just and reasonable under the circumstances.
Neb. Rev. Stat. § 42-373 Annulments; procedure.
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Actions for annulment of a marriage shall be brought in the same manner as actions for dissolution of marriage and shall be subject to all applicable provisions of sections 42-347 to 42-381 pertaining to dissolution of marriage, except that the only residence requirement shall be…
Neb. Rev. Stat. § 42-374 Annulment; conditions.
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A marriage may be annulled for any of the following causes: (1) The marriage between the parties is prohibited by law; (2) Either party is impotent at the time of marriage; (3) Either party had a spouse living at the time of marriage; or (4) Force or fraud.
Neb. Rev. Stat. § 42-375 Annulments; persons under disability; who may bring action; denial, when.
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Annulment actions on behalf of persons under disability may be brought by a parent or adult next friend. An annulment may not be decreed if the marriage is found to be voidable and the parties freely cohabited after the ground for annulment has terminated or become known to the i…
Neb. Rev. Stat. § 42-376 Doubted marriage; procedure.
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When the validity of a marriage is doubted, either party may file a complaint and the court shall decree it annulled or affirmed according to the proof. Notice shall be given the other party as in the case of a complaint for dissolution of marriage.
Neb. Rev. Stat. § 42-377 Legitimacy of children.
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Children born to the parties, or to either spouse, in a marriage relationship which may be dissolved or annulled pursuant to sections 42-347 to 42-381 shall be legitimate unless otherwise decreed by the court, and in every case the legitimacy of all children conceived before the …
Neb. Rev. Stat. § 42-378 Nullity of marriage; procedure; costs.
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When the court finds that a party entered into the contract of marriage in good faith supposing the other to be capable of contracting, and the marriage is declared a nullity, such fact shall be entered in the decree and the court may order such innocent party compensated as in t…
Neb. Rev. Stat. § 42-380 Restoration of former name; procedure.
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(1) When a pleading is filed pursuant to section 42-353 or pursuant to an action for annulment as authorized by section 42-373, either the plaintiff or the defendant may include a request to restore his or her former name. The court shall grant such request except for good cause …
Neb. Rev. Stat. § 42-381 Minor child; rights of parents.
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In any final decree or decree of modification in an action for dissolution of marriage, declaration concerning the validity of a marriage, legal separation, or declaration of paternity, regardless of the determination of the court relating to the custody of a minor child, (1) eac…
Neb. Rev. Stat. § 42-402 Children; when deemed legitimate.
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Whenever any man and woman, either of whom is whole or in part of Indian blood, shall have cohabited together as husband and wife according to the customs and manners of Indian life, the issue of such cohabitation shall be taken and deemed to be the legitimate issue of such perso…
Neb. Rev. Stat. § 42-403 Marriages and divorces; void, when unlawful.
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Marriages and divorces consummated on or after April 8, 1913, among such Indians, or among their descendants, according to Indian custom, are hereby declared to be unlawful and shall be punished as hereinafter provided.
Neb. Rev. Stat. § 42-404 Marriages; how contracted.
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Such Indians and their descendants shall procure marriage licenses and have their marriages solemnized and returns thereof made in the manner as provided by the laws of this state for the making of marriage contracts.
Neb. Rev. Stat. § 42-405 Divorces; how obtained.
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Such Indians and their descendants may obtain divorces in the manner and for the causes provided in the statutes of this state, and not otherwise.
Neb. Rev. Stat. § 42-406 Bigamy; when; penalty.
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If any Indian who is married according to the provisions of sections 42-402 to 42-404 shall, while his or her husband or wife is living, be married to another person, either in legal form or according to Indian custom, he or she shall be guilty of bigamy and shall be punished the…
Neb. Rev. Stat. § 42-407 Marriages; record of county judge; legal and competent evidence.
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The record of Indian marriages made by the county judge pursuant to Laws 1913, Chapter 68, section 7, and certified copies thereof, shall be legal and competent evidence in all proceedings of the facts therein authorized to be stated.
Neb. Rev. Stat. § 42-408 Sections, how construed.
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Nothing in sections 42-402 to 42-407 shall be construed to constitute a legal separation of a prior legal marriage according to the laws of this state wherein a license was secured and a ceremony performed by some person empowered by law to perform such marriage ceremony of any I…
Neb. Rev. Stat. § 42-501 Mortgage; procedure for authorization; limitation.
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When either husband or wife is mentally incompetent and incapable of executing a mortgage relinquishing or encumbering his or her right to the homestead or any other real property of the other, the other may file a complaint in the district court of the county of his or her resid…
Neb. Rev. Stat. § 42-502 Complaint; verification; service; guardian ad litem; costs.
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The complaint shall be verified by the plaintiff and filed in the office of the clerk of the district court of the proper county. A copy thereof, with the notice of the time at which such application will be heard by the court, shall be served personally upon the mentally incompe…
Neb. Rev. Stat. § 42-503 Decree.
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Upon the hearing of the complaint, if the court is satisfied that it is made in good faith by the plaintiff, that he or she or some other person selected by the court is a proper person to exercise the power and make the mortgage, and that it is necessary and proper, the court sh…
Neb. Rev. Stat. § 42-603 Property acquired; presumption.
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Property acquired, as defined in section 42-617, shall not be regarded as community property unless the contrary be satisfactorily proved.