Chapter 42 — HOUSEHOLDS AND FAMILIES
437 sections in this chapter.
Neb. Rev. Stat. § 42-357 Temporary and ex parte orders; violation; penalty.
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The court may order either party to pay to the clerk of the district court or to the State Disbursement Unit, as provided in section 42-369, a sum of money for the temporary support and maintenance of the other party and minor children if any are affected by the action and to ena…
Neb. Rev. Stat. § 42-358 Attorney for minor child; appointment; powers; child or spousal support; records; income withholding; contempt proceedings; fees; evidence; appeal.
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(1) The court may appoint an attorney to protect the interests of any minor children of the parties. Such attorney shall be empowered to make independent investigations and to cause witnesses to appear and testify on matters pertinent to the welfare of the children. The court sha…
Neb. Rev. Stat. § 42-358.01 Delinquent support order payments; records.
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Records of delinquencies in support order payments shall be kept by the Title IV-D Division of the Department of Health and Human Services or by the clerks of the district courts pursuant to their responsibilities under law.
Neb. Rev. Stat. § 42-358.02 Delinquent child support payments, spousal support payments, and medical support payments; interest; rate; report; Title IV-D Division; duties.
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(1) All delinquent child support payments, spousal support payments, and medical support payments shall draw interest at the rate specified in section 45-103 in effect on the date of the most recent order or decree. Such interest shall be computed as simple interest. (2) All chil…
Neb. Rev. Stat. § 42-358.03 Permanent child support payments; failure to pay; work release program.
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Any person found guilty of contempt of court for failure to pay permanent child support payments and imprisoned therefor shall be committed to a court-supervised work release program. Ninety percent of earnings realized from such program shall be applied to payment of delinquenci…
Neb. Rev. Stat. § 42-358.04 Delinquent permanent child support payments; remarriage; effect.
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Remarriage of the person entitled to collect under a permanent child support decree shall not work to cut off delinquent payments due under such decree.
Neb. Rev. Stat. § 42-358.05 Child or spousal support; performance of decree; court powers.
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After a hearing on the issue, the court may order immediate implementation of income withholding pursuant to the Income Withholding for Child Support Act or require the posting of a bond at the time that a temporary or permanent child support or spousal support decree is issued t…
Neb. Rev. Stat. § 42-358.06 Delinquent permanent child or spousal support payments; lien.
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A lien upon the property of one who is delinquent in permanent child or spousal support payments may be instituted and enforced according to the terms of section 42-371.
Neb. Rev. Stat. § 42-358.07 Clerk of the district court; nonperformance of duties; removal from office.
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Any clerk of the district court who fails to perform his or her duties under sections 42-358 to 42-358.07 or the Income Withholding for Child Support Act shall be removed from office after conviction for such offense.
Neb. Rev. Stat. § 42-358.08 Information regarding absent parent; duty to furnish; enforcement.
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Notwithstanding any other provision of law regarding the confidentiality of records and when not prohibited by the federal Privacy Act of 1974, Public Law 93-579, as amended, each department and agency of state, county, and city government and each employer or other payor as defi…
Repealed. Laws 1983, LB 417, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 42-359 Applications for spousal support or alimony; financial statements.
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Applications for spousal support or alimony shall be accompanied by a statement of the applicant's financial condition and, to the best of his or her knowledge, a statement of the other party's financial condition. Such other party may file his or her statement, if he or she so d…
Neb. Rev. Stat. § 42-360 Reconciliation; transfer of action; when; counseling; costs.
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No decree shall be entered under sections 42-347 to 42-381 unless the court finds that every reasonable effort to effect reconciliation has been made. Proceedings filed pursuant to sections 42-347 to 42-381 shall be subject to transfer to a conciliation court pursuant to section …
Neb. Rev. Stat. § 42-361 Marriage irretrievably broken; findings; decree issued without hearing; when.
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(1) If both of the parties state under oath or affirmation that the marriage is irretrievably broken, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken. (2) If one of the par…
Neb. Rev. Stat. § 42-361.01 Legal separation; findings.
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In a legal separation proceeding: (1) If both of the parties state under oath or affirmation that they shall thereafter live separate and apart, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the legal separa…
Neb. Rev. Stat. § 42-362 Spouse mentally ill; guardian ad litem; attorney; appointment; order for support.
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When the pleadings or evidence in any action pursuant to sections 42-347 to 42-381 indicate that either spouse is mentally ill, a guardian ad litem or an attorney, or both, shall be appointed to represent the interests of such spouse. Such guardian's fee or attorney's fee, or bot…
Neb. Rev. Stat. § 42-363 Waiting period.
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No suit for divorce shall be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered.
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.