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Child Support in Nebraska

Tue, 06 Jan 2026 10:40:31 GMT

Child Support/Nebraska

Nebraska Revised Statute 42-3641 outlines the legal provisions for child support in Nebraska. The statute mandates that all orders for child support shall be established in accordance with the provisions of the Nebraska Child Support Guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the application of the guidelines will result in a fair and equitable child support order . The guidelines provide a rebuttable presumption that the amount of child support to be paid is the amount resulting from the application of the guidelines . The guidelines are based on the net income of the parent(s) and the number of children for whom support is being sought . The court may use the amount at $20,000 plus: 10 percent of net income above $20,000 for one, two, and three children; 12 percent of net income above $20,000 for four children; 13 percent of net income for five children; and 14 percent of net income for six children as a rebuttable presumption . Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the obligor’s net income, whichever is greater, per month should be set .

Family Law & Divorce

Tue, 06 Jan 2026 10:40:11 GMT

Alimony/Spousal Support

According to the Nebraska Revised Statute 42-365, when a marriage is dissolved, the court may order payment of 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 marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party.

Child Custody - Best Interests

Mon, 05 Jan 2026 10:39:34 GMT

Child Custody Case - Nebraska

According to Nebraska Revised Statute 43-2923, the best interests of a child require a parenting plan that provides for a child’s safety, emotional growth, health, stability, and physical care, and regular and continuous school attendance and progress for school-age children. The parenting plan should also promote a child’s continued contact with his or her families and parents who have shown the ability to act in the child’s best interests.

In determining custody and parenting arrangements, the court shall consider the best interests of the minor child, which shall include, but not be limited to, consideration of the foregoing factors and:

The relationship of the minor child to each parent prior to the commencement of the action or any subsequent hearing.

The desires and wishes of the minor child, if of an age of comprehension but regardless of chronological age, when such desires and wishes are based on sound reasoning.

The general health, welfare, and social behavior of the minor child.

Credible evidence of abuse inflicted on any family or household member.

Credible evidence of child abuse or neglect or domestic intimate partner abuse

Nebraska Divorce - Divorce Lawyer

Fri, 02 Jan 2026 10:38:36 GMT

Divorce in Nebraska

In Nebraska , divorce laws operate under a no-fault framework. This means that the court does not assign blame or determine who was at fault for the marriage breakdown. Instead, the focus is on practical matters such as custody, property division, debt allocation, and alimony .

Here are some key points about divorce in Nebraska:

Residency Requirement: Either you or your spouse must be a resident of Nebraska for at least one year before filing for divorce .
Equitable Distribution: Nebraska follows an equitable distribution approach for dividing marital assets and liabilities. This means that property and debts are divided fairly, though not necessarily equally. The court considers factors such as the duration of the marriage, contributions by each party, and support provided for career advancement or education .
Child Custody : The courts encourage both parents to remain actively involved in their children’s lives after divorce. Joint custody is preferred unless there are exceptional circumstances .
Child Support: Child support is calculated using an Income Shares Model, which considers both parents’ income .
Alimony: Alimony (spousal support/maintenance) may be granted temporarily or for an extended period .
Simple Divorce: A straightforward divorce, where parties are not disputing property division, debt, or parenting time .

Parenting Time, Visitation, Custody in Nebraska

Fri, 02 Jan 2026 10:38:05 GMT

Parenting Time in Nebraska

In Nebraska, parenting time guidelines provide a framework for determining the amount of time each parent spends with their child. Here are some key points regarding parenting time in Nebraska:

Paternity and Custody:

When establishing paternity, custody, parenting time, and child support, it’s essential to follow specific rules and procedures.
You must file a Complaint for Paternity within 4 years after the child’s birth. If you file after this period, it’s considered too late.
Generally, the child must have lived in Nebraska for at least 6 months (or since birth) before filing the complaint.
If the child hasn’t met this residency requirement, consult with a lawyer for guidance .

2. Parenting Time Guidelines:

The Nebraska Supreme Court provides guidelines for minimum hours of parenting time. These guidelines apply unless there are exceptional circumstances.
Here’s a breakdown based on the child’s age: Birth to Eighteen Months: Five times a week (daily visits are optimal).
Eighteen Months to Three Years: Four times a week.
Three to Eight Years: The guidelines continue to apply .

3. Additional Requirements:

Parents involved in custody or parenting time disputes must: Complete a co-parenting class approved by the Nebraska Supreme Court and submit the certificate of completion.
Attempt mediation regarding parenting issues before bringing a contested case to court .

Remember that these guidelines serve as a starting point, and individual cases may vary. Seeking legal advice is crucial to navigate the process effectively.

Legal Separation vs. Divorce in Nebraska

Mon, 17 Nov 2025 19:22:32 GMT

Divorce or Legal Separation. What is a legal separation anyway?

In Nebraska, legal separation refers to the conscious decision of a couple to live apart while remaining married . Here are some key points about legal separation in Nebraska:

Residence Requirement: In a legal separation, couples must reside separately and physically apart. Living in different bedrooms in the same house doesn’t constitute a separation under Nebraska law .
Legal Proceedings: You can seek a formal legal separation by filing a petition with the court. A judge will schedule a hearing to consider factors such as each spouse’s assets and debts, income and earning potential, the best interests of any children, and whether there’s any possibility of reconciliation .
Benefits: In a legal separation case, a court can divide up property and debt between the parties, and award alimony . If the case involves children who have lived in Nebraska for 6 months, a court can also make decisions regarding them .
Limitations: The parties continue to be legally married and are unable to remarry . However, all other aspects of their marital relationship are severed .

In Nebraska , the process of divorce involves several steps. Here are the essential aspects:

Eligibility:

Simplified Divorce:

If your situation meets specific criteria, you can pursue a simplified divorce: No children under the age of 19.
No real property (real estate), significant personal property or ongoing business disputes.
Full awareness of all debts incurred during the marriage and an agreement on who will pay each debt .
A simple divorce typically takes about six months .

Filing Process:

Here are the main steps to initiate a divorce in Nebraska:
File a Complaint for Dissolution of Marriage in the district court of the county where you reside.
Submit a Vital Statistics Certificate

Property Division in Nebraska

Mon, 17 Nov 2025 18:09:00 GMT

Division of Property Between Husband & Wife - Equitable Division - Divorce

In Nebraska, equitable division is a three-step process. The first step is to classify the parties’ property as marital or nonmarital. The second step is to value the marital assets and marital liabilities of the parties. The third step is to calculate and divide the net marital estate between the parties.

Ex Parte Orders in Divorce Cases

Tue, 11 Nov 2025 19:36:57 GMT

Can I Get An Ex Parte Order In My Divorce Case?

During the pendency of any proceeding under sections 42-347 to 42-381 after the complaint is filed, upon application of either party and if the accompanying affidavit of the party or his or her agent shows to the court that the party is entitled thereto, the court may issue ex parte orders (1) restraining any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of real or personal property except in the usual course of business or for the necessaries of life, and the party against whom such order is directed shall upon order of the court account for all unusual expenditures made after such order is served upon him or her, (2) enjoining any party from molesting or disturbing the peace of the other party or any minor children affected by the action, and (3) determining the temporary custody of any minor children of the marriage, except that no restraining order enjoining any party from molesting or disturbing the peace of any minor child shall issue unless, at the same time, the court determines that the party requesting such order shall have temporary custody of such minor child. Ex parte orders issued pursuant to subdivisions (1) and (3) of this section shall remain in force for no more than ten days or until a hearing is held thereon, whichever is earlier. After motion, notice to the party, and hearing, the court may order either party excluded from the premises occupied by the other upon a showing that physical or emotional harm would otherwise result. Any restraining order issued excluding either party from the premises occupied by the other shall specifically set forth the location of the premises and shall be served upon the adverse party by the sheriff in the manner prescribed for serving a summons, and a return thereof shall be filed in the court. Any person who knowingly violates such an order after service shall be guilty of a Class II misdemeanor. In the event a restraining order enjoining any party from molesting or disturbing the peace of any minor children is issued, upon application and affidavit setting out the reason therefor, the court shall schedule a hearing within seventy-two hours to determine whether the order regarding the minor children shall remain in force.

Alimony in Nebraska

Tue, 11 Nov 2025 19:34:20 GMT

Nebraska Alimony Statute

The Nebraska alimony statute is outlined in Nebraska Revised Statute 42-365. It provides guidelines for awarding alimony during divorce proceedings, considering factors such as the duration of the marriage, contributions to the marriage, and the financial circumstances of both parties. Alimony is intended to support one spouse when the economic circumstances make it appropriate. The statute also addresses the modification, revocation, and termination of alimony orders.

Parental Alienation

Fri, 14 Mar 2025 19:22:31 GMT

Manipulation and Exaggerated or False Information

Parental alienation occurs when a child refuses to have a relationship with a parent due to manipulation, such as the conveying of exaggerated or false information, by the other parent. This situation most often arises during a divorce or custody battle, but it can also happen in intact families. The breakdown of the relationship between a child and one of the child’s parents occurs without valid justification .

The perpetrator of parental alienation may employ various tactics:

A father might falsely tell the child that the child’s mother hates them and never wants to speak to them, even if the mother calls to speak to the child every day.
A mother could convince her daughter to report—or even believe—that the father physically abused her.
Offenders may blame the other parent for the collapse of the marriage, punish the child for wanting to pursue a relationship with the parent, or move away, making maintaining a relationship extremely difficult .

The impact of parental alienation on a child can be profound:

Children may feel confused, sad, and lonely after losing a relationship with one parent.
They might wonder why they still feel love toward a parent who is portrayed as hating them intensely.
The absence of evidence to counter the other parent’s lies can be distressing.
Estrangement is uncertain and potentially prone to change, making it challenging for children to fully grieve their lost relationship .

Signs of parental alienation include:

Severely restricting the time a child can spend with the other parent, especially defying court orders.
Making negative comments about the other parent, blaming them for the divorce.
Making false accusations of abuse or neglect.
Threatening to withhold affection if the child expresses positive feelings about the absent parent .

In the legal system, parents can fight alienation in court, but rigorous proof is necessary. Courts may mandate reunification programs, where the child spends supervised time with the alienated parent to rebuild the relationship. Treatment may also address the child’s trauma. Many relationships fractured by parental alienation can heal with time .

Parental alienation is handled through civil proceedings and is not an arrestable offense. Some advocate for criminalization due to the lasting damage it inflicts, while others argue against it because parental alienation is difficult to prove and is not a diagnosable syndrome .

Child Custody - Sole, Joint, Split

Fri, 14 Mar 2025 19:07:24 GMT

Knowing the Different Child Custody Arrangements is Important.

In Nebraska, child custody arrangements can take different forms. Here are the main types:
Joint Legal Custody: In this arrangement both parents collaborate on decisions related to the children’s education, medical needs, and religious upbringing. To obtain joint legal custody, both parties must testify that they can cooperate and communicate effectively for the children’s well-being .
Joint Physical Custody: With joint physical custody, the children move between both parents’ homes for specified periods (e.g., alternating weeks; or school year with dad/summer with mom).
Split Custody: This less common arrangement involves physically separating the children, with each living separately with one parent.
Sole Custody: In sole custody, one parent has physical custody of the children, while the other parent has parenting time rights.

Remember that custody decisions depend on various factors, including the best interests of the children. If you’re navigating a custody situation, it’s essential to consult with Stephen D. Stroh who can guide you through the process .

Uniform Child Custody Jurisdiction & Enforcement Act (UCCJEA)

Fri, 14 Mar 2025 18:22:32 GMT

What Exactly Is The UCCJEA?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in Nebraska is codified under Nebraska Revised Statutes §§ 43-1226 to 43-1266 . This act is designed to provide a uniform legal framework for resolving interstate child custody disputes. Here are some key points:

Jurisdiction: The UCCJEA establishes which state has jurisdiction to make initial child custody determinations. Generally, the child’s “home state” has jurisdiction .
Enforcement: Nebraska courts must recognize and enforce child custody orders from other states, provided those orders comply with the UCCJEA .
Modification: Nebraska can modify another state’s child custody order only if it has jurisdiction to make an initial determination and the other state either no longer has jurisdiction or declines to exercise it .

Removal of Child from Nebraska

Fri, 14 Mar 2025 16:07:20 GMT

Understanding Nebraska Law on the Issue of Removal of a Child from the Jurisdiction

In Nebraska, a “removal case” is one where, typically a custodial parent, seeks permission of the Court to leave the State of Nebraska with the minor child (often to the detriment of the other parent and their access to the child). Before a custodial parent can remove a child from the state, permission of the court is required . The Nebraska Supreme Court has gone as far as to state that they are the most difficult and troubling cases to decide .

If you are seeking to remove your child from the state of Nebraska, it is highly recommended to seek experienced legal representation for any case in which a parent is seeking to remove a child from the state in a Nebraska paternity, divorce or modification action .

The two-prong test for removal of a child from Nebraska involves two steps . First, the parent who wants to leave Nebraska with the child must prove that he or she has a “legitimate reason for leaving the state.” For example, a legitimate reason for leaving the state includes a job-related opportunity in another state that provides for “significant career enrichment” . Second, the parent must then prove that moving out of state is in the child’s best interest. To determine the best interest of the child, the court will consider various factors, including the emotional, physical, and developmental needs of the child, the child’s opinion or preference as to where to live (if of appropriate age, maturity, and ability to comprehend and consider the circumstances), whether the relocating parent’s income or employment will be enhanced, improvement in the child’s housing or living conditions, educational advantages, quality of the relationships between the child and each parent, the child’s ties to both communities, including extended family, and whether the move would antagonize hostilities between the two parents .

Child Support in Nebraska

Fri, 14 Mar 2025 15:45:36 GMT

It is Important for Parents to Understand that Child Support is a Two Way Street

In Nebraska child support is a critical aspect of ensuring the well-being of children. Here are some key points related to child support in Nebraska:

Nebraska Child Support Payment Center ("NCSPC"):

The NCSPC handles child support payments; if you have an open child support case and are employed, court-ordered payments may be made through income withholding.
For those without an open child support case and not subject to income withholding, there are various payment options available.
The NCSPC has installed self-service kiosks at several locations where paying parents can make payments with cash, debit cards, credit cards, personal/business checks, and money orders.

2. Legal Obligation:

Each parent have a legal obl igation to support their child from birth until the age of 19.
Child support includes providing food, shelter, clothing, necessary supplies, transportation, education, and healthcare for the child .

3. Nebraska Child Support Program:

The program aims to ensure that children receive the financial and medical support they need.
It emphasizes responsible behavior toward children and recognizes that children benefit from the involvement of both parents.

Paternity Cases In Nebraska

Fri, 14 Mar 2025 03:28:00 GMT

Establish The Paternity of Your Child

According to Nebraska Revised Statute 43-1411, a civil proceeding to establish the paternity of a child may be instituted by the mother or the alleged father of such child, either during pregnancy or within four years after the child’s birth, unless a valid consent or relinquishment has been made pursuant to sections 43-104.08 to 43-104.24 or section 43-105 for purposes of adoption1. The proceeding may be instituted in the court of the district where the child is domiciled or found or, for cases under the Uniform Interstate Family Support Act, where the alleged father is domiciled1. The guardian or next friend of such child or the state may also institute the proceeding either during pregnancy or within eighteen years after the child’s birth.

Custody & Parenting Time in Nebraska - Divorce & Custody Lawyer

Fri, 14 Mar 2025 02:26:22 GMT

Custody & Parenting Time; Matters to Consider in Your Divorce or Paternity Case

In Nebraska, when it comes to child custody, parenting time, visitation , and other access, Nebraska Revised Statute 42-364 outlines important guidelines.

Parenting Plan Development:

In actions involving child support, child custody, parenting time, visitation, or other access, the parties and their counsel (if represented) are required to develop a parenting plan as provided in the Parenting Act.
If the parties and counsel do not create a parenting plan, the complaint should indicate this, and the case will be referred to mediation or specialized alternative dispute resolution as outlined in the Parenting Act.
In certain circumstances, the mediation or specialized alternative dispute resolution requirement may be waived by the court, provided there is good cause and specific conditions are met .

2. Custody Determination:

The decree in an action involving the custody of a minor child must address both legal custody and physical custody based on the best interests of the child, as defined in the Parenting Act.
The court can incorporate either: A parenting plan developed by the parties (if approved by the court), or
A parenting plan developed by the court based on evidence produced after a hearing in open court if no plan is developed by the parties or if the parties’ plan is not approved by the court.
The decree must conform to the Parenting Act .

3. Equal Consideration for Parents:

The court must not give preference to either parent based on sex or disability.
No presumption exists that either parent is more fit or suitable than the other.
Custody decisions are made based on the best interests of the child, as defined in the Parenting Act.
Unless parental rights are terminated, both parents continue to have rights as stated in section 42-3811 .

4. Joint Custody:

Custody of a minor child may be placed with both parents on a joint legal custody or joint physical custody basis, or both: When both parents agree to such an arrangement in the parenting plan, and the court determines it is in the child’s best interests.
If the court specifically finds, after a hearing in open court, that joint physical custody or joint legal custody (or both) is in the best interests of the minor child, regardless of parental agreement or consent