Support in Nebraska

How Nebraska Calculates Child Support

Nebraska uses an income shares model to calculate child support, codified under Neb. Rev. Stat. Section 42-364.16 and the Nebraska Child Support Guidelines adopted by the Nebraska Supreme Court. The model is based on the principle that both parents should contribute to their child’s financial support in proportion to their respective incomes.

The calculation begins with each parent’s monthly net income. Gross income includes wages, salaries, commissions, bonuses, pensions, Social Security, disability benefits, workers’ compensation, unemployment benefits, investment income, rental income, and other recurring sources. Deductions are then applied for federal and state income taxes, FICA, mandatory retirement contributions, and health insurance premiums for the child.

The parents’ combined monthly net incomes are applied to the Nebraska child support schedule, which produces a basic support obligation based on the combined income and the number of children. Each parent’s share is proportional to their percentage of the combined income. The non-custodial parent typically pays their share to the custodial parent.

For a broader explanation of income shares calculations, see our guide on how child support is calculated. You can also estimate your potential obligation with our child support calculator.

Parenting Time Adjustments

Nebraska’s guidelines include a credit for parenting time. When the non-custodial parent exercises a significant amount of overnight parenting time, the guidelines adjust the support obligation to reflect the direct expenses incurred during that time. This adjustment recognizes that expenses such as food, transportation, and household costs shift from one parent to the other as the child moves between homes.

Child Support Duration

In Nebraska, child support generally continues until the child reaches age 19, which is the age of majority under Nebraska law. Support may terminate earlier upon emancipation, marriage, or entry into military service. The parties may agree to extend support for post-secondary education, though Nebraska courts generally do not have the authority to order it absent an agreement.

Modification of Child Support

Either parent may petition for modification of child support by demonstrating a material change of circumstances that is substantial, continuous, and makes the original terms unreasonable. Common grounds for modification include a significant change in either parent’s income, a change in the parenting time arrangement, a change in the child’s needs, or a change in the cost of health insurance.

Modifications take effect from the date the motion is filed. Nebraska does not permit retroactive reduction of child support arrearages.

Enforcement of Child Support

Nebraska uses several methods to enforce child support orders through the Nebraska Child Support Payment Center and the Department of Health and Human Services:

• Income withholding (wage garnishment)
• Interception of state and federal tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Contempt of court proceedings
• Liens on real and personal property
• Denial of passport applications
• Credit bureau reporting

Arrearages accrue interest and are not subject to retroactive forgiveness by the court.

Alimony in Nebraska

Nebraska courts may award alimony under Neb. Rev. Stat. Section 42-365. The state recognizes several types of alimony:

• Temporary alimony — Support during the pendency of the divorce proceedings, designed to maintain the status quo until the case is resolved.
• Rehabilitative alimony — The most common form, awarded to help a spouse obtain the education, training, or work experience necessary to become self-supporting. The duration is typically tied to the time needed to complete a specific educational or vocational program.
• Restitution alimony — Awarded to compensate a spouse who financially supported the other spouse through education or professional training, recognizing that the supporting spouse made sacrifices with the expectation of sharing in the resulting benefits.
• Permanent alimony — Awarded in rare cases, typically involving long-duration marriages where the recipient spouse is unable to become self-supporting due to age, disability, or other circumstances.

Factors in Alimony Determinations

The court considers the following factors when deciding alimony:

• The circumstances of both parties
• The duration of the marriage
• The contributions of each spouse to the marriage, including contributions to the other spouse’s education and earning capacity
• The ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the supported party’s custody
• Whether the supported spouse requires education or training to find appropriate employment
• The standard of living established during the marriage
• The age and physical and emotional condition of each party
• The earning capacity of each party

Modification and Termination of Alimony

Either party may seek modification of alimony by demonstrating a material change of circumstances. Alimony generally terminates upon the death of either party or the remarriage of the recipient. Cohabitation by the recipient may also be grounds for modification.

When to Seek Legal Guidance

Nebraska’s income shares model, the age-19 majority rule, and the various forms of alimony available create a framework that depends heavily on the specific facts of each case. If you are evaluating child support or alimony in Nebraska, consider scheduling a free consultation with a qualified family law attorney.

Statutes referenced: Neb. Rev. Stat. Section 42-364.16 (child support guidelines), Neb. Rev. Stat. Section 42-365 (alimony).