Nebraska Child Support

General
Citation: Nebraska Supreme Court Rules, Chapter 4, Article 2, §44-201 to 4-220.
Last Updated: 1/1/2020
Authority: Court Rule
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 2001
Responsibility: Nebraska Child Support Advisory Commission (Nebraska Revised Statute 43-3342.05)
Approval:
Last Guidelines Review (2018)
Previous Review (2014)

Basic Child Support Obligation (BCSO) Schedule
Last Updated: 2001
Income Base: Net
Income Measure: Combined Income
Frequency: Monthly
No. of Children Categories: 1, 2, 3, 4, 5, 6
Minimum Income Bracket: $500
Maximum Income Bracket: $20,000
More than Maximum Income: For more than $20,000 total net income, child support may be more but not less. Neb. Rev. Stat. § 4-203 states that deviation can be used with the following guidelines to calculate child support in excess of $20,000: 10% (1,2,3 children), 12% (4 children), 13% (5 children), 14% (6 children)

BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living: No
Expenditures Measurement:
Low-Income: Yes
Medical Expenses: Yes
Parenting Time:
Poverty Level:
Price Level:
Subsequent Children:
Taxes:

Low-Income¹
SSR/LI Adjustment Amt: $990 net monthly for one person or FPL
Discretionary: No
SSR/LI Adjustment Application: Built into schedule which includes minimum $50/month for incomes equal or less than $990.
Deviation Criteria: N/A
Threshold Income: N/A
Limitations/Obligator Protections: N/A
Minimum Child Support Amount: $50 or 10% of net income, whichever is higher
Limitations on Minimum Child Support Amount: Yes
Notes: SSR is updated annually based on FPL for one person

Deviation Factors
Statute: Neb. Rev. Stat. § 4-203
1. Special needs exist
2.Extraordinary medical cost
3.Foster Care
4. Total net income exceeds $20,000/month
4.Unjust or inappropriate

Medical Expenses
Ordinary: $250 per child per year included in schedule
Extraordinary: Not defined

Childcare Expenses
Statute: Neb. Rev. Stat. § 4-214
Deviation factor. Considered independently of any child support. Value of federal income tax credit for child care is subtracted from actual child care costs.

Education Expenses
No provision

Modification
Statute: Neb. Rev. Stat. § 4-217
Allowed: When it would result in variation by 10% or more, but not less than $25 due to financial circumstances which have lasted 3 months and expected to last for an additional 6 months.
Increase: Cannot be increased due solely to increase in income of obligee Neb. Rev. Stat. § 4-219
Decrease: Cannot be decreased simply because of birth, adoption or acknowledgement of subsequent children Neb. Rev. Stat. § 4-219

Parenting Time
Statute: Neb. Rev. Stat. § 4-210
Adjustments: May be made at discretion of court when time substantially exceeds schedule and 28 days or more in any 90-day period

Termination⁵
Age of Majority: 19 years of age
Ends: 19 years of age
Statute: Neb. Rev. Stat. §43-2101; §42-371.01
College Support beyond Age of Majority: A district court in a dissolution action may not order child support beyond the age of the majority of a child over the objection of any parent absent a previous agreement between the parents. In this case, the parents’ prior agreement was enforced.
Exception for Adults with Disabilities:

Criminal Penalties for Nonpayment³
Source: Neb. Rev. Stat. § 28-706; Neb. Rev. Stat. § 28-106; Neb. Rev. Stat. § 28-105
Crime: Class II Misdemeanor; Class IV Felony (if in violation of court order)
Maximum Penalty: 6months, $1,000; 5years, $10,000

Interest and Arrears⁴
Arrears: Yes
Summary: Fixed at a rate equivalent yield of the average accepted auction price for the last auction of one-year Treasury bills.
Statute: Neb. Rev. Stat. § 45-103

License Restrictions for failing to pay Child Support²
Statute: Neb. Rev. Stat. § 43-3301 through 43-3326
Type: Driver’s, Occupational, Professional, Recreational, Business
Threshold: Arrears equal to three or more months, noncompliance with payment plan
Reinstatement: Obligator has 30 days from notice to request review.

State Contact
Name: Mr. Matt Wallen
Title: State Director
Email:
Phone Number: 1-877-631-9973 Option 2
Address: PO Box 94728, Lincoln, Nebraska 68509-4728

Links
Child Support Calculator
Child Support Guidelines
FindLaw

References
¹Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
²https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
³https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
⁴https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
⁵https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx