Nebraska Child Support
 Nebraska
divorce laws require that if you are petitioning the court for a dissolution of marriage or legal separation in Nebraska,
it must include specific child support provisions, and the court will require you to include a parenting plan for children
of the marriage. The court will determine the amount of child support to be paid by a parent based upon the earning capacity
of each parent and the guidelines provided. Nebraska child support paid to the party having custody of the
minor child will be the property of that parent. You
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will be afforded the opportunity to create your own Parenting
Plan (Visitation or custody),
but if you and your divorcing spouse cannot reach agreement, the court will determine child support. Courts can accept your
plan, change your plan, or in extreme cases, place your minor child in the custody of the court or third parties or terminating
parental rights if the best interests of the minor child require such orders. Child custody and time spent with each parent
will be determined on the basis of the best interests of the minor child with the objective of maintaining the ongoing involvement
of both parents in the minor child's life.
In determining custody arrangements and the time to be spent with each parent, the court
will follow Nebraska child support laws and consider the best interests of the minor child:
 The relationship of the minor child
to each parent,
The desires and wishes of the minor
child if of an age of comprehension,
The general health, welfare, and social
behavior of the minor child and
Credible evidence of abuse inflicted
on any family or household member.
The court will not give preference to either parent based on the sex of the parent and nor make any presumption
that either parent is more fit or suitable than the other. Regardless of the custody determination of the court, each parent
will continue to have full and equal access to the education and medical records of his or her child unless the court orders
to the contrary, and either parent may make emergency decisions affecting the health or safety of his or her child while
the child is in the physical custody of that parent.
The court will determine the amount of child support to be paid by a parent based upon the earning capacity
of each parent and the guidelines provided. Child support paid to the party having custody of the minor child will be the
property of that parent. Nebraska child support terminates at age 19.
Custody of minor children will be determined on the basis of their best interests. Courts may consider
factors such as the moral fitness of the child's parents [including the parents' sexual conduct]; respective environments
offered by each parent; the emotional relationship between child and parents; the age, sex, and health of the child and parents;
the effect on the child as the result of continuing or disrupting an existing relationship; the attitude and stability of
each parent's character; parental capacity to provide physical care and satisfy educational needs of the child; the child's
preferential desire regarding custody if the child is of sufficient age of comprehension regardless of chronological age,
and when such child's preference for custody is based on sound reasons; and the general health, welfare, and social behavior
of the child.
If a marriage separation (sometimes referred to as a marital separation or legal separation) has been
decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance,
and education of minor children, by either spouse, or out of the property of either spouse, as the court deemed appropriate.
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 Visitation
Co Parenting
Nebraska divorce laws allow for the parties to agree on a Parenting
Plan and
Visitation Schedule that accommodates them
both; in particular when the non-custodial parent will have the children in his or her charge. If the parents are unable
to complete and present a plan, the court will intercede and stipulate a schedule. In either case you should consider including
the following into your visitation agreement: [How
is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday
does the child spend with you? What time and where may the other
parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are
running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away
may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?]
The court's plan is likely to include the following: alternate weekend visitation (3-day weekends included),
mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve,
Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate
years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication
by phone and computer.
Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You
set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child
Custody Strategies.
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 Spousal Support
Alimony
Maintenance
The court may order payment of alimony by one party to the
other and may order division of property as may be reasonable. In consideration will be 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. Reasonable security for payment may be required by the court. Alimony orders ( also referred
to as spousal support or maintenance) will terminate upon the death of either party or the remarriage of the recipient.
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Grounds For Divorce
Looking for a no-fault divorce? "Irretrievably broken" will be accepted as grounds
for divorce if you both state under oath that the marriage is indeed irretrievably broken, or one of you makes this claim and the other
does not deny it. If one of you has denied under oath that the marriage is irretrievably broken,
the court will consider all relevant factors, including the circumstances that gave rise to the filing of the complaint
and the prospect of reconciliation, and will make a finding whether the marriage is irretrievably broken.
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Marriage Annulment
Marital Annulment
Marriage annulment is the courts decree that the marriage never existed or is void
or invalid. In order to receive an annulment in Nebraska, one needs to petition the court, cite grounds for the annulment, and provide proof of those grounds. Grounds for annulment in Nebraska include:
Bigamy- someone married while
already married to another,
Mental Illness- your spouse is
mentally ill and there is little or no hope for recovery,
Consanguinity- marrying someone
too closely related e.g. parents, Uncles, Aunts, sons, in-laws, etc.
Underage Marriage- married under
the age of 15, and
Fraud and Duress- either were
threatened or forced into a marriage.
Any of these grounds will, upon proof, place your marriage in a position for marital annulment.
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 Mediation
Marriage Counseling
A final divorce decree will not be entered unless the court finds that every reasonable effort to effect
reconciliation has been made. The court may refer the parties to qualified marriage counseling or family service agencies,
or other persons or agencies determined by the court to be qualified to provide conciliation services if the court finds
that there appears to be some reasonable possibility of a reconciliation.
In no case will the court order marriage counseling if only one of the parties to the dissolution (or his or her attorney)
make the request. Costs to mediation will be borne by the parties, or, absent an agreement to sharing
the costs, assigned by the court to the parties. Any party to a divorce action involving minor children or an action involving
child custody or visitation may be required to complete a parenting education course prior to the entry by the court of a
final judgment or order modifying the final judgment.
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 Legal Separation
Marriage
Separation
A legal separation or marriage separation is a legal process much like
the divorce process; one needs to petition the court, with grounds, that the plaintiff in a marriage wishes to receive
a legal separation. This is processed with a formal separation agreement that is submitted and approved by the court, and
covers the same issues that a divorce does. Resolved issues in the separation agreement will include support and maintenance
for spouse and children and the disposition of marital assets. A legal separation is
often sought by one of the parties that wants to terminate the relationship but wishes that the marital status not be interrupted
for religious or health care insurance coverage reasons.
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Waiting Period
There is a sixty day mandatory minimum waiting period from the filing of the action
(or a voluntary appearance is filed) before the court will grant a dissolution (divorce decree).
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 Divorce Settlement
Distribution of Assets
With the dissolution of marriage or legal separation, the court will order the division of property if the
parties have been unable to reach a divorce settlement of marital assets and debts. It will consider the circumstances of
the parties, length 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.
If one of you stayed home to raise children while the other maintained a career, it is assumed that the stay-at-home spouse
made an equal contribution to the marital assets.
Did you come into this marriage owning a house? Concerned about the equity in that house that you brought
into the marriage? Worried that property you brought into the marriage may be subject to a divorce settlement? Here's how
it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the
property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half
of that appreciation to your spouse in the divorce.
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Residency Requirements
Petitions for dissolution of marriage will be considered only if at least one of the parties has established
residency in this state for at least one year prior to the filing of the complaint, or unless the marriage took place in
this state and either party has resided in this state from the time of marriage to filing the complaint. Persons serving
in the armed forces who have been continuously stationed at any military base or installation in Nebraska for one year or,
if the marriage was solemnized in this state, or have resided in this state from the time of marriage to the filing of the
complaint will qualify as residents.
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