Even if the non-custodial parent lives outside the state of Nebraska, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Nebraska child support law to collect regular and past-due payments.
The Nebraska Child Support Enforcement Program is the state-run child support enforcement office for Nebraska. The Nebraska Department of Health and Human Services is required by federal law to provide services through Child Support Enforcement Program (CSEP) and is funded by the federal government and the state of Nebraska.
|NEBRASKA CHILD SUPPORT ENFORCEMENT PROGRAM CASELOAD STATISTICS1|
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1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
In Nebraska, child support is considered a judgment. The interest rate on judgments is fixed at a rate equivalent yield of the average accepted auction price for the last auction of one year T-bills, and takes effect two weeks after the publication of the auction price by the Secretary of the Treasury. (Neb. Rev. Stat. §45-103)
There is no statute of limitations on child support enforcement Nebraska.
4 years after the child's birth if brought by the mother or alleged father; 18 years after the child's birth if brought by a guardian, next friend of child, or the state.
The age of emancipation in Nebraska is 19 years of age, unless the child marries, dies, or is emancipated by the court. (Neb. Rev. Stat. §43-2101 (1998) see also Neb. Rev. Stat. §42-371.01 (1998))
The monthly child support obligation in Nebraska is established in accordance with the provisions of the Nebraska Child Support Guidelines unless the court finds that one or both parties have sufficient evidence to rebut the presumption that the guidelines should be applied. Deviations from the guidelines are permissible under the following circumstances: When there are extraordinary medical costs of either parent or child; when special needs of a disabled child exist; if total net income exceeds $10,000 monthly, child support for amounts in excess of $10,000 monthly may be more but shall not be less than the amount which would be computed using the $10,000 monthly income unless other permissible deviations exist; for juveniles placed in foster care; or whenever the application of the guidelines in an individual case would be unjust or inappropriate.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.