Child Support
Residency Requirements and Grounds for Divorce
Either you or your spouse must be a Nebraska resident for one year before filing for divorce. You can also file for divorce if you were married there and you or your spouse lived there since getting married. A divorce case begins when you or your spouse file a a petition for dissolution of marriage in the district court for the county where either of you live.
You can get divorced based on the no-fault ground of irretrievable breakdown of your marriage. This means there's no reasonable hope your marriage can go on. Other grounds are your spouse has a mental illness or lacks the capacity to consent to divorce.
Dividing the Property
A divorcing couple can decide how to divide assets and debts in a marital settlement agreement, which is approved by the court. If they can't agree, the court makes an equitable division of the marital property. This is a fair, but not necessarily equal division of the property acquired during marriage. Separate property acquired prior to marriage is kept by each spouse.
In deciding how to divide the marital property, judges consider the following factors:
- The circumstances of each spouse
- Marriage length
- The contributions to the marriage by each spouse
Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a Nebraska divorce lawyer and it can save you a lot of time and money.
Alimony
Alimony can be awarded to either spouse, as is reasonable. Alimony serves to provide support of one spouse by the other when appropriate. Courts consider these factors when deciding on alimony awards:
- The circumstances of both spouses
- Marriage length
- Contributions of each spouse to the marriage, including homemaking, child care, education and career building of the other spouse
- Any interruption of personal careers or education
- Whether working is possible based on child custody arrangements
The court can order temporary support and maintenance while the divorce is pending. You can seek to change or revoke an alimony order if based on good cause. However, a decree may not be modified to award alimony if not provided in the original divorce decree. Alimony terminates when either party dies or the recipient remarries.
Child Custody and Visitation
In Nebraska child custody and time spent with each parent is determined on the basis of the best interest of the minor child. The main goal is to allow the child an ongoing relationship with both parents. The parents can propose a parenting plan, subject to court approval. The court can order parents to try mediation if agreeing on a plan is difficult. If parents can't agree or don't propose a plan, the court decides on joint or sole custody based on these factors:
- The child's relationship with each parent before the divorce
- The child's wishes, if mature enough to express a preference
- The general health, welfare and social behavior of the child
- Any credible evidence of child or spousal abuse
Regardless of the custody determination of the court, both parents continue to have access to the child's education and medical records. Either parent may make emergency decisions affecting the child's health or safety while the child is in the physical custody of that parent pursuant to a visitation order.
After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. Subsequently, if a parenting plan modification is sought, you'll file a complaint to modify. The parenting plan may provide directions for handling disputes, or the court can order mediation or other alternative dispute resolution methods.
Child Support
In Nebraska, child support is determined according to the Nebraska Child Support Guidelines. The guidelines recognize both parents have a duty to provide support based on their net incomes. The amount of support based on the guidelines is presumed correct. A judge can order a different amount, and must provide reasons for the deviation. File a complaint to modify if you seek a change in support.
A child support obligation ends when any of the following occur, unless the court order specifically extends child support beyond these events:
- The child reaches age 19
- The child marries
- The child dies
- The child is emancipated by the court (has been released from parental control and supervision)
Questions for Your Attorney