When a parent fails to pay court-ordered child support in Nebraska, the state deploys aggressive enforcement measures including wage garnishment up to 65% of disposable income, driver's license suspension after 3 months of arrears, federal tax refund intercepts, and potential jail time of up to 6 months for contempt of court under Neb. Rev. Stat. § 42-358. Nebraska has no statute of limitations on collecting unpaid child support, meaning arrears remain collectible indefinitely regardless of the child's age. The Nebraska Department of Health and Human Services Child Support Enforcement (CSE) program processes enforcement actions, and parents owing more than $2,500 face federal passport denial. In 2024, the federal Passport Denial Program collected $30 million nationally from noncompliant parents.
Key Facts: Nebraska Child Support Enforcement
| Category | Details |
|---|---|
| Wage Garnishment Limit | 50-65% of disposable earnings |
| Filing Fee for Contempt Motion | $0 (no filing fee for Affidavit and Application) |
| License Suspension Trigger | 3 months of unpaid support |
| Passport Denial Threshold | $2,500 in arrears |
| Interest on Arrears | Variable rate tied to T-bill yield (currently ~6.37%) |
| Criminal Nonsupport | Class II misdemeanor; Class IV felony if violating court order |
| Statute of Limitations | None — arrears collectible indefinitely |
| Support Duration | Until child turns 19 years old |
How Nebraska Enforces Child Support Enforcement
Nebraska's child support enforcement Nebraska system operates through the Department of Health and Human Services Child Support Enforcement (CSE) division, which uses administrative and judicial tools to collect unpaid child support from delinquent parents. Under Neb. Rev. Stat. § 43-512.03, the CSE has authority to pursue enforcement without requiring the custodial parent to file separate court actions. The agency processed over 90,000 child support cases in 2024, collecting more than $290 million in payments statewide. Nebraska's enforcement success rate exceeds 70% for cases with wage withholding orders in place.
The CSE employs multiple enforcement mechanisms simultaneously, including income withholding, tax refund intercepts, credit bureau reporting, license suspensions, and property liens. When administrative remedies prove insufficient, the agency or custodial parent may pursue contempt of court actions that can result in incarceration. Nebraska courts view child support as a fundamental obligation, and judges have broad discretion to impose penalties designed to compel compliance rather than simply punish nonpayment.
Wage Garnishment for Unpaid Child Support in Nebraska
Wage garnishment child support represents Nebraska's primary enforcement tool, with employers required to withhold support payments directly from the paying parent's paycheck under Neb. Rev. Stat. § 43-1718. Federal law under the Consumer Credit Protection Act (15 U.S.C. § 1673) sets the maximum withholding limits, which Nebraska enforces at 50-65% of disposable earnings depending on the obligor's circumstances. A parent supporting a current spouse or other children faces a 50% limit, while a parent without such obligations may have up to 60% withheld. These limits increase by an additional 5% for parents more than 12 weeks in arrears.
Nebraska wage garnishment for child support takes priority over all other garnishment types, including credit card judgments, medical debt collections, and tax levies. Under Neb. Rev. Stat. § 25-1558, employers cannot discharge employees solely because their wages are garnished for child support. The Income Withholding for Support order (IWO) directs employers to begin withholding within 7 days of receipt and remit payments to the Nebraska Child Support Payment Center. Employers who fail to comply face penalties of $50-$500 per violation plus liability for amounts they should have withheld.
Wage Garnishment Limits by Situation
| Obligor's Circumstances | Maximum Garnishment | Additional for 12+ Weeks Arrears |
|---|---|---|
| Supporting current spouse/children | 50% | +5% = 55% |
| Not supporting others | 60% | +5% = 65% |
| Multiple support orders | Prorated based on combined obligations | Same limits apply |
Contempt of Court for Nonpayment
Contempt child support proceedings allow Nebraska courts to hold noncompliant parents in contempt for willfully violating support orders, with penalties including fines and incarceration up to 6 months under Neb. Rev. Stat. § 42-358. The custodial parent initiates contempt by filing an Affidavit and Application for Order to Show Cause (Form DC 6:5.20) with the district court clerk, which requires no filing fee. However, the petitioner must pay sheriff's service costs unless granted a fee waiver through the Proceeding Without Payment of Fees packet available from the court.
Once the court issues an Order to Show Cause, the delinquent parent must appear and explain why they should not be held in contempt. The burden shifts to the obligor to prove inability to pay rather than simply unwillingness. In State ex rel. Matzke v. Matzke, the Nebraska Supreme Court upheld incarceration for repeated nonpayment where the obligor demonstrated no good-faith effort to comply. Judges typically offer purge conditions allowing the contemnor to avoid jail by establishing a payment plan that addresses both current support and child support arrears accumulated during nonpayment.
Because contempt can result in incarceration, courts may appoint counsel for indigent respondents who demonstrate inability to afford representation. The appointed attorney's role focuses on procedural protections rather than defending the underlying support obligation. Courts view contempt as remedial rather than punitive, meaning the purpose is compelling compliance rather than punishment. Once the obligor complies with purge conditions, they obtain release from any jail sentence imposed.
License Suspension for Child Support Arrears
Nebraska suspends driver's licenses, professional licenses, and recreational licenses (hunting and fishing) when a parent falls 3 or more months behind on support payments under the License Suspension Act codified at Neb. Rev. Stat. § 43-3318. The Legislature determined that license suspension effectively motivates compliance, particularly for self-employed individuals and non-wage earners who cannot be reached through traditional wage garnishment. The Department of Health and Human Services certifies delinquent obligors to the Department of Motor Vehicles and relevant licensing boards.
The suspension process begins with written notice to the license holder, providing 10 working days to come into compliance before the driver's license suspension takes effect. If the parent fails to respond, the DMV suspends the license and the CSE may then pursue recreational and professional license suspensions. Professional licenses subject to suspension include nursing, real estate, contracting, and law licenses. The Nebraska State Bar Association Counsel for Discipline receives certifications for attorney licensees.
Reinstatement requires the obligor to obtain a Notice of Compliance from the Director of Health and Human Services in Lincoln, which the Central Child Support Office submits electronically once the parent establishes compliance. The DMV charges a $50 reinstatement fee in addition to bringing the support account current. Compliance may involve paying arrears in full, entering an approved payment plan, or demonstrating changed circumstances warranting modification.
Tax Refund Intercepts and Federal Offsets
Nebraska intercepts state and federal tax refunds to satisfy unpaid child support obligations under the Federal Tax Refund Offset Program administered by the Office of Child Support Enforcement (OCSE). When a parent falls 3 or more months behind, the CSE submits the case for intercept, capturing any refund due and applying it to child support arrears. The federal offset program intercepts refunds from IRS tax returns, federal salary payments, and Social Security benefits (excluding Supplemental Security Income).
Joint tax filers married to a delinquent parent may file an Injured Spouse Claim (IRS Form 8379) to recover their portion of a seized refund. Nebraska notifies obligors before intercept through a Pre-Offset Notice explaining the amount owed, the offset programs in effect, and procedures for contesting the action. In fiscal year 2024, Nebraska collected approximately $28 million through tax intercepts alone, representing roughly 10% of total child support collections. The federal offset program provides a passive enforcement mechanism requiring no court action by the custodial parent.
Passport Denial for Substantial Arrears
Parents owing more than $2,500 in child support arrears face federal passport denial or revocation under 42 U.S.C. § 652(k), as enforced through Nebraska's certification to the U.S. Department of State. Nebraska Administrative Code 466, Chapter 9, Section 010 requires the CSE to certify qualifying IV-D cases (those receiving enforcement services) regardless of whether the obligor has entered a payment plan. The U.S. State Department adds certified individuals to the Consular Lookout Support System (CLASS), blocking passport issuance or renewal.
The passport denial program has collected nearly $621 million since inception, with $30 million recovered in 2024 alone. Certification continues after the child reaches majority age and remains in effect until arrears are paid in full. State law does not require removal from the program when arrears fall below $2,500, though Nebraska reviews cases individually. Obligors with urgent travel needs should anticipate a minimum 2-3 week processing time for removal even after satisfying the debt. This enforcement mechanism proves particularly effective against self-employed individuals and those with assets but irregular income who may evade wage garnishment.
Property Liens and Bank Account Levies
Nebraska places liens on real property owned by delinquent parents, preventing sale or refinancing until child support arrears are satisfied. Under Neb. Rev. Stat. § 43-512.07, unpaid support constitutes a continuing debt that attaches to property interests. The CSE files liens with county registers of deeds, creating a cloud on title that appears in title searches. Liens remain in effect until the obligor pays all arrears in full or the custodial parent releases the lien.
Bank account levies (garnishments) allow Nebraska to seize funds directly from checking, savings, and investment accounts. The CSE issues an administrative levy without requiring court action, freezing accounts and capturing available funds up to the amount owed. Financial institutions must comply within 30 days of receiving the levy notice. Levies may capture joint accounts where the obligor has an ownership interest, though co-owners may claim their share by demonstrating separate contributions to the account.
Credit Bureau Reporting
The Nebraska Child Support Payment Center reports unpaid balances exceeding $500 to the three major credit bureaus—Equifax, Experian, and TransUnion—under federal reporting requirements. Negative credit reporting damages credit scores by 50-100 points or more, affecting the obligor's ability to obtain mortgages, auto loans, credit cards, and rental housing. Many employers conduct credit checks as part of hiring decisions, meaning child support arrears can impact employment prospects.
Credit reporting provides both enforcement pressure and public notice of the obligation. Arrears remain on credit reports for 7 years from the date reported, continuing to impact creditworthiness long after payments resume. The only way to remove accurate child support debt from credit reports is to pay the balance in full, at which point the status updates to "paid" but the account history remains visible. Nebraska reports arrears regardless of whether the obligor disputes the amount, though obligors may add a 100-word consumer statement explaining their position.
Criminal Nonsupport Charges
Nebraska prosecutes willful failure to pay child support as criminal nonsupport under Neb. Rev. Stat. § 28-706, which defines the offense as intentionally failing, refusing, or neglecting to provide support the person knows or should know they are legally obligated to provide. Criminal nonsupport is typically a Class II misdemeanor punishable by up to 6 months in jail and a $1,000 fine. However, the offense elevates to a Class IV felony—punishable by up to 2 years imprisonment and a $10,000 fine—when committed in violation of any court order.
Prosecutors must prove intent, meaning willful or purposeful nonpayment rather than inability to pay. The State need not prove ability to pay, but defendants may present evidence of inability to disprove intent. The Nebraska Supreme Court has held that imprisonment for nonsupport does not constitute imprisonment for debt prohibited by Article 1, Section 20 of the Nebraska Constitution, nor does it constitute cruel and unusual punishment. Federal prosecution under the Deadbeat Parents Punishment Act (18 U.S.C. § 228) applies to obligors who flee across state lines to avoid payment or who owe more than $5,000 in past-due support.
Interest on Child Support Arrears
All delinquent child support payments in Nebraska accrue interest at the rate specified in Neb. Rev. Stat. § 45-103, calculated as simple interest from the due date of each missed payment. The interest rate is tied to the yield of the average accepted auction price for the last auction of one-year Treasury bills, currently approximately 6.37% annually. Nebraska computes interest as simple rather than compound interest, meaning interest accrues only on principal owed and not on accumulated interest.
Payment application follows statutory priority: first to current month support, then to past-due support principal, and finally to accrued interest. Obligors who pay more than the current month's obligation see the excess applied to arrears before interest. The interest rate in effect is determined by the date of the most recent order or decree, so obligors with older orders may face different rates than those with recently-entered orders. The district court clerk maintains interest rate charts, and the Nebraska Supreme Court website publishes current rates.
Modification During Financial Hardship
Parents experiencing genuine inability to pay may petition for modification of their child support order under Neb. Rev. Stat. § 42-364 rather than simply stopping payment and accumulating arrears. Nebraska requires a material change of circumstances—such as job loss, disability, or significant income reduction—to justify modification. The parent must file a Complaint for Modification with the district court and serve the other parent, who may contest the request. Courts examine income documentation, employment efforts, and other relevant factors in determining whether modification is appropriate.
Modification applies prospectively from the date of filing, meaning it does not reduce previously-accumulated arrears. Parents who anticipate income changes should file for modification promptly rather than waiting for arrears to accumulate. The filing fee for modification varies by county but typically ranges from $100-$200. Parents receiving IV-D enforcement services may request modification assistance through the CSE without hiring private counsel. Courts may deny modification if the parent voluntarily reduced income (such as quitting a job to avoid support) or failed to seek appropriate employment.
Working with Nebraska Child Support Enforcement
Custodial parents in Nebraska can open a IV-D case with the Department of Health and Human Services Child Support Enforcement program at no cost, gaining access to the full range of administrative and judicial enforcement tools. The CSE locates absent parents, establishes paternity, obtains and enforces support orders, and collects and distributes payments through the Nebraska Child Support Payment Center. Applications are available online at the DHHS website or at local CSE offices throughout the state.
The CSE charges no fees for IV-D services except an annual $35 federal fee assessed when collections exceed $550 in a year for cases that never received public assistance. All payments flow through the centralized Payment Center rather than directly between parents, creating an official record of payments and defaults. The Payment Center accepts payments by check, money order, electronic funds transfer, and credit/debit card. Obligors may set up automatic payments to ensure timely compliance and avoid enforcement actions triggered by late or missed payments.
FAQs: Nebraska Child Support Enforcement
How long can Nebraska collect unpaid child support?
Nebraska has no statute of limitations on collecting unpaid child support, meaning arrears remain collectible indefinitely regardless of the child's age or the time elapsed since the obligation arose. Even after support terminates when the child turns 19, the state continues pursuing accumulated arrears through all available enforcement methods until paid in full.
What percentage of wages can Nebraska garnish for child support?
Nebraska can garnish 50-65% of a parent's disposable earnings for child support depending on circumstances. Parents supporting a current spouse or other children face a 50% limit, while those without such obligations may have up to 60% withheld. Both limits increase by 5% for parents more than 12 weeks in arrears.
Can I go to jail for not paying child support in Nebraska?
Yes, Nebraska can jail parents for up to 6 months for contempt of court when they willfully refuse to pay child support under Neb. Rev. Stat. § 42-358. Criminal nonsupport under Neb. Rev. Stat. § 28-706 may result in misdemeanor or felony charges with potential incarceration of 6 months to 2 years.
How much do I have to owe before Nebraska suspends my license?
Nebraska suspends driver's, professional, and recreational licenses when a parent falls 3 or more months behind on child support payments. There is no specific dollar threshold—the trigger is the time period of delinquency rather than the amount owed. Reinstatement requires a Notice of Compliance from DHHS and a $50 DMV fee.
Will unpaid child support affect my passport?
Yes, the federal Passport Denial Program prevents passport issuance or renewal for parents owing more than $2,500 in child support arrears. Nebraska certifies qualifying cases to the U.S. State Department regardless of whether the parent has a payment plan. Removal requires full payment and takes a minimum of 2-3 weeks to process.
Does Nebraska charge interest on unpaid child support?
Yes, all delinquent child support in Nebraska accrues simple interest at a rate tied to one-year Treasury bill yields, currently approximately 6.37% annually. Interest accrues from the due date of each missed payment under Neb. Rev. Stat. § 42-358.02. The rate in effect is determined by the date of the most recent court order.
Can Nebraska take my tax refund for unpaid child support?
Yes, Nebraska intercepts state and federal tax refunds to satisfy child support arrears through the Federal Tax Refund Offset Program. The CSE submits cases for intercept when a parent falls 3 or more months behind. Joint filers may file IRS Form 8379 (Injured Spouse Claim) to recover their portion of seized refunds.
How do I report unpaid child support in Nebraska?
Custodial parents can report nonpayment by contacting the Nebraska Department of Health and Human Services Child Support Enforcement program at 1-800-831-4573 or opening a IV-D case at a local CSE office. The CSE provides free enforcement services including wage garnishment, tax intercepts, license suspension, and contempt actions.
What happens if the other parent moves out of state?
Nebraska enforces child support orders against parents who relocate through the Uniform Interstate Family Support Act (UIFSA), which allows states to work together on enforcement. The Nebraska CSE can request enforcement assistance from the other state's child support agency, or Nebraska courts can assert continuing jurisdiction over the original order.
Can I modify child support if I lose my job?
Yes, Nebraska allows modification for material changes in circumstances such as job loss, disability, or significant income reduction under Neb. Rev. Stat. § 42-364. You must file a Complaint for Modification with the district court rather than simply stopping payments. Modification applies only from the filing date forward and does not reduce existing arrears.
Protecting Your Rights in Enforcement Proceedings
Both custodial and noncustodial parents have rights in child support enforcement proceedings that Nebraska courts must respect. Obligors facing contempt have the right to notice of charges, opportunity to respond, and potential appointed counsel if indigent. Custodial parents have the right to pursue enforcement through the CSE at no cost and to file private contempt actions when agency enforcement proves insufficient. Both parties may request modification when circumstances change rather than allowing arrears to accumulate.
Parents who believe support orders contain errors or who face legitimate inability to pay should take proactive steps before enforcement escalates. Filing for modification, documenting job search efforts, and maintaining communication with the CSE demonstrate good faith that courts consider when determining whether contempt is willful. Conversely, hiding income, working under the table, or fleeing the state suggests willfulness that invites aggressive enforcement including criminal prosecution.
This guide provides general information about child support enforcement in Nebraska as of January 2026. Child support enforcement involves complex legal procedures that vary based on individual circumstances. Consult with a Nebraska family law attorney for advice specific to your situation.
Written by Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Nebraska divorce law