Answer
Child support ends in Nebraska when a child reaches age 19 under Neb. Rev. Stat. § 42-371.01. Nebraska is one of only a few states where the age of majority for child support purposes is 19 rather than 18. Child support also terminates if the child marries, dies, or is emancipated by court order. Nebraska courts cannot order support beyond age 19, even for college expenses or disability, unless both parents voluntarily agree.
| Key Fact | Detail |
|---|---|
| Child Support End Age | 19 years old |
| Filing Fee (Divorce) | $164.00 (as of July 2025) |
| Filing Fee (Modification) | $65.00 (as of July 2025) |
| Waiting Period | 60 days after service |
| Residency Requirement | 1 year bona fide residence |
| Grounds for Divorce | No-fault only (irreconcilable differences) |
| Property Division | Equitable distribution |
| College Support | Not court-ordered; voluntary only |
| Support Model | Income Shares Model |
| Minimum Support | $50/month or 10% of net income |
Nebraska Child Support Termination Age: 19, Not 18
Nebraska requires child support payments to continue until a child reaches age 19, making it one of approximately 5 states that extend support beyond the child's 18th birthday. Under Neb. Rev. Stat. § 42-371.01, a parent's duty to pay child support terminates when the child reaches 19, marries, dies, or is emancipated by court order. This law applies to all child support orders issued by Nebraska district courts regardless of when the original order was entered.
The distinction between age 18 and age 19 catches many Nebraska parents off guard. In most states, child support ends at 18 or upon high school graduation, whichever comes later. Nebraska takes a different approach by setting the termination age at 19 without any graduation contingency. A child who drops out of high school at age 16 still receives support until turning 19 under Nebraska law. Conversely, a child who graduates high school at 17 continues receiving support for approximately 2 more years.
Parents who stop paying child support when their child turns 18 risk accumulating arrears that remain enforceable indefinitely under Nebraska law. Neb. Rev. Stat. § 42-371.01(2) explicitly states that termination of the support obligation does not relieve the obligor of any unpaid child support obligations owed or in arrears at the time of termination.
How to File for Child Support Termination in Nebraska
The formal process for terminating child support in Nebraska requires filing an Application and Affidavit (Form DC 6:2) with the clerk of the district court where the support order was entered, along with a $65.00 modification filing fee as of July 2025. The clerk then provides notice to the custodial parent, who has 30 days to file a written objection. If no objection is filed within 30 days, the court may terminate support without a hearing.
Nebraska provides three standardized court forms for termination proceedings:
- DC 6:2 (Application and Affidavit to Obtain Termination of Child Support)
- DC 6:2.1 (Waiver of Notice on Termination, used when the custodial parent consents)
- DC 6:2.2 (Proposed Order Terminating Child Support)
The filing parent must attach a certified copy of the child's birth certificate showing the child has reached age 19, or alternatively a marriage license, death certificate, or emancipation order depending on the termination ground. If the original court order accurately states the child's date of birth, termination may be processed automatically without filing these forms. However, filing the formal paperwork provides a definitive court order confirming the obligation has ended.
Fee waivers are available for parents who meet income eligibility requirements using Nebraska court form DC 6:14(6). Parents can access all required forms through the Nebraska Judicial Branch Self-Help Center at nebraskajudicial.gov/self-help/families-children/child-support-termination.
Four Events That End Child Support in Nebraska
Nebraska law identifies exactly 4 events that terminate a parent's child support obligation under Neb. Rev. Stat. § 42-371.01(1). Each event triggers a distinct termination process with specific documentation requirements, and the obligor bears the burden of proving the triggering event occurred.
Reaching Age 19
Child support automatically terminates when the child reaches age 19, which is Nebraska's statutory age of majority for support purposes. The obligor must file Form DC 6:2 with a certified copy of the child's birth certificate confirming the child's age. Approximately 90% of Nebraska child support terminations occur through this mechanism.
Marriage of the Child
If a minor child marries before age 19, child support terminates on the date of marriage. The obligor must provide a certified copy of the marriage license with the termination application. Nebraska allows minors age 17 and older to marry with parental consent under Neb. Rev. Stat. § 42-102.
Death of the Child
Child support terminates upon the child's death. The obligor files a certified copy of the death certificate with the termination application. Any arrears accrued before the date of death remain enforceable.
Court-Ordered Emancipation
A Nebraska minor who is at least 16 years old may petition for emancipation under Neb. Rev. Stat. § 43-4801 through § 43-4812. The minor must demonstrate financial self-sufficiency, maturity to manage personal affairs, and commitment to education or employment. The court holds a hearing between 45 and 60 days after the petition is filed, and the minor must prove the case by clear and convincing evidence. Emancipation terminates the parent's child support obligation from the date of the court order.
Nebraska Does Not Order Child Support for College
Nebraska courts have no authority to order either parent to contribute to a child's post-secondary education costs, distinguishing Nebraska from approximately 16 states that permit court-ordered college support. Under Nebraska law, the child support obligation ends at age 19 with no extension for college enrollment. A Nebraska judge cannot order a parent to pay tuition, room and board, textbooks, or any other higher education expenses regardless of the parent's financial resources or the child's academic performance.
Parents may voluntarily agree to fund college expenses through a written agreement incorporated into their divorce decree or separation agreement. Such agreements are enforceable as contracts but are not child support orders subject to wage garnishment or contempt proceedings. The Nebraska Supreme Court has repeatedly confirmed that courts lack jurisdiction to extend support beyond the statutory termination age absent voluntary parental agreement.
This policy affects approximately 32,000 Nebraska children whose parents divorce before the child reaches college age. Parents negotiating divorce settlements should address college funding explicitly in their property settlement agreements if they wish to establish binding educational support obligations.
Child Support for Disabled Adult Children in Nebraska
Nebraska does not permit courts to order continued child support for disabled adult children beyond age 19 if either parent objects, making Nebraska one of the most restrictive states for disabled adult child support. Under the current statutory framework, Neb. Rev. Stat. § 42-371.01 sets no exception for physical or mental disability. The support obligation terminates at 19 regardless of the child's functional capacity.
This stands in contrast to approximately 30 states that authorize courts to order indefinite child support when an adult child has a severe disability that prevents self-support. In Nebraska, parents who wish to provide ongoing financial support for a disabled adult child must do so through voluntary agreement. Options include establishing a special needs trust, entering a written support agreement during divorce proceedings, or applying for Supplemental Security Income (SSI) and Medicaid benefits through federal disability programs.
Parents of children with disabilities should address long-term support planning during the divorce process. A special needs trust can preserve the child's eligibility for government benefits while providing supplemental financial support funded by either or both parents. Nebraska estate planning attorneys can structure these trusts to complement rather than displace public benefits.
How Nebraska Calculates Child Support Amounts
Nebraska uses the Income Shares Model to calculate child support, combining both parents' net incomes and allocating the total support obligation proportionally based on each parent's income share. The Nebraska Supreme Court Child Support Guidelines under Neb. Rev. Stat. § 42-364.16 establish these calculations as a rebuttable presumption, meaning a court may deviate only upon finding that application of the guidelines would be unjust.
The calculation follows 6 steps under Nebraska Supreme Court Rules Chapter 4, Article 2:
- Determine each parent's gross monthly income (Rule 4-204)
- Subtract allowable deductions including Social Security contributions, retirement contributions up to 4% of income, health insurance premiums, and support for other children (Rule 4-205)
- Calculate each parent's net monthly income
- Combine both parents' net incomes
- Find the basic child support obligation on Table 1 (Form DC 6:1.7) based on combined income and number of children
- Allocate the obligation proportionally based on each parent's percentage of combined income (Rule 4-207)
| Factor | Rule |
|---|---|
| Gross income calculation | Rule 4-204 |
| Allowable deductions | Rule 4-205 |
| Proportional share | Rule 4-207 |
| Minimum support | Rule 4-209: $50/month or 10% of net income |
| Split custody adjustment | Rule 4-211 (Worksheet 2) |
| Joint physical custody | Rule 4-212 (Worksheet 3) |
| Childcare costs | Rule 4-214 |
| Health insurance | Rule 4-215 |
| Basic subsistence floor | Rule 4-218: $1,304/month net (updated Jan. 2025) |
Nebraska sets a minimum child support amount of $50 per month or 10% of the obligor's net income, whichever is greater, under Rule 4-209. The basic subsistence limitation under Rule 4-218 protects low-income obligors by preventing child support from reducing their net monthly income below $1,304, a threshold updated in January 2025 based on federal poverty guidelines.
Modifying Child Support Before It Ends
Either parent may petition to modify child support at any time by demonstrating a material change in circumstances under Neb. Rev. Stat. § 42-364. The filing fee for a child support modification in Nebraska is $65.00 as of July 2025. Common grounds for modification include job loss, significant income change, change in custody arrangements, or changes in the child's needs such as medical expenses or childcare costs.
Nebraska courts apply the guidelines recalculation test: if the recalculated amount under current guidelines differs from the existing order by 10% or more, the court generally treats this as a sufficient material change to justify modification. The Nebraska Child Support Advisory Commission completed its quadrennial review in 2024 and recommended no changes to the guidelines or income tables, with the next review scheduled for 2028.
The modification process requires filing a Complaint to Modify in the district court that issued the original support order. Both parents must complete updated Child Support Guidelines Worksheets reflecting current income and expenses. The court may order income verification through tax returns, pay stubs, and employer statements. A parent who has experienced involuntary job loss should file for modification promptly rather than allowing arrears to accumulate, because Nebraska courts cannot retroactively reduce child support obligations to a date before the modification petition was filed.
Recent Legislative Changes Affecting Child Support
LB233, passed unanimously (46-0) by the Nebraska Legislature in 2024, allows custodial parents receiving Aid to Dependent Children (ADC) to also receive up to $100 of child support for one child and $200 for two or more children without reducing their ADC benefit. This change takes effect July 1, 2027, and affects approximately 8,000 Nebraska families receiving public assistance.
LB150 (2025) introduced changes to paternity action procedures effective June 5, 2025, affecting how child support is established in cases where parentage is contested.
Enforcing Child Support Arrears After Termination
Child support arrears remain fully enforceable after the support obligation terminates at age 19 in Nebraska. Under Neb. Rev. Stat. § 42-371.01(2), termination of the ongoing duty to pay does not forgive any unpaid support that accumulated during the child's minority. Nebraska has no statute of limitations on collecting child support arrears, meaning a custodial parent or the state may pursue collection of back child support indefinitely.
Enforcement mechanisms available for collecting arrears include:
- Wage garnishment through income withholding orders
- Interception of federal and state tax refunds
- Suspension of driver's license, professional licenses, and hunting/fishing permits
- Passport denial for arrears exceeding $2,500
- Bank account levies and property liens
- Contempt of court proceedings carrying potential jail time of up to 6 months
- Credit bureau reporting
Nebraska's Title IV-D child support enforcement program, administered by the Nebraska Department of Health and Human Services, provides enforcement services at no cost to custodial parents regardless of whether they receive public assistance. The program collected approximately $318 million in child support payments statewide in federal fiscal year 2023.
Obligors who owe arrears should not assume that the obligation disappears when the child turns 19. Courts regularly enter judgments for accumulated arrears that accrue interest at the statutory rate. A parent owing $10,000 in arrears at termination will continue to owe that full amount plus interest until paid in full.
Nebraska Divorce Filing Requirements
Filing for divorce in Nebraska requires at least one spouse to have maintained actual residence in the state with bona fide intent to make Nebraska their permanent home for at least 1 year prior to filing under Neb. Rev. Stat. § 42-349. The filing fee for divorce is $164.00 as of July 2025, which includes a $50 mediation fee, $25 child abuse prevention fee, and $35 docket fee among other components. Nebraska is a pure no-fault divorce state where the only available ground is irreconcilable differences leading to the irretrievable breakdown of the marriage under Neb. Rev. Stat. § 42-361.
Two waiting periods apply to Nebraska divorces. First, no final hearing or decree may be entered until 60 days after the date of service on the respondent under Neb. Rev. Stat. § 42-363. Second, the divorce decree becomes final and operative 30 days after entry under Neb. Rev. Stat. § 42-372.01. For purposes of remarriage, the decree does not become operative until 6 months after entry.
| Timeline | Duration |
|---|---|
| Residency requirement | 1 year (or since marriage if married in NE) |
| Waiting period after service | 60 days |
| Decree becomes final | 30 days after entry |
| Remarriage eligibility | 6 months after entry |
| Uncontested divorce (typical) | 3-4 months total |
| Contested divorce (typical) | 8-18 months total |
An exception to the 1-year residency requirement exists for couples who were married in Nebraska: either spouse may file if they have resided in Nebraska continuously from the date of marriage to the date of filing, even if that period is less than 1 year. Active-duty military personnel stationed at a Nebraska base for at least 1 year also qualify to file.
Frequently Asked Questions
When does child support end in Nebraska?
Child support ends in Nebraska when the child reaches age 19 under Neb. Rev. Stat. § 42-371.01. Nebraska is one of approximately 5 states that set the child support termination age at 19 rather than 18. Support also ends upon the child's marriage, death, or court-ordered emancipation before age 19.
Does child support automatically stop at 19 in Nebraska?
Child support does not automatically stop through wage garnishment systems when a child turns 19 in Nebraska. The obligor must file Form DC 6:2 (Application and Affidavit to Obtain Termination) with the district court clerk along with a certified birth certificate. The custodial parent has 30 days to object before the court enters a termination order.
Can Nebraska courts order child support for college expenses?
Nebraska courts cannot order either parent to pay college expenses under any circumstances. The child support obligation terminates at age 19 with no provision for post-secondary education costs. Parents may voluntarily agree to fund college in a written agreement incorporated into their divorce decree, but courts cannot compel such payments.
How much does it cost to file for child support modification in Nebraska?
The filing fee for child support modification in Nebraska is $65.00 as of July 2025. Fee waivers are available for parents meeting income eligibility requirements using court form DC 6:14(6). Verify current fees at nebraskajudicial.gov/rules/administrative-policies-schedules/filing-fees-and-court-costs.
Does Nebraska extend child support for disabled adult children?
Nebraska does not allow courts to order child support beyond age 19 for disabled adult children if either parent objects. This makes Nebraska one of the most restrictive states for disabled adult child support. Parents can voluntarily agree to extended support or establish a special needs trust to provide ongoing financial assistance while preserving the child's eligibility for government benefits.
What is the minimum child support payment in Nebraska?
The minimum child support payment in Nebraska is $50 per month or 10% of the obligor's net income, whichever is greater, under Nebraska Supreme Court Rule 4-209. The basic subsistence limitation under Rule 4-218 prevents support from reducing the obligor's net monthly income below $1,304, a threshold updated in January 2025 based on federal poverty guidelines.
Can a 16-year-old be emancipated in Nebraska to end child support?
A Nebraska minor who is at least 16 years old may petition for emancipation under Neb. Rev. Stat. § 43-4801. The minor must prove financial self-sufficiency and maturity by clear and convincing evidence. The court holds a hearing 45 to 60 days after filing. If granted, emancipation terminates the parent's child support obligation from the date of the court order.
Do child support arrears expire after the child turns 19 in Nebraska?
Child support arrears never expire in Nebraska. Under Neb. Rev. Stat. § 42-371.01(2), termination of the ongoing support duty does not forgive unpaid amounts. Nebraska has no statute of limitations on child support debt collection. Enforcement mechanisms including wage garnishment, tax refund interception, license suspension, and contempt proceedings remain available indefinitely.
How long does a Nebraska divorce take?
An uncontested Nebraska divorce typically takes 3 to 4 months from filing to final decree. The minimum timeline is approximately 90 days due to the mandatory 60-day waiting period after service under Neb. Rev. Stat. § 42-363 plus the 30-day period before the decree becomes operative. Contested divorces involving custody or property disputes typically take 8 to 18 months.
What happens if I stop paying child support at 18 in Nebraska?
Stopping child support payments at age 18 in Nebraska creates illegal arrears because Nebraska law requires support until age 19 under Neb. Rev. Stat. § 42-371.01. The custodial parent or state enforcement agency can pursue wage garnishment, tax refund interception, license suspension, and contempt of court charges. Arrears accumulate interest and remain enforceable indefinitely with no statute of limitations.