Nebraska Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an Nebraska divorce
How custody is determined §42-364
Courts determine custody based on the best interests of the child, considering the relationship of each parent with the child, the child's needs, and credible evidence of abuse.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §42-364
Nebraska uses an income-shares model to calculate child support.
- Based on combined income of both parents using Nebraska Child Support Guidelines
- Presumptive amount from guidelines; deviation requires written findings
- Health insurance and childcare costs factored into calculation
- Income can be withheld directly from the paying parent's employer §43-1718
The parenting plan
Most Nebraska courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §42-357
Courts may issue temporary orders for support, custody, and attorney fees during the pendency of the dissolution action. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Custody may be modified upon showing a material change in circumstances that affects the best interests of the child. §42-364
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Related guides
- Based on combined income of both parents using Nebraska Child Support Guidelines
- Presumptive amount from guidelines; deviation requires written findings
- Health insurance and childcare costs factored into calculation