Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-706 (2026)

Criminal nonsupport; penalty; exceptions

✓ current as of July 2026
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(1) Any person who intentionally fails, refuses, or neglects to provide proper support which he or she knows or reasonably should know he or she is legally obliged to provide to a spouse, minor child, minor stepchild, or other dependent commits criminal nonsupport.

(2) A parent or guardian who refuses to pay hospital costs, medical costs, or any other costs arising out of or in connection with an abortion procedure performed on a minor child or minor stepchild does not commit criminal nonsupport if:

(a) Such parent or guardian was not consulted prior to the abortion procedure; or

(b) After consultation, such parent or guardian refused to grant consent for such procedure, and the abortion procedure was not necessary to preserve the minor child or stepchild from an imminent peril that substantially endangered her life or health.

(3) Support includes, but is not limited to, food, clothing, medical care, and shelter.

(4) A designation of assets for or use of income by an individual in accordance with section 68-922 shall be considered just cause for failure to use such assets or income to provide medical support of such individual's spouse.

(5) This section does not exclude any applicable civil remedy.

(6) Except as provided in subsection (7) of this section, criminal nonsupport is a Class II misdemeanor.

(7) Criminal nonsupport is a Class IV felony if it is in violation of any order of any court.

Notes of Decisions
Cited in 23 cases, 1966–2018 · leading case: State v. Erpelding, 292 Neb. 351 (Neb. 2015).
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State v. Erpelding, 292 Neb. 351 (Neb. 2015). · cites it 13× “In the context of a crimi- nal statute such as Neb. Rev. Stat. § 28-706 (Reissue 2008), “intention- ally” means willfully or purposely, and not accidentally or involuntarily.”
State v. Buttner, 143 N.W.2d 907 (Neb. 1966). · cites it 40× “ABBOUD to commit a felony, to-wit: accepting a bribe by a city councilman, contrary to Section 28-706 of the Revised Statutes of Nebraska for 1943; that pursuant to said conspiracy and for the purpose of effecting the object of said conspiracy, the said CARVILLE R.”
State v. Yelli, 530 N.W.2d 250 (Neb. 1995). · cites it 8× “Yelli, with two counts of criminal nonsupport of two minor children, in violation of Neb. Rev. Stat. § 28-706 (Reissue 1989). More specifically, the State claims that Yelli failed to make the support payment he was previously ordered to make in each of two separate…”
State v. Eichelberger, 418 N.W.2d 580 (Neb. 1988). · cites it 6× “Eichelberger, was adjudged guilty of two counts of criminal nonsupport in violation of Neb. Rev. Stat. § 28-706 (1) (Reissue 1985) and sentenced to concurrent terms of imprisonment for a period of not less than 18 months nor more than 3 years on each count.”
State v. Reuter, 343 N.W.2d 907 (Neb. 1984). · cites it 4× “The assignments of error which defendant argues present the following issues: (1) Is the evidence sufficient to support the conviction? (2) Did the information contain prejudicial statements? (3) Does *327 the sentence constitute an unconstitutional imprisonment for debt? and…”
State v. Menuey, 476 N.W.2d 846 (Neb. 1991). · cites it 3× “Menuey, was adjudged guilty on each of two counts of criminal nonsupport of his children, in violation of Neb. Rev. Stat. § 28-706 (Reissue 1985). He was thereafter sentenced on the first count to imprisonment for a period of 1 year and on the second count to probation for a…”
State v. Bright, 470 N.W.2d 181 (Neb. 1991). · cites it 5× “Bright, appeals from guilty verdicts on two counts of criminal nonsupport of his minor children, pursuant to Neb. Rev. Stat. § 28-706 (1) (Cum. Supp. 1988), and the concurrent sentences of 1 year’s imprisonment on each count.”
Hopkins v. Stauffer, 775 N.W.2d 462 (Neb. Ct. App. 2009). · cites it 6× “During the hearing on Stauffer's complaint, Stauffer testified that he was not incarcerated for a crime related to Neb. Rev.Stat. § 28-706 (Reissue 2008), that he had been and will be incarcerated for more than 1 year, and that he had no past of willfully failing to provide…”
State v. McGee, 378 N.W.2d 674 (Neb. 1985). · cites it 4× “McGee appeals from a judgment entered by the district court for Buffalo County, Nebraska, finding McGee guilty of criminal nonsupport in violation of Neb. Rev. Stat. § 28-706 (1) (Reissue 1979).”
Carroll v. Moore, 423 N.W.2d 757 (Neb. 1988). · cites it 2× “minor child____” Neb. Rev. Stat. § 28-706 (1) (Reissue 1985).”
State v. Noll, 527 N.W.2d 644 (Neb. Ct. App. 1995). · cites it 4× “See Neb. Rev. Stat. § 28-706 (Reissue 1989). A jury trial was held on September 21, 1992.”
State v. McKichan, 364 N.W.2d 47 (Neb. 1985). · cites it 2× “As provided for by Neb. Rev. Stat. § 28-706 (Reissue 1979), this is a Class IV felony.”
Show all 23 citing cases →
— Neb. Rev. Stat. § 28-706(1) — 9 cases
State v. Yelli, 530 N.W.2d 250 (Neb. 1995). “Yelli, with two counts of criminal nonsupport of two minor children, in violation of Neb. Rev. Stat. § 28-706 (Reissue 1989). More specifically, the State claims that Yelli failed to make the support payment he was previously ordered to make in each of two separate…”
State v. Erpelding, 292 Neb. 351 (Neb. 2015). “In the context of a crimi- nal statute such as Neb. Rev. Stat. § 28-706 (Reissue 2008), “intention- ally” means willfully or purposely, and not accidentally or involuntarily.”
State v. Eichelberger, 418 N.W.2d 580 (Neb. 1988). “Eichelberger, was adjudged guilty of two counts of criminal nonsupport in violation of Neb. Rev. Stat. § 28-706 (1) (Reissue 1985) and sentenced to concurrent terms of imprisonment for a period of not less than 18 months nor more than 3 years on each count.”
State v. Reuter, 343 N.W.2d 907 (Neb. 1984). “The assignments of error which defendant argues present the following issues: (1) Is the evidence sufficient to support the conviction? (2) Did the information contain prejudicial statements? (3) Does *327 the sentence constitute an unconstitutional imprisonment for debt? and…”
State v. McGee, 378 N.W.2d 674 (Neb. 1985). “McGee appeals from a judgment entered by the district court for Buffalo County, Nebraska, finding McGee guilty of criminal nonsupport in violation of Neb. Rev. Stat. § 28-706 (1) (Reissue 1979).”
— Neb. Rev. Stat. § 28-706(6) — 2 cases
State v. Yelli, 530 N.W.2d 250 (Neb. 1995). “Yelli, with two counts of criminal nonsupport of two minor children, in violation of Neb. Rev. Stat. § 28-706 (Reissue 1989). More specifically, the State claims that Yelli failed to make the support payment he was previously ordered to make in each of two separate…”
State v. Eichelberger, 418 N.W.2d 580 (Neb. 1988). “Eichelberger, was adjudged guilty of two counts of criminal nonsupport in violation of Neb. Rev. Stat. § 28-706 (1) (Reissue 1985) and sentenced to concurrent terms of imprisonment for a period of not less than 18 months nor more than 3 years on each count.”
— Neb. Rev. Stat. § 28-706(7) — 3 cases
State v. Erpelding, 292 Neb. 351 (Neb. 2015). “In the context of a crimi- nal statute such as Neb. Rev. Stat. § 28-706 (Reissue 2008), “intention- ally” means willfully or purposely, and not accidentally or involuntarily.”
State v. Yelli, 530 N.W.2d 250 (Neb. 1995). “Yelli, with two counts of criminal nonsupport of two minor children, in violation of Neb. Rev. Stat. § 28-706 (Reissue 1989). More specifically, the State claims that Yelli failed to make the support payment he was previously ordered to make in each of two separate…”
State v. Noll, 507 N.W.2d 44 (Neb. Ct. App. 1993).
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