For purposes of sections 42-347 to 42-381, unless the context otherwise requires:
(1) Authorized attorney means an attorney (a) employed by the county subject to the approval of the county board, (b) employed by the Department of Health and Human Services, or (c) appointed by the court, who is authorized to investigate and prosecute child and spousal support cases. An authorized attorney shall represent the state as provided in section 43-512.03;
(2) Custody includes both legal custody and physical custody;
(3) Dissolution of marriage means the termination of a marriage by decree of a court of competent jurisdiction upon a finding that the marriage is irretrievably broken. The term dissolution of marriage shall be considered synonymous with divorce, and whenever the term divorce appears in the statutes it means dissolution of marriage pursuant to sections 42-347 to 42-381;
(4) Joint legal custody has the same meaning as in section 43-2922;
(5) Joint physical custody has the same meaning as in section 43-2922;
(6) Legal custody has the same meaning as in section 43-2922;
(7) Legal separation means a decree of a court of competent jurisdiction providing that two persons who have been legally married shall thereafter live separate and apart and providing for any necessary adjustment of property, support, and custody rights between the parties but not dissolving the marriage;
(8) Physical custody has the same meaning as in section 43-2922;
(9) Spousal support, when used in the context of income withholding or any provisions of law which might lead to income withholding, means alimony or maintenance support for a spouse or former spouse when ordered as a part of an order, decree, or judgment which provides for child support and the child and spouse or former spouse are living in the same household;
(10) State Disbursement Unit has the same meaning as in section 43-3341;
(11) Support order has the same meaning as in section 43-1717; and
(12) Title IV-D Division has the same meaning as in section 43-3341.
Notes of Decisions
Cited in
75
cases (
9 in the last 5 years), 1973–2026 · leading case:
Dycus v. Dycus, 307 Neb. 426 (Neb. 2020).
Dycus v. Dycus, 307 Neb. 426 (Neb. 2020).
· cites it 14× “Neb. Rev. Stat. § 42-347 (3) (Reissue 2016) does not violate the procedural due process provisions of the U.”
Christine W. v. Trevor W., 303 Neb. 245 (Neb. 2019).
· cites it 2× “In disposing of this appeal, we observe that over a year has elapsed since Trevor filed his motion seeking to modify the parenting time and Christine filed a counterclaim to terminate his parental rights.”
Metzler v. Metzler, 25 Neb. Ct. App. 757 (Neb. Ct. App. 2018).
· cites it 3× “§ 42-352 (Reissue 2016) states *765 that "[s]ummons [for a proceeding under Neb. Rev. Stat. §§ 42-347 to 42-381 (Reissue 2016) ] shall be served upon the other party to the marriage by personal service or in the manner provided in section 25-517.”
Fetherkile v. Fetherkile, 299 Neb. 76 (Neb. 2018).
· cites it 2× “An action for child support, separate from a dissolution action, is governed by § 43-512.”
Connolly v. Connolly, 299 Neb. 103 (Neb. 2018).
· cites it 4× “Neb. Rev. Stat. § 42-347 (7) (Reissue 2016) provides that “[l]egal separation means a decree of a court of compe- tent jurisdiction providing that two persons who have been legally married shall thereafter live separate and apart and providing for any necessary adjustment of…”
Vyhlidal v. Vyhlidal, 973 N.W.2d 171 (Neb. 2022).
· cites it 4× “495 means the authority and responsibility for making fundamen- tal decisions regarding the child’s welfare, including choices regarding education and health.”
Robbins v. Robbins, 361 N.W.2d 519 (Neb. 1985).
· cites it 6× “The Buffalo County dissolution action was brought under the provisions of Neb.Rev. Stat. §§ 42-347 to 42-379 (Reissue 1984).”
Young v. Govier & Milone, 835 N.W.2d 684 (Neb. 2013).
· cites it 2× “224 Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.”
Burns v. Burns, 879 N.W.2d 375 (Neb. 2016).
“Section 42-351(2) provides: When final orders relating to proceedings governed by sections 42-347 to 42-381 are on appeal and such appeal is pending, the court that issued such orders shall retain jurisdiction to provide for such orders regarding support, custody, parenting…”
State v. McColery, 301 Neb. 516 (Neb. 2018).
“Prior to a 1985 amendment made in response to a federal mandate, § 42-371(1) stated, in pertinent part: "All judgments and orders for payment of money under sections 42-347 to 42-379 shall be liens upon property as in other actions and may be enforced or collected by execution…”
Kropf v. Kropf, 538 N.W.2d 496 (Neb. 1995).
· cites it 7× “) The appellant cites Neb. Rev. Stat. §§ 42-347 and 43-1715 (Reissue 1988) as authority for his argument that the payments as ordered by the district court were not for the “support of any persons,” and therefore, the maximum amount garnishable from his monthly Social Security…”
Dunning v. Tallman, 504 N.W.2d 85 (Neb. 1993).
· cites it 3× “” Neb. Rev. Stat. §§ 42-347 to 42-379 (Reissue 1988) pertain generally to support, alimony, and disposition of marital property.”
— Neb. Rev. Stat. § 42-347(3) — 3 cases
Dycus v. Dycus, 307 Neb. 426 (Neb. 2020).
“Neb. Rev. Stat. § 42-347 (3) (Reissue 2016) does not violate the procedural due process provisions of the U.”
— Neb. Rev. Stat. § 42-347(4) — 4 cases
Vyhlidal v. Vyhlidal, 973 N.W.2d 171 (Neb. 2022).
“495 means the authority and responsibility for making fundamen- tal decisions regarding the child’s welfare, including choices regarding education and health.”
Kropf v. Kropf, 538 N.W.2d 496 (Neb. 1995).
“) The appellant cites Neb. Rev. Stat. §§ 42-347 and 43-1715 (Reissue 1988) as authority for his argument that the payments as ordered by the district court were not for the “support of any persons,” and therefore, the maximum amount garnishable from his monthly Social Security…”
— Neb. Rev. Stat. § 42-347(6) — 1 case
Vyhlidal v. Vyhlidal, 973 N.W.2d 171 (Neb. 2022).
“495 means the authority and responsibility for making fundamen- tal decisions regarding the child’s welfare, including choices regarding education and health.”
— Neb. Rev. Stat. § 42-347(7) — 2 cases
Connolly v. Connolly, 299 Neb. 103 (Neb. 2018).
“Neb. Rev. Stat. § 42-347 (7) (Reissue 2016) provides that “[l]egal separation means a decree of a court of compe- tent jurisdiction providing that two persons who have been legally married shall thereafter live separate and apart and providing for any necessary adjustment of…”
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