(1) All delinquent
child support payments, spousal
support payments, and medical support payments shall draw interest
at the rate specified in section 45-103 in effect on the date of the most
recent order or decree. Such interest shall be computed as simple interest.
(2) All child support payments, spousal support payments, and medical support payments shall
become delinquent the day after they are due and owing, except that no obligor
whose support
payments are automatically withheld from his or her paycheck shall be regarded
or reported as being delinquent or in arrears if (a) any delinquency or arrearage
is solely caused by a disparity between the schedule of the obligor's regular
pay dates and the scheduled date the support payment is due, (b) the total
amount of support payments to be withheld from
the paychecks of the obligor and the amount ordered by the support order are
the same on an annual basis, and (c) the automatic deductions for support payments are continuous and occurring. Interest
shall not accrue until thirty days after such payments are delinquent.
(3) The court shall order the determination of the amount
of interest due, and such interest shall be payable in the same manner as
the support payments upon which the interest accrues subject to subsection
(2) of this section or unless it is waived by agreement of the parties. The
Title IV-D Division of the Department of Health and Human Services shall compute
interest and identify delinquencies pursuant to this section on the payments
received by the State Disbursement Unit pursuant to section 42-369. The Title
IV-D Division shall provide the case information in electronic format, and
upon request in print format, to the judge presiding over domestic relations
cases and to the county attorney or authorized attorney.
(4) Support order payments shall be credited in the following
manner:
(a) First, to the payments due for the current month in the
following order: Child support payments, then spousal support payments, and
lastly medical support payments;
(b) Second, toward any payment arrearage owing, in the following
order: Child support payment arrearage, then spousal support payment arrearage,
and lastly medical support payment arrearage; and
(c) Third, toward the interest on any payment arrearage, in
the following order: Child support payment arrearage interest, then spousal
support payment arrearage interest, and lastly medical support payment arrearage
interest.
(5) Interest which may have accrued prior to September 6,
1991, shall not be affected or altered by changes to this section which take
effect on such date. All delinquent support order payments and all decrees
entered prior to such date shall draw interest at the effective rate as prescribed
by this section commencing as of such date.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1978–2025 · leading case:
Welch v. Welch, 519 N.W.2d 262 (Neb. 1994).
Welch v. Welch, 519 N.W.2d 262 (Neb. 1994).
· cites it 10× “See Neb. Rev. Stat. § 42-358.02 (2) (Cum. Supp.”
Laschanzky v. Laschanzky, 523 N.W.2d 29 (Neb. 1994).
· cites it 9× “ASSIGNMENTS OF ERROR On appeal, appellant asserts that the trial court erred in (1) failing to find that interest did not accrue on child support payments prior to August 31, 1975, in accordance with Neb. Rev. Stat. § 42-358.02 (Reissue 1993); (2) not applying the doctrine of…”
Ferry v. Ferry, 271 N.W.2d 450 (Neb. 1978).
· cites it 3× “Defendant contends that she should also receive interest prior to that date pursuant to section 45-103, R. R. S. 1943. That statute provides for interest “on all judgments and decrees for the payment of money from the date of rendition thereof.”
Howard v. Howard, 452 N.W.2d 283 (Neb. 1990).
· cites it 3× “This is an appeal from the order of the district court in a proceeding brought by respondent wife under Neb. Rev. Stat. § 42-358.02 (3) (Reissue 1988) to determine the amount of interest due on delinquent child support.”
McKibbin v. State, 560 N.W.2d 507 (Neb. Ct. App. 1997).
· cites it 2× “Neb. Rev. Stat. § 42-358.02 (2) (Reissue 1993) provides in part, “All child support payments shall become delinquent the day after they are due and owing.”
Ybarra v. Ybarra, 28 Neb. Ct. App. 216 (Neb. Ct. App. 2020).
· cites it 2× “Neb. Rev. Stat. § 42-358.02 (1) (Reissue 2016) provides that delinquent child support payments “shall draw interest,” which shall be computed as simple interest.”
Marriage of Gibson v. Baxter, 434 N.W.2d 486 (Minn. Ct. App. 1989).
· cites it 2× “Applying Nebraska law and using the $375 monthly obligation as a base, the trial court calculated the net amount of arrearages and added interest at a rate of 9% from October 28, 1976, through August 30, 1981, and 14% from August 31, 1981, until October 28, 1986, pursuant to…”
Neujahr v. McGregor (Neb. Ct. App. 2025).
· cites it 3× “However, pursuant to Neb. Rev. Stat. § 42-358.02 (3) (Reissue 2016), interest on delinquent child support payments shall be payable in the same manner as the support payments upon which the interest accrues.”
Koch v. Koch (Neb. Ct. App. 2014).
· cites it 2× “(a) Alimony Neb. Rev. Stat. § 42-358.02 (1) (Cum. Supp.”
— Neb. Rev. Stat. § 42-358.02(1) — 2 cases
Welch v. Welch, 519 N.W.2d 262 (Neb. 1994).
“See Neb. Rev. Stat. § 42-358.02 (2) (Cum. Supp.”
Marriage of Gibson v. Baxter, 434 N.W.2d 486 (Minn. Ct. App. 1989).
“Applying Nebraska law and using the $375 monthly obligation as a base, the trial court calculated the net amount of arrearages and added interest at a rate of 9% from October 28, 1976, through August 30, 1981, and 14% from August 31, 1981, until October 28, 1986, pursuant to…”
— Neb. Rev. Stat. § 42-358.02(3) — 1 case
Neujahr v. McGregor (Neb. Ct. App. 2025).
“However, pursuant to Neb. Rev. Stat. § 42-358.02 (3) (Reissue 2016), interest on delinquent child support payments shall be payable in the same manner as the support payments upon which the interest accrues.”
— Neb. Rev. Stat. § 42-358.02(5) — 1 case
Welch v. Welch, 519 N.W.2d 262 (Neb. 1994).
“See Neb. Rev. Stat. § 42-358.02 (2) (Cum. Supp.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.