When the pleadings or evidence in any action pursuant to sections 42-347 to 42-381 indicate that either spouse is mentally ill, a guardian ad litem or an attorney, or both, shall be appointed to represent the interests of such spouse. Such guardian's fee or attorney's fee, or both, shall be taxed as costs when allowed by the court and shall be paid by the county if the parties are unable to do so. When a marriage is dissolved and the evidence indicates that either spouse is mentally ill, the court may, at the time of dissolving the marriage or at any time thereafter, make such order for the support and maintenance of such mentally ill person as it may deem necessary and proper, having due regard to the property and income of the parties, and the court may require the party ordered to provide support and maintenance to file a bond or otherwise give security for such support. Such an order for support may be entered upon the application of the guardian or guardian ad litem or of any person, county, municipality, or institution charged with the support of such mentally ill person. The order for support may, if necessary, be revised from time to time on like application.
Notes of Decisions
Cited in
11
cases (
2 in the last 5 years), 1986–2024 · leading case:
Stephens v. Stephens, 297 Neb. 188 (Neb. 2017).
Stephens v. Stephens, 297 Neb. 188 (Neb. 2017).
· cites it 15× “The amount of support awarded under Neb. Rev. Stat. § 42-362 (Reissue 2016) is a matter initially entrusted to the sound discretion of the trial judge, which award, on appeal to this court, is reviewed de novo on the record and affirmed in the absence of an abuse of the trial…”
Onstot v. Onstot, 298 Neb. 897 (Neb. 2018).
· cites it 18× “An appeal involving sup- port for a mentally ill spouse under Neb. Rev. Stat. § 42-362 (Reissue 2016) is reviewed de novo on the record and affirmed in the absence of an abuse of discretion on the part of the trial judge.”
Black v. Black, 388 N.W.2d 815 (Neb. 1986).
· cites it 17× “Black, questions the monetary award made pursuant to the provisions of Neb. Rev. Stat. § 42-362 '(Reissue 1984), in favor of the respondent-appellee wife, Janet E.”
Hartman v. Hartman, 657 N.W.2d 646 (Neb. 2003).
· cites it 11× “Denise Kelly Hartman moved to vacate a decree dissolving her marriage to Peter Jeffrey Hartman, claiming that due to her mental illness, the trial court was required to appoint a guardian ad litem for her pursuant to Neb. Rev. Stat. § 42-362 (Cum. Supp. 2002).”
Kearney v. Kearney, 644 N.W.2d 171 (Neb. Ct. App. 2002).
· cites it 16× “The trial court found that the evidence established that Stacey was mentally ill and that it was appropriate to enter a support order as provided by Neb. Rev. Stat. § 42-362 (Cum. Supp. 2000).”
Kropf v. Kropf, 538 N.W.2d 496 (Neb. 1995).
· cites it 6× “2d 815 (1986), a husband had been ordered by the district court to pay alimony pursuant to Neb. Rev. Stat. § 42-362 (Reissue 1984). Section 42-362 provides that a court may order “support and maintenance” for a mentally ill spouse upon dissolution of the marriage and thereafter.”
Pittack v. Pittack (Neb. Ct. App. 2019).
· cites it 8× “On December 16, 2016, Jasmine filed a “Motion for Order Under [ Neb. Rev. Stat. § 42-362 (Reissue 2016)].”
Ginn v. Ginn, 764 N.W.2d 889 (Neb. Ct. App. 2009).
· cites it 17× “On appeal, Pamela asserts that the district court erred in failing to award her support and maintenance pursuant to Neb.Rev. Stat. § 42-362 (Reissue 2008). For the reasons set forth below, we affirm.”
Stevison v. Stevison (Neb. Ct. App. 2023).
· cites it 3× “Nathan contends that in addition to the established alimony considerations, the court should have considered Neb. Rev. Stat. § 42-362 (Reissue 2016), which allows the court in a dissolution action to order support and maintenance for a mentally ill spouse.”
Backhaus v. Backhaus (Neb. Ct. App. 2024).
· cites it 3× “On April 11, 2022, Sarah filed a complaint in the district court, seeking dissolution of the parties’ marriage; an equitable division of the marital estate; and awards of support and maintenance for a mentally ill spouse under Neb. Rev. Stat. § 42-362 (Reissue 2016), temporary…”
Mastrocesare v. Mastrocesare, 507 N.W.2d 683 (Neb. Ct. App. 1993).
· cites it 6× “2d 815 (1986), a husband had been ordered by the district court to pay alimony *234 pursuant to Neb. Rev. Stat. § 42-362 (Reissue 1988). Section 42-362 provided that a court may order “support and maintenance” for a mentally ill spouse upon dissolution of the marriage and…”
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.