Nebraska Revised Statutes

Neb. Rev. Stat. § 42-364.08 (2026)

Child support; withholding of earnings; limitations

✓ current as of July 2026

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The amount to be withheld from the parent-employee's disposable income under any order to withhold and transmit earnings entered pursuant to sections 42-364.01 to 42-364.12 shall not in any case exceed the maximum amount permitted to be withheld under section 303(b) of the Consumer Protection Credit Act, 15 U.S.C. 1673(b)(2)(A) and (B), nor shall any amount withheld to satisfy a child or spousal support arrearage, when added to the amount withheld to pay current support and the fee provided for in subdivision (3) of section 42-364.01, exceed such maximum amount.

Notes of Decisions

Cited in 2 cases, 1978–2020 · leading case: Ferry v. Ferry, 271 N.W.2d 450 (Neb. 1978).

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Ferry v. Ferry, 271 N.W.2d 450 (Neb. 1978). · cites it 4× “1015, now section 42-364.08, R. S. Supp., 1978, exempts from an order to withhold and transmit earnings that portion of the disposable income of a “parent-employee” for any work week which equals 30 times the federal minimum hourly wage in effect at the time the earnings are…”

Ybarra v. Ybarra, 28 Neb. Ct. App. 216 (Neb. Ct. App. 2020). · cites it 4× “[a]ny order of any court for the support of any persons.” Prior to 1974, this statute was controlling and provided no limitations on garnishment of disposable earnings for child support arrearages.”

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