When a legal separation is decreed, the court may order payment of such support by one party to the other as may be reasonable, having regard for the circumstances of the parties and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party. Orders for support may be modified or revoked for good cause shown upon notice and hearing, except as to amounts accrued prior to date of service of motion to modify, to which date modification may be retroactive. Orders for child support in cases in which a party has applied for services under Title IV-D of the Social Security Act, as amended, shall be reviewed as provided in sections 43-512.12 to 43-512.18.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1980–2025 · leading case:
Connolly v. Connolly, 299 Neb. 103 (Neb. 2018).
Connolly v. Connolly, 299 Neb. 103 (Neb. 2018).
· cites it 3× “” Finally, Neb. Rev. Stat. § 42-368 (Reissue 2016) states in pertinent part: When a legal separation is decreed, the court may order payment of such support by one party to the other as may be reasonable, having regard for the circumstances of the parties and the ability of the…”
Pendleton v. Pendleton, 496 N.W.2d 499 (Neb. 1993).
· cites it 2× “Neb. Rev. Stat. § 42-368 (Reissue 1974). As is apparent from the above language in effect at the time of the decree of separation, and in the same statutory sections existing today, the prohibition against modifying a decree at a later time to provide for alimony when not…”
Presle v. Presle, 634 N.W.2d 785 (Neb. 2001).
· cites it 2× “On May 7, 1999, Didier filed a “Petition to Vacate and Set Aside or Alternatively Amended Application to Modify” asserting that the provisions of Neb. Rev. Stat. § 42-368 (Reissue 1998) which preclude modification of amounts “accrued prior to [the] date of service” of a motion…”
Parker v. Parker, 492 N.W.2d 50 (Neb. Ct. App. 1992).
· cites it 2× “Robert apparently wants the payments characterized as alimony so that Billie would have to show good cause, pursuant to Neb. Rev. Stat. § 42-368 (Reissue 1988), in order to be entitled to any future additions or increases.”
Grosvenor v. Grosvenor, 293 N.W.2d 96 (Neb. 1980).
“The introductory *400 phrase of subsection (4), “Whenever a judgment creditor under sections 42-347 to 42-379 refuses by its literal language, includes judgment creditors for support in cases of legal separation, § 42-368 (Reissue 1978), judgment creditors for temporary and…”
State v. Fischetto (Neb. Ct. App. 2019).
· cites it 3× “§ 42-365 (Reissue 2016) (governing decrees of dissolution) and Neb. Rev. Stat. § 42-368 (Reissue 2016) (governing decrees of separation), the Nebraska Supreme court held: This court held in Pendleton v.”
Benda v. Sole, 319 Neb. 745 (Neb. 2025).
“They cannot thereafter be col- laterally attacked. [14-16] The terms of a settlement agreement subsumed into a separation decree that was not timely appealed cannot be changed except through the procedures to modify as set forth by statute, through a timely motion to vacate…”
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