(1) An obligor's duty to pay child support for a child terminates when (a) the child reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is emancipated by a court of competent jurisdiction, unless the court order for child support specifically extends child support after such circumstances.
(2) The termination of child support does not relieve the obligor from the duty to pay any unpaid child support obligations owed or in arrears.
(3) The obligor may provide written application for termination of a child support order when the child being supported reaches nineteen years of age, marries, dies, or is otherwise emancipated. The application shall be filed with the clerk of the district court where child support was ordered. A certified copy of the birth certificate, marriage license, death certificate, or court order of emancipation or an abstract of marriage or abstract of death as defined in section 71-601.01 shall accompany the application for termination of the child support. The clerk of the district court shall send notice of the filing of the child support termination application to the last-known address of the obligee. The notice shall inform the obligee that if he or she does not file a written objection within thirty days after the date the notice was mailed, child support may be terminated without further notice. The court shall terminate child support if no written objection has been filed within thirty days after the date the clerk's notice to the obligee was mailed, the forms and procedures have been complied with, and the court believes that a hearing on the matter is not required.
(4) The State Court Administrator shall develop uniform procedures and forms to be used to terminate child support.
Notes of Decisions
Cited in
9
cases, 1999–2016 · leading case:
Reinsch v. Reinsch, 611 N.W.2d 86 (Neb. 2000).
Reinsch v. Reinsch, 611 N.W.2d 86 (Neb. 2000).
· cites it 8× “Ava cross-appealed the district court’s failure to make the increase in child support retroactive to the date she filed her petition to modify. The Court of Appeals rejected Kenneth’s assignments of error but found merit in Ava’s cross-appeal.”
Millatmal v. Millatmal, 723 N.W.2d 79 (Neb. 2006).
· cites it 2× “Taj contends that the record is undisputed Naheed was married at the time of the entry of the decree and that pursuant to Neb. Rev. Stat. § 42-371.01 (l)(b) (Reissue 2004), he had no obligation to pay child support.”
In re the Marriage of Schneider, 268 P.3d 215 (Wash. 2011).
· cites it 2× “See Neb. Rev. Stat. § 42-371.01 (1). The Nebraska court modified the decree, approving the mother’s move with the children to Washington and adjusting obligations to provide health insurance for the children.”
Moore v. Bauer, 657 N.W.2d 25 (Neb. Ct. App. 2003).
· cites it 4× “Neb.Rev.Stat. § 42-371.01 (Cum.Supp.2002).”
Boamah-Wiafe v. Rashleigh, 614 N.W.2d 778 (Neb. Ct. App. 2000).
· cites it 2× “Neb. Rev. Stat. § 42-371.01 (l)(a) (Reissue 1998) states in pertinent part that “[a]n obligor’s duty to pay child support for a child terminates when (a) the child reaches nineteen years of age.”
Reinsch v. Reinsch, 602 N.W.2d 261 (Neb. Ct. App. 1999).
· cites it 5× “Neb. Rev. Stat. § 42-371.01 (Reissue 1998), enacted in 1997, provides that “[a]n obligor’s duty to pay child support for a child terminates when (a) the child reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is emancipated .”
Cain v. Cain, 741 N.W.2d 448 (Neb. Ct. App. 2007).
· cites it 17× “" On September 4, 2003, Donald filed an application to terminate his child support obligation, citing Neb. Rev. Stat. § 42-371.01 (Reissue 2004), which statute governs termination of an obligor's duty to pay child support.”
Richter v. Richter (Neb. Ct. App. 2016).
· cites it 2× “§ 152(c)(3)(A)(ii) (2012), the record does not show that she was actually a student at the time of trial.”
— Neb. Rev. Stat. § 42-371.01(1) — 1 case
Cain v. Cain, 741 N.W.2d 448 (Neb. Ct. App. 2007).
“" On September 4, 2003, Donald filed an application to terminate his child support obligation, citing Neb. Rev. Stat. § 42-371.01 (Reissue 2004), which statute governs termination of an obligor's duty to pay child support.”
— Neb. Rev. Stat. § 42-371.01(3) — 1 case
Cain v. Cain, 741 N.W.2d 448 (Neb. Ct. App. 2007).
“" On September 4, 2003, Donald filed an application to terminate his child support obligation, citing Neb. Rev. Stat. § 42-371.01 (Reissue 2004), which statute governs termination of an obligor's duty to pay child support.”
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