Neb. Rev. Stat. » Chapter 43
Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1259 (2026)

Costs, fees, and expenses

✓ current as of July 2026
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(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care, during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b) The court may not assess fees, costs, or expenses against a state unless authorized by law other than the Uniform Child Custody Jurisdiction and Enforcement Act.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2009–2022 · leading case: Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
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Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019). · cites it 2× “§ 43-1259 (a) (Reissue 2016) of the UCCJEA, the court shall award the prevailing party attorney fees unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. Coleman v.”
Coleman v. Kahler, 766 N.W.2d 142 (Neb. Ct. App. 2009). · cites it 2× “" Neb.Rev.Stat. § 43-1259(a) (Reissue 2008).”
Giandinoto v. Giandinoto (Neb. Ct. App. 2017). · cites it 4× “He asserts the court’s award is “clearly inappropriate,” arguing that it was a “disguised punishment for Appellant being concerned about his children.”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019). · cites it 2× “[21,22] Further, under Neb. Rev. Stat. § 43-1259 (a) (Reissue 2016) of the UCCJEA, the court shall award the prevail- ing party attorney fees unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.”
Rasmussen v. Rollins (Neb. Ct. App. 2022). · cites it 2× “” Neb. Rev. Stat. § 43-1259 (a) (Reissue 2008).”
— Neb. Rev. Stat. § 43-1259(a) — 1 case
Coleman v. Kahler, 766 N.W.2d 142 (Neb. Ct. App. 2009). “" Neb.Rev.Stat. § 43-1259(a) (Reissue 2008).”
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