Nebraska Revised Statutes

Neb. Rev. Stat. § 43-1407 (2026)

Expenses of mother; liability of father; enforcement; payment by medical assistance program; recovery; procedure

✓ current as of July 2026

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(1) The father of a child shall also be liable for the reasonable expenses of (a) the child that are associated with the birth of the child and (b) the mother of such child during the period of her pregnancy, confinement, and recovery. Such liability shall be determined and enforced in the same manner as the liability of the father for the support of the child.

(2) In cases in which any medical expenses associated with the birth of the child and the mother of such child during the period of her pregnancy, confinement, and recovery are paid by the medical assistance program, the county attorney or authorized attorney, as defined in section 43-1704, may petition the court for a judgment for all or a portion of the reasonable medical expenses paid by the medical assistance program. Any medical expenses associated with the birth of such child and the mother of such child during the period of her pregnancy, confinement, and recovery that are approved and paid by the medical assistance program shall be presumed to be medically reasonable. If the father challenges any such expenses as not medically reasonable, he has the burden of proving that such expenses were not medically reasonable.

(3) A civil proceeding to recover medical expenses pursuant to this section may be instituted within four years after the child's birth. Summons shall issue and be served as in other civil proceedings, except that such summons may be directed to the sheriff of any county in the state and may be served in any county.

Notes of Decisions

Cited in 4 cases, 1994–2020 · leading case: Henke v. Guerrero, 692 N.W.2d 762 (Neb. Ct. App. 2005).

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Henke v. Guerrero, 692 N.W.2d 762 (Neb. Ct. App. 2005). · cites it 3× “Neb. Rev. Stat. § 43-1407 (Reissue 2004) provides: The father of a child shall also be liable for the reasonable expenses of the mother of such child during the period *359 of her pregnancy, confinement and recovery.”

Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020). · cites it 2× “) Section 43-1407 identifies “[t]he father of a child” in its explanation of liability for birth, pregnancy, and medi- cal expenses.”

State v. Wiegand, 512 N.W.2d 419 (Neb. Ct. App. 1994). · cites it 4× “*585 OWNERSHIP OF RIGHT TO RECOVER MEDICAL EXPENSES Section 43-1407 provides: The father of a child shall also be liable for the reasonable expenses of the mother of such child during the period of her pregnancy, confinement and recovery.”

Heavican v. Benes (Neb. Ct. App. 2016). · cites it 2× “Neb. Rev. Stat. § 43-1407 (Reissue 2008) provides: (1) The father of a child shall also be liable for the reasonable expenses of .”

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