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General Information About Child Support

A person's duty to pay child support for a child terminates when (a) the child reaches the age of 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.

Child support paid to the party having custody of the minor child shall be the property of such party, unless that party has assigned to the State the right to receive support. This would occur, for example, if the party received ADC (now known as TANF) payments or some other form of public assistance. In that instance, the support belongs to the State.

A person required to pay child support 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 is paid. A certified copy of the birth certificate, marriage license, death certificate, or court order of emancipation 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 person receiving support. The notice shall inform that person 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 notice was mailed, the forms and procedures have been compiled with, and the court believes that a hearing on the matter is not required. Forms for the termination of child support when the child being support reaches nineteen years of age, marries, dies, or is otherwise emancipated are available from the Clerk of the District Court's office.

The Clerk of the District Court shall maintain a record, separate from all other judgment dockets, of all court decrees and orders in which the payment of child support or spousal support has been ordered. All child support payments shall become delinquent the day after they are due and owing. Child support is normally ordered to be paid on the first day of each month. All delinquent child support payments shall draw interest at the rate in effect on the date of the most recent order or decree. Interest on child support judgments is set by statute. For information on the interest rate on an existing order, contact the Clerk of the District Court at (402) 441-7328. Interest shall not accrue until thirty days after such payments are delinquent. Interest is computed as simple interest.

Records of delinquencies in permanent child support payments shall be kept by the Clerk of the District Court covering a recording period of nineteen years.

In determining the amount of child support to be paid by a parent, the court shall consider the earning capacity of each parent and the guidelines established by the Supreme Court. Upon application, hearing, and presentation of evidence of an abusive disregard of the use of child support money paid by one party to the other, the court may require the party receiving such payment to file a verified report with the court, as often as the court requires, stating the manner in which such money is used.

No person paying child support who has payments automatically withheld from his or her wages shall be reported as being delinquent if the delinquency is solely caused by a disparity between the schedule of the person's regular pay dates and the scheduled date the child support is due.

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