42-371.01. Duty to pay child support; termination, when; procedure; State Court Administrator; duties.

(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 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.

Source

Annotations

The enactment of this section in 1997 delineating the circumstances for terminating child support obligations is not tantamount to a material change in circumstances justifying modification of a child support award. Reinsch v. Reinsch, 259 Neb. 564, 611 N.W.2d 86 (2000).

The filing of a deficient application under this section will not trigger a duty on the part of the obligee to file a corresponding objection. Cain v. Cain, 16 Neb. App. 117, 741 N.W.2d 448 (2007).

This section permits the district court, under specified circumstances, to enter a summary order of termination of child support in the absence of an objection by the obligee. Cain v. Cain, 16 Neb. App. 117, 741 N.W.2d 448 (2007).

It is the public policy and statutory law of this state that child support obligations should be paid until the child reaches the age of 19. Reinsch v. Reinsch, 8 Neb. App. 852, 602 N.W.2d 261 (1999).