How Nebraska Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in Nebraska, a lien attaches each time a payment is due, a delinquency of one month brings certification and a presumption of contempt, and a license can be certified for suspension at more than three months in IV-D cases.
What happens if you don’t pay child support in Nebraska?
A lien attaches to the payer’s real property and registered personal property when each payment is due and ends when it is paid (Neb. Rev. Stat. 42-371(1)(b)). When a payment is delinquent by an amount equal to one month of support, the department certifies the case, income withholding is implemented if it is not in place, and a rebuttable presumption of contempt arises on a prima facie showing of delinquency (42-358(3)).
Can Nebraska garnish wages?
Yes. Withholding amounts, including interest on an arrearage and the current support and fee, cannot exceed the federal limits (43-1722): 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Can you be jailed for unpaid support?
The court can appoint an attorney to start contempt proceedings, and the proceeding must be instituted within ten days of appointment and diligently prosecuted (42-358(2)-(3)). A person called to testify cannot refuse to answer because it might incriminate, though the answers cannot be used in a criminal case (42-358(4)).
When can a license be suspended?
In IV-D cases, when a license holder is delinquent by more than three months of support, or is not following a payment plan, the department sends written notice. The notice says the department intends to certify the license holder, that future delinquencies are included, and how to come into compliance by paying current support and paying the past-due support or following a payment plan, and gives 30 days to respond (43-3314).
In what order are licenses certified?
The operator’s license goes first, except a commercial driver’s license; if the holder has only a commercial license, other licenses are certified. If the holder does not come into compliance within ten working days after the operator’s license suspension takes effect, the department certifies the other licenses (43-3318(3)).
How do I get a suspended license back?
Come into compliance and get written confirmation from the department, county attorney or authorized attorney, then present it: the operator’s license can be reinstated on payment of a $50 fee, and other licenses on payment of any fee the licensing authority prescribes (43-3321).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The Nebraska arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice inside its 30-day window, ask for a payment plan, add up the balance in the Nebraska child support arrears calculator and, if your circumstances changed, file a complaint to modify right away.
Frequently asked questions
What happens if you don’t pay child support in Nebraska?
A lien attaches to property each time a payment is due, and at one month delinquent the case is certified and a presumption of contempt arises.
How much of my paycheck can Nebraska take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to respond to a Nebraska license notice?
Thirty days from the notice, to come into compliance or ask for review.
Does Nebraska suspend a commercial driver's license for unpaid child support?
No. The operator's license is suspended first, but not a commercial driver's license; other licenses are certified in that case.
When can the passport of a Nebraska parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- Neb. Rev. Stat. 42-358.02: interest on delinquent support
- Neb. Rev. Stat. 45-103: judgment interest rate
- Neb. Rev. Stat. 42-358: enforcement and contempt
- Neb. Rev. Stat. 42-371: liens
- Neb. Rev. Stat. 43-3314: license notice
- Neb. Rev. Stat. 43-3318: license certification
- Neb. Rev. Stat. 43-1722: withholding limits
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Nebraska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Nebraska attorney.