Interest on Child Support Arrears in Nebraska: Rate, Simple vs. Compound and When It Applies
Nebraska child support interest is simple interest at the judgment rate in effect on the date of the most recent order, starting 30 days after a payment is delinquent. Payments go to current support first and interest last.
Does Nebraska charge interest on child support arrears?
Yes. All delinquent child support, spousal support and medical support payments draw interest at the rate in section 45-103 in effect on the date of the most recent order or decree, computed as simple interest (Neb. Rev. Stat. 42-358.02(1)).
What is the rate?
For judgments rendered after July 20, 2002, it is two percentage points above the bond investment yield of 26-week U.S. Treasury bills at the first auction of each annual quarter, as in effect on the date of entry of the judgment, and the State Court Administrator distributes the rate to the judges (45-103). The rate changes, so we do not state one. Ask your clerk or the department which rate your order carries.
How is Nebraska interest calculated?
As simple interest on the delinquent payments. Support is delinquent the day after it is due, and interest does not accrue until 30 days after that (42-358.02(2)). The Nebraska arrears calculator follows that, with the rate you enter.
| Scenario at 6% simple, no payments | Interest | Total owed |
|---|---|---|
| 12 unpaid installments of $500 | $165.00 | $6,165.00 |
| 24 unpaid installments of $500 | $690.00 | $12,690.00 |
| 36 unpaid installments of $500 | $1,575.00 | $19,575.00 |
The 6% is an illustration only, not the Nebraska rate.
Is there a Nebraska pay-schedule exception?
Yes. An obligor whose support is automatically withheld is not treated as delinquent if any shortfall is only caused by a mismatch between pay dates and the due date, the annual total withheld equals the annual amount ordered, and the deductions are continuous (42-358.02(2)).
How are payments applied?
First to the current month’s payments (child support, then spousal support, then medical support), second to arrears in the same order, and third to interest on arrears (42-358.02(4)). Interest is therefore the last thing paid.
Who works out the Nebraska interest?
The court orders the amount of interest determined, and it is payable the same way as the support unless the parties waive it by agreement. The Title IV-D Division computes interest and identifies delinquencies on payments received by the State Disbursement Unit and gives the case information to the judge and the county attorney (42-358.02(3)).
Does the interest rate change if the order is modified?
The statute ties the rate to the date of the most recent order or decree (42-358.02(1)), so a new order can carry the rate in effect on its date. Ask the department which rate it applies to each period of your balance.
Can the court see my income to set the interest or support?
The court may order access to all revenue information held by the Department of Revenue or other agencies about the income of persons who may be liable for support (42-358(5)). Keep your own records so the figures match.
Does interest count against the withholding cap?
Yes. The amount withheld to pay an arrearage, including interest, plus current support and the fee cannot exceed the federal maximum (43-1722). A large balance can therefore take years to clear.
Where do you get the official figure?
From the Child Support Enforcement Office or the clerk of the district court. See whether arrears expire or can be forgiven and file to modify if your circumstances changed.
Frequently asked questions
What is the Nebraska interest rate on child support arrears?
The judgment rate in section 45-103 in effect on the date of the most recent order, simple interest.
When does Nebraska child support interest start?
Thirty days after a payment is delinquent, which is the day after it is due.
Can Nebraska child support interest be waived?
Yes, by agreement of the parties.
Who gets Nebraska payments first, support or interest?
Support comes first; interest is paid last.
Where can I check my Nebraska child support balance?
With the Child Support Enforcement Office or the clerk of the district court.
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.