Nebraska § 42-364.08 Child support; withholding of earnings; limitations

Nebraska Statutes

§ 42-364.08 — Child support; withholding of earnings; limitations

Nebraska § 42-364.08

Ch. 42Households and Families

This text of Nebraska § 42-364.08 (Child support; withholding of earnings; limitations) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 42-364.08 (2026).

Text

The amount to be withheld from the parent-employee's disposable income under any order to withhold and transmit earnings entered pursuant to sections  42-364.01  to  42-364.12  shall not in any case exceed the maximum amount permitted to be withheld under section 303(b) of the Consumer Protection Credit Act, 15 U.S.C. 1673(b)(2)(A) and (B), nor shall any amount withheld to satisfy a child or spousal support arrearage, when added to the amount withheld to pay current support and the fee provided for in subdivision (3) of section  42-364.01 , exceed such maximum amount.

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The amount to be withheld from the parent-employee's disposable income under any order to withhold and transmit earnings entered pursuant to sections 42-364.01 to 42-364.12 shall not in any case exceed the maximum amount permitted to be withheld under section 303(b) of the Consumer Protection Credit Act, 15 U.S.C. 1673(b)(2)(A) and (B), nor shall any amount withheld to satisfy a child or spousal support arrearage, when added to the amount withheld to pay current support and the fee provided for in subdivision (3) of section 42-364.01 , exceed such maximum amount.

Legislative History

Source: Laws 1974, LB 1015, § 13; Laws 1986, LB 600, § 8. Annotations: The basic subsistence limitation under the child support guidelines was not applicable to reduce the amount being withheld from a father's monthly Social Security benefits to pay his child support arrearages. Ybarra v. Ybarra, 28 Neb. App. 216, 943 N.W.2d 447 (2020).