Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1139
Introduced by Hallstrom, 1.
Read first time January 20, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to child support; to amend section 42-371,1
Reissue Revised Statutes of Nebraska; to change provisions relating2
to liens arising from child support orders; and to repeal the3
original section. 4
Be it enacted by the people of the State of Nebraska,5
LB1139
2026
LB1139
2026
-1-
Section 1. Section 42-371, Reissue Revised Statutes of Nebraska, is1
amended to read: 2
42-371 Under the Uniform Interstate Family Support Act and sections3
42-347 to 42-381, 43-290, 43-512 to 43-512.10, and 43-1401 to 43-1418:4
(1)(a) Except as provided in subdivision (1)(b) of this section, all5
(1) All judgments and orders for payment of money shall be liens, as in6
other actions, upon real property and any personal property registered7
with any county office and may be enforced or collected by execution and8
the means authorized for collection of money judgments. ;9
(b) A judgment or order for payment of child support or spousal10
support creates a lien upon the real or personal property of the judgment11
debtor which attaches when the payment is due and extinguishes when the12
payment is made. 13
(c) For purposes of this section, a current child support or spousal14
support order payment history from the Title IV-D Division of the15
Department of Health and Human Services setting forth evidence that all16
support payments are current, and have been made as ordered for the17
previous twelve-month period or the total length of time the order has18
been in effect, whichever is shorter, is prima facie evidence that such19
payments are in fact current and such evidence operates to release the20
lien described in subdivision (1)(b) of this section for purposes of21
transferring a specific parcel of real property; 22
(2) The judgment creditor may execute a partial or total release of23
the judgment or a document subordinating the lien of the judgment to any24
other lien, generally or on specific real or personal property.25
Release of a judgment for child support or spousal support or26
subordination of a lien of a judgment for child support or spousal27
support may, if all such payments are current and not delinquent or in28
arrears, be released or subordinated by a release or subordination29
document executed by the judgment creditor, and such document shall be30
sufficient to remove or subordinate the lien. A properly executed,31
LB1139
2026
LB1139
2026
-2-
notarized release or subordination document explicitly reciting that all1
child support payments or spousal support payments are current is prima2
facie evidence that such payments are in fact current. For purposes of3
this section, any delinquency or arrearage of support payments shall be4
determined as provided in subsection (2) of section 42-358.02;5
(3) If a judgment creditor refuses to execute a release of the6
judgment or subordination of a lien as provided in subdivision (2) of7
this section or the support payments are not current, the person desiring8
such release or subordination may file an application for the relief9
desired in the court which rendered the original judgment. A copy of the10
application and a notice of hearing shall be served on the judgment11
creditor either personally or by registered or certified mail no later12
than ten days before the date of hearing. If the court finds that the13
release or subordination is not requested for the purpose of avoiding14
payment and that the release or subordination will not unduly reduce the15
security, the court may issue an order releasing real or personal16
property from the judgment lien or issue an order subordinating the17
judgment lien. As a condition for such release or subordination, the18
court may require the posting of a bond with the clerk in an amount fixed19
by the court, guaranteeing payment of the judgment. If the court orders a20
release or subordination, the court may order a judgment creditor who,21
without a good faith reason, refused to execute a release or22
subordination to pay the judgment debtor's court costs and attorney's23
fees involved with the application brought under this subdivision. A24
showing that all support payments are current shall be evidence that the25
judgment creditor did not have a good faith reason to refuse to execute26
such release or subordination. For purposes of this section, a current27
certified copy of support order payment history from the Title IV-D28
Division of the Department of Health and Human Services setting forth29
evidence that all support payments are current is prima facie evidence30
that such payments are in fact current and is valid for thirty days after31
LB1139
2026
LB1139
2026
-3-
the date of certification; 1
(4) Full faith and credit shall be accorded to a lien arising by2
operation of law against real and personal property for amounts overdue3
relating to a support order owed by a judgment debtor or obligor who4
resides or owns property in this state when another state agency, party,5
or other entity seeking to enforce such lien complies with the procedural6
rules relating to the filing of the lien in this state. The state agency,7
party, or other entity seeking to enforce such lien shall send a8
certified copy of the support order with all modifications, the notice of9
lien prescribed by 42 U.S.C. 652(a)(11) and 42 U.S.C. 654(9)(E), and the10
appropriate fee to the clerk of the district court in the jurisdiction11
within this state in which the lien is sought. Upon receiving the12
appropriate documents and fee, the clerk of the district court shall13
accept the documents filed and such acceptance shall constitute entry of14
the foreign support order for purposes of this section only. Entry of a15
lien arising in another state pursuant to this section shall result in16
such lien being afforded the same treatment as liens arising in this17
state. The filing process required by this section shall not be construed18
as requiring an application, complaint, answer, and hearing as might be19
required for the filing or registration of foreign judgments under the20
Nebraska Uniform Enforcement of Foreign Judgments Act or the Uniform21
Interstate Family Support Act; 22
(5) Support order judgments shall cease to be liens on real or23
registered personal property ten years from the date (a) the youngest24
child becomes of age or dies or (b) the most recent execution was issued25
to collect the judgment, whichever is later, and such lien shall not be26
reinstated; 27
(6) Alimony and property settlement award judgments, if not covered28
by subdivision (5) of this section, shall cease to be a lien on real or29
registered personal property ten years from the date (a) the judgment was30
entered, (b) the most recent payment was made, or (c) the most recent31
LB1139
2026
LB1139
2026
-4-
execution was issued to collect the judgment, whichever is latest, and1
such lien shall not be reinstated; 2
(7) The court may in any case, upon application or its own motion,3
after notice and hearing, order a person required to make payments to4
post sufficient security, bond, or other guarantee with the clerk to5
insure payment of both current and any delinquent amounts. Upon failure6
to comply with the order, the court may also appoint a receiver to take7
charge of the debtor's property to insure payment. Any bond, security, or8
other guarantee paid in cash may, when the court deems it appropriate, be9
applied either to current payments or to reduce any accumulated10
arrearage; 11
(8)(a) The lien of a mortgage or deed of trust which secures a loan,12
the proceeds of which are used to purchase real property, and (b) any13
lien given priority pursuant to a subordination document under this14
section shall attach prior to any lien authorized by this section. Any15
mortgage or deed of trust which secures the refinancing, renewal, or16
extension of a real property purchase money mortgage or deed of trust17
shall have the same lien priority with respect to any lien authorized by18
this section as the original real property purchase money mortgage or19
deed of trust to the extent that the amount of the loan refinanced,20
renewed, or extended does not exceed the amount used to pay the principal21
and interest on the existing real property purchase money mortgage or22
deed of trust, plus the costs of the refinancing, renewal, or extension;23
and 24
(9) Any lien authorized by this section against personal property25
registered with any county consisting of a motor vehicle or mobile home26
shall attach upon notation of the lien against the motor vehicle or27
mobile home certificate of title and shall have its priority established28
pursuant to the terms of section 60-164 or a subordination document29
executed under this section. 30
Sec. 2. Original section 42-371, Reissue Revised Statutes of31
LB1139
2026
LB1139
2026
-5-
Nebraska, is repealed. 1
LB1139
2026
LB1139
2026
-6-