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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1242
Introduced by Murman, 38; Andersen, 49; Clements, 2; Holdcroft, 36;
Kauth, 31; Lippincott, 34; Lonowski, 33.
Read first time January 21, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to child support; to amend sections 43-512.02,1
43-512.03, 43-512.05, and 43-512.10, Reissue Revised Statutes of2
Nebraska, and sections 43-512 and 43-2924, Revised Statutes3
Cumulative Supplement, 2024; to provide for the establishment and4
enforcement of a child support order for an unborn child by the5
Department of Health and Human Services; and to repeal the original6
sections. 7
Be it enacted by the people of the State of Nebraska,8
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Section 1. (1) The Department of Health and Human Services will1
establish and enforce child support obligations of the biological father2
of an unborn child and subsequent to the birth of the child to the mother3
of such child upon the request of the mother. 4
(2) The start date for such obligations may begin with the first5
month in which the child was conceived, as determined by a physician and6
shall begin with that month if the mother so requests.7
(3) Payments for such obligations may be retroactively collected or8
awarded, including in the case where paternity is established subsequent9
to the birth of the child. 10
(4) The payment amount for such obligations shall be determined by a11
court taking into account the best interests of the mother and child.12
(5) Any measure to establish the paternity of a child, born or13
unborn, shall not be required without the consent of the mother.14
(6) Any measure to establish the paternity of an unborn child shall15
not be taken if the measure poses any risk of harm to an unborn child.16
Sec. 2. Section 43-512, Revised Statutes Cumulative Supplement,17
2024, is amended to read: 18
43-512 (1) Any dependent child as defined in section 43-504 or any19
relative or eligible caretaker of such a dependent child may file with20
the Department of Health and Human Services a written application for21
financial assistance for such child on forms furnished by the department.22
(2) The department, through its agents and employees, shall make23
such investigation pursuant to the application as it deems necessary or24
as may be required by the county attorney or authorized attorney. If the25
investigation or the application for financial assistance discloses that26
such child has a parent or stepparent who is able to contribute to the27
support of such child and has failed to do so, a copy of the finding of28
such investigation and a copy of the application shall immediately be29
filed with the county attorney or authorized attorney.30
(3) The department shall make a finding as to whether the31
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application referred to in subsection (1) of this section should be1
allowed or denied. If the department finds that the application should be2
allowed, the department shall further find the amount of monthly3
assistance which should be paid with reference to such dependent child.4
Except as may be otherwise provided, payments shall be made by unit size5
and shall be consistent with subdivisions (1)(p), (1)(q), (1)(t), (1)(u),6
and (1)(v) of section 68-1713. Beginning on August 30, 2015, the maximum7
payment level for monthly assistance shall be fifty-five percent of the8
standard of need described in section 43-513. 9
No payments shall be made for amounts totaling less than ten dollars10
per month except in the recovery of overpayments. 11
(4) The amount which shall be paid as assistance with respect to a12
dependent child shall be based in each case upon the conditions disclosed13
by the investigation made by the department. An appeal shall lie from the14
finding made in each case to the chief executive officer of the15
department or his or her designated representative. Such appeal may be16
taken by any taxpayer or by any relative of such child. Proceedings for17
and upon appeal shall be conducted in the same manner as provided for in18
section 68-1016. 19
(5)(a) For the purpose of preventing dependency, the department20
shall adopt and promulgate rules and regulations providing for services21
to former and potential recipients of aid to dependent children and22
medical assistance benefits. The department shall adopt and promulgate23
rules and regulations establishing programs and cooperating with programs24
of work incentive, work experience, job training, and education. The25
provisions of this section with regard to determination of need, amount26
of payment, maximum payment, and method of payment shall not be27
applicable to families or children included in such programs. Income and28
assets described in section 68-1201 shall not be included in29
determination of need under this section. 30
(b) If a recipient of aid to dependent children becomes ineligible31
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for aid to dependent children as a result of increased hours of1
employment or increased income from employment after having participated2
in any of the programs established pursuant to subdivision (a) of this3
subsection, the recipient may be eligible for the following benefits, as4
provided in rules and regulations of the department in accordance with5
sections 402, 417, and 1925 of the federal Social Security Act, as6
amended, Public Law 100-485, in order to help the family during the7
transition from public assistance to independence: 8
(i) An ongoing transitional payment that is intended to meet the9
family's ongoing basic needs which may include food, clothing, shelter,10
utilities, household goods, personal care items, and general incidental11
expenses during the five months following the time the family becomes12
ineligible for assistance under the aid to dependent children program, if13
the family's earned income is at or below one hundred eighty-five percent14
of the federal poverty level at the time the family becomes ineligible15
for the aid to dependent children program. Payments shall be made in five16
monthly payments, each equal to one-fifth of the aid to dependent17
children payment standard for the family's size at the time the family18
becomes ineligible for the aid to dependent children program. If during19
the five-month period, (A) the family's earnings exceed one hundred20
eighty-five percent of the federal poverty level, (B) the family members21
are no longer working, (C) the family ceases to be Nebraska residents,22
(D) there is no longer a minor child in the family's household, or (E)23
the family again becomes eligible for the aid to dependent children24
program, the family shall become ineligible for any remaining25
transitional benefits under this subdivision; 26
(ii) Child care as provided in subdivision (1)(c) of section27
68-1724; and 28
(iii) Except as may be provided in accordance with subsection (2) of29
section 68-1713 and subdivision (1)(c) of section 68-1724, medical30
assistance for up to twelve months after the month the recipient becomes31
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employed and is no longer eligible for aid to dependent children.1
(6) For purposes of sections 43-512 to 43-512.18 and section 1 of2
this act: 3
(a) Authorized attorney shall mean an attorney, employed by the4
county subject to the approval of the county board, employed by the5
department, or appointed by the court, who is authorized to investigate6
and prosecute child, spousal, and medical support cases. An authorized7
attorney shall represent the state as provided in section 43-512.03;8
(b) Child support shall be defined as provided in section 43-1705;9
(c) Medical support shall include all expenses associated with the10
birth of a child, cash medical support as defined in section 42-369,11
health care coverage as defined in section 44-3,144, and medical and12
hospital insurance coverage or membership in a health maintenance13
organization or preferred provider organization; 14
(d) Spousal support shall be defined as provided in section 43-1715;15
(e) State Disbursement Unit shall be defined as provided in section16
43-3341; and 17
(f) Support shall be defined as provided in section 43-3313; and .18
(g) Unborn child shall mean an individual member of the species Homo19
sapiens at any stage of development in utero. 20
Sec. 3. Section 43-512.02, Reissue Revised Statutes of Nebraska, is21
amended to read: 22
43-512.02 (1)(a) (1) Any child or any relative, lawful custodian,23
guardian, or next friend of a child may file with the county attorney,24
authorized attorney, or other office designated by the Department of25
Health and Human Services an application for the same child, spousal, and26
medical support collection or paternity determination services as are27
provided to dependent children and their relatives under sections 43-51228
to 43-512.10 by the department, the county attorney, the authorized29
attorney, and the clerk of the district court. 30
(b) The mother of an unborn child may file with the county attorney,31
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authorized attorney, or other office designated by the Department of1
Health and Human Services an application for the establishment and2
enforcement of a child support order as provided for in sections 43-5123
to 43-512.10 and section 1 of this act. 4
(2) If an office other than the office of the county attorney or5
authorized attorney is authorized by the department to accept such6
applications and if the application discloses that such child has a7
parent or stepparent who is able to contribute to the support of such8
child and has failed to do so, a copy of the application shall9
immediately be filed with the county attorney or authorized attorney.10
(3)(a) The department shall determine an application fee to be11
charged to each individual who applies for services available in this12
section which shall not exceed the fee amount allowed by Title IV-D of13
the federal Social Security Act, as amended. The fee shall be collected14
from the individual or paid by the department on the individual's behalf.15
The county attorney or authorized attorney may recover the fee from the16
parent or stepparent who owes child, spousal, or medical support and17
reimburse the applicant. The governmental entity which is actually18
collecting the delinquent support payments shall collect the fee and send19
it to the department. 20
(b) The department may establish a schedule of amounts to be charged21
to recover any costs incurred in excess of any fees collected to cover22
administrative costs of providing the full scope of services required by23
state law. The department shall by regulation establish a schedule of24
amounts to be paid for such services based upon the actual costs incurred25
in providing such services. The schedule shall be made available to all26
applicants for such services. Any amount charged to recover costs may be27
collected from the parent or stepparent who owes child, spousal, or28
medical support or from the individual who has applied for enforcement29
services, either directly from such individual or from the child or30
spousal support collected, but only if the individual has been notified31
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that the county attorney or authorized attorney will recover costs from1
an individual who receives enforcement services. The department shall not2
impose an application fee for services in any case in which the3
department is authorized to continue to collect and distribute support4
payments after a family ceases to receive aid to dependent children5
payments. 6
Sec. 4. Section 43-512.03, Reissue Revised Statutes of Nebraska, is7
amended to read: 8
43-512.03 (1) The county attorney or authorized attorney shall:9
(a) On request by the Department of Health and Human Services as10
described in subsection (2) of this section or when the investigation or11
application filed under section 43-512 or 43-512.02 justifies, file a12
complaint against a nonsupporting party in the district, county, or13
separate juvenile court praying for an order for child or medical support14
in cases when there is no existing child or medical support order. After15
notice and hearing, the court shall adjudicate the child and medical16
support liability of either party and enter an order accordingly;17
(b) Enforce child, spousal, and medical support orders by an action18
for income withholding pursuant to the Income Withholding for Child19
Support Act; 20
(c) In addition to income withholding, enforce child, spousal, and21
medical support orders by other civil actions or administrative actions,22
citing the defendant for contempt, or filing a criminal complaint;23
(d) Establish paternity and collect child and medical support on24
behalf of children born out of wedlock; and 25
(e) Carry out sections 43-512.12 to 43-512.18.26
(2) The department may periodically review cases of individuals27
receiving enforcement services and make referrals to the county attorney28
or authorized attorney. 29
(3) In any action brought by or intervened in by a county attorney30
or authorized attorney under the Income Withholding for Child Support31
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Act, the License Suspension Act, the Uniform Interstate Family Support1
Act, or sections 42-347 to 42-381, 43-290, 43-512 to 43-512.18 and2
section 1 of this act, 43-1401 to 43-1418, and 43-3328 to 43-3339, such3
attorneys shall represent the State of Nebraska. 4
(4) The State of Nebraska shall be a real party in interest in any5
action brought by or intervened in by a county attorney or authorized6
attorney for the purpose of establishing paternity or securing,7
modifying, suspending, or terminating child or medical support or in any8
action brought by or intervened in by a county attorney or authorized9
attorney to enforce an order for child, spousal, or medical support.10
(5) Nothing in this section shall be construed to interpret11
representation by a county attorney or an authorized attorney as creating12
an attorney-client relationship between the county attorney or authorized13
attorney and any party or witness to the action, other than the State of14
Nebraska, regardless of the name in which the action is brought.15
Sec. 5. Section 43-512.05, Reissue Revised Statutes of Nebraska, is16
amended to read: 17
43-512.05 (1) It shall be the duty of the clerks of the district18
courts to furnish the Department of Health and Human Services monthly19
statistical information and any other information required by the20
department to properly account for child, spousal, and medical support21
payments. The clerk of each district court shall negotiate and enter into22
a written agreement with the department in order to receive reimbursement23
for the costs incurred in carrying out sections 43-512 to 43-512.10 and24
43-512.12 to 43-512.18 and section 1 of this act. 25
(2) The department and the governing board of the county, county26
attorney, or authorized attorney may enter into a written agreement27
regarding the determination of paternity and child, spousal, and medical28
support enforcement for the purpose of implementing such sections.29
Paternity shall be established when it can be determined that the30
collection of child support is feasible. 31
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(3) The department shall adopt and promulgate rules and regulations1
regarding the rate and manner of reimbursement for costs incurred in2
carrying out such sections, taking into account relevant federal law,3
available federal funds, and any appropriations made by the Legislature.4
Any reimbursement funds shall be added to the budgets of those county5
officials who have performed the services as called for in the6
cooperative agreements and carried over from year to year as required by7
law. 8
Sec. 6. Section 43-512.10, Reissue Revised Statutes of Nebraska, is9
amended to read: 10
43-512.10 Sections 43-512 to 43-512.10 and 43-512.12 to 43-512.1811
and section 1 of this act shall be interpreted so as to facilitate the12
determination of paternity, child, spousal, and medical support13
enforcement, and the conduct of reviews under such sections.14
Sec. 7. Section 43-2924, Revised Statutes Cumulative Supplement,15
2024, is amended to read: 16
43-2924 (1) The Parenting Act shall apply to proceedings or17
modifications filed on or after January 1, 2008, in which parenting18
functions for a child are at issue (a) under Chapter 42, including, but19
not limited to, proceedings or modification of orders for dissolution of20
marriage and child custody and (b) under sections 43-1401 to 43-1418. The21
Parenting Act may apply to proceedings or modifications in which22
parenting functions for a child are at issue under Chapter 30 or 43. The23
Parenting Act shall also apply to subsequent modifications of bridge24
orders entered under section 43-246.02 by a separate juvenile court or25
county court sitting as a juvenile court and docketed in a district26
court. 27
(2) The Parenting Act does not apply in any action filed by a county28
attorney or authorized attorney pursuant to his or her duties under29
section 42-358, 43-512 to 43-512.18 and section 1 of this act, or 43-140130
to 43-1418, the Income Withholding for Child Support Act, the Revised31
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Uniform Reciprocal Enforcement of Support Act before January 1, 1994, or1
the Uniform Interstate Family Support Act for purposes of the2
establishment of paternity and the establishment and enforcement of child3
and medical support or a bridge order entered under section 43-246.02 by4
a separate juvenile court or county court sitting as a juvenile court and5
docketed in a district court. A county attorney or authorized attorney6
shall not participate in the development of or court review of a7
parenting plan under the Parenting Act. If both parents are parties to a8
paternity or support action filed by a county attorney or authorized9
attorney, the parents may proceed with a parenting plan.10
Sec. 8. Original sections 43-512.02, 43-512.03, 43-512.05, and11
43-512.10, Reissue Revised Statutes of Nebraska, and sections 43-512 and12
43-2924, Revised Statutes Cumulative Supplement, 2024, are repealed.13
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