Nebraska Revised Statutes
Chapter 42 - Households and Families
42-364.17 - Dissolution, legal separation, or order establishing paternity; incorporate financial arrangements.

42-364.17. Dissolution, legal separation, or order establishing paternity; incorporate financial arrangements.
A decree of dissolution, legal separation, or order establishing paternity shall incorporate financial arrangements for each party's responsibility for reasonable and necessary medical, dental, and eye care, medical reimbursements, day care, extracurricular activity, education, and other extraordinary expenses of the child and calculation of child support obligations.
Source

Annotations

Provisions in a decree or judgment related to child-related expenses listed in this section are modifiable when there has been a material change in circumstances, as such expenses are a subset of child support. Windham v. Kroll, 307 Neb. 947, 951 N.W.2d 744 (2020).

Court erred in not addressing each party's responsibility for the reasonable and necessary expenses of the children based on the record. Dooling v. Dooling, 303 Neb. 494, 930 N.W.2d 481 (2019).

The decree, together with the attached parenting plan, allocated the parties' responsibility for the necessary child expenses. Leners v. Leners, 302 Neb. 904, 925 N.W.2d 704 (2019).

Supervision of children in the form of day camps, lessons, or activities may under the circumstances constitute childcare for purposes of child support so long as such supervision is reasonable, in the child's best interests, and necessary due to employment or for education or training to obtain a job or enhance earning potential. Moore v. Moore, 302 Neb. 588, 924 N.W.2d 314 (2019).

A party’s responsibility under this section for reasonable and necessary medical, dental, and eye care; medical reimbursements; daycare; extracurricular activity; education; and other extraordinary expenses of the child to be made in the future may be modified if the applicant proves that a material change in circumstances has occurred since entry of the decree or a previous modification. Caniglia v. Caniglia, 285 Neb. 930, 830 N.W.2d 207 (2013).

An appellate court views this section in the context of the statutory scheme governing child support. Caniglia v. Caniglia, 285 Neb. 930, 830 N.W.2d 207 (2013).

The expenses stated in this section represent other incidents of support to be addressed in a dissolution decree that are outside of the monthly installment established in Neb. Ct. R. section 4-207. Caniglia v. Caniglia, 285 Neb. 930, 830 N.W.2d 207 (2013).

The words of this section are plain, direct, and unambiguous. Caniglia v. Caniglia, 285 Neb. 930, 830 N.W.2d 207 (2013).

Because the broader, more general terms contained in section 42-369(3) preceded the adoption of the Nebraska Child Support Guidelines and the passage of this section, the guidelines and this section are construed to control what categories of expenses can be ordered in addition to the monthly child support obligation determined under the guidelines. Kelly v. Kelly, 29 Neb. App. 198, 952 N.W.2d 207 (2020); Smith v. King, 29 Neb. App. 152, 953 N.W.2d 258 (2020).

A trial court has the authority to order a parent to pay the categories of expenses specified in this section, in addition to the monthly child support obligation calculated under the guidelines. Smith v. King, 29 Neb. App. 152, 953 N.W.2d 258 (2020).

Nebraska Revised Statutes Chapter 42 - Households and Families 42-364.17 - Dissolution, legal separation, or order establishing paternity; incorporate financial arrangements.

Nebraska Revised Statutes
Chapter 42 - Households and Families
42-364.17 - Dissolution, legal separation, or order establishing paternity; incorporate financial arrangements.