reglab/housing_qa huggingface dataset:
NE Code § 42-361 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-361 - Marriage irretrievably broken; findings; decree issued without hearing; when.

42-361.  Marriage irretrievably broken; findings; decree issued without hearing; when.(1) If both of the parties state under oath or affirmation that the marriage is irretrievably broken, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken.(2) If one of the parties has denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding whether the marriage is irretrievably broken.(3) Sixty days or more after perfection of service of process, the court may enter a decree of dissolution without a hearing if:(a) Both parties waive the requirement of the hearing and the court has sufficient basis to make a finding that it has subject matter jurisdiction over the dissolution action and personal jurisdiction over both parties; and(b) Both parties have certified in writing that the marriage is irretrievably broken, both parties have certified that they have made every reasonable effort to effect reconciliation, all documents required by the court and by statute have been filed, and the parties have entered into a written agreement, signed by both parties under oath, resolving all issues presented by the pleadings in their dissolution action.Source   Laws 1972, LB 820, § 15;  Laws 2004, LB 1207, § 24;  Laws 2011, LB669, § 25. Annotations  It was not an abuse of discretion for the trial court to deny a motion to vacate its order finding the marriage irretrievably broken where the parties had reached a settlement agreement, but one party refused to sign the agreement until she was able to take possession of certain property. Kibler v. Kibler, 287 Neb. 1027, 845 N.W.2d 585 (2014). Pursuant to subsection (1) of this section, dissolutions of marriage require that a hearing be conducted in open court and that oral testimony of witnesses or depositions of witnesses be received into evidence; relying upon pleadings alone is insufficient. Brunges v. Brunges, 255 Neb. 837, 587 N.W.2d 554 (1998). A court must be presented with some form of evidence, be it oral testimony or depositions, in order to make a meaningful finding whether a marriage is irretrievably broken. Wilson v. Wilson, 238 Neb. 219, 469 N.W.2d 750 (1991). In a case where the evidence was undisputed that the parties had not lived together for a long period of time, the trial court was correct in finding that the parties' marriage was irretrievably broken. Witcig v. Witcig, 206 Neb. 307, 292 N.W.2d 788 (1980). The finding that marriage was irretrievably broken based upon criminal history of defendant and plaintiff's categorical refusal to effect reconciliation was not unreasonable. Condreay v. Condreay, 190 Neb. 513, 209 N.W.2d 357 (1973).
NE Code § 42-361.01 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-361.01 - Legal separation; findings.

42-361.01.  Legal separation; findings.In a legal separation proceeding:(1) If both of the parties state under oath or affirmation that they shall thereafter live separate and apart, or one of the parties so states and the other does not deny it, the court, after hearing, shall make a finding whether the legal separation should be granted and if so may enter a decree of legal separation;(2) If one of the parties has denied under oath or affirmation that they will thereafter live separate and apart, the court shall, after hearing, consider all relevant factors, including the circumstances that gave rise to the filing of the complaint and the prospect of reconciliation, and shall make a finding whether the legal separation should be granted and if so may enter a decree of legal separation; or(3) Sixty days or more after perfection of service of process, the court may enter a decree of legal separation without a hearing if:(a) Both parties waive the requirement of the hearing and the court has sufficient basis to make a finding that it has subject matter jurisdiction over the legal separation proceeding and personal jurisdiction over both parties; and(b) Both parties have certified in writing that they shall thereafter live separate and apart, both parties have certified that they have made every reasonable effort to effect reconciliation, all documents required by the court and by statute have been filed, and the parties have entered into a written agreement, signed by both parties under oath, resolving all issues presented by the pleadings in their legal separation proceeding.Source Laws 2012, LB899, § 2.
NE Code § 42-363 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-363 - Waiting period.

42-363.  Waiting period.No suit for divorce shall be heard or tried until sixty days after perfection of service of process, at which time the suit may be heard or tried and a decree may be entered.Source   Laws 1972, LB 820, § 17;   Laws 1974, LB 1015, § 3;   Laws 1989, LB 23, § 1.  Annotations  The waiting period for obtaining a divorce is a jurisdictional requirement. A divorce decree entered after expiration of the 60-day waiting period but based upon evidence adduced at a hearing held prior to expiration of the waiting period is null and void. Wymore v. Wymore, 239 Neb. 940, 479 N.W.2d 778 (1992). If no attempt is made to have an appellate court review the decree within six months after it is entered, the decree becomes final. As such, it is res judicata as to the rights of the parties. Neither what the parties thought the judge meant nor what the judge thought he or she meant, after time for appeal has passed, is of any relevance. What the decree, as it became final, means as a matter of law as determined from the four corners of the decree is what is relevant. Neujahr v. Neujahr, 223 Neb. 722, 393 N.W.2d 47 (1986).
NE Code § 42-364.01 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.01 - Child support; withholding of earnings; court; powers.

42-364.01.  Child support; withholding of earnings; court; powers.In any proceeding when a district court, county court, or separate juvenile court has ordered, temporarily or permanently, a parent, referred to as parent-employee in sections 42-364.01 to 42-364.12, to pay any amount for the support of a minor child, that court shall, following application, hearing, and findings, as required by sections 42-364.02 to 42-364.12, order the employer of such parent:(1) To withhold, from the parent-employee's nonexempt, disposable earnings presently due and to be due in the future, such amounts as shall reduce and satisfy the parent-employee's previous arrearage in child support payments arising from the parent-employee's failure to comply fully with an order previously entered to pay child support, the parent-employee's obligation to pay child support as ordered by the court as such obligation accrues in the future;(2) To pay to the parent-employee, on his or her regularly scheduled payday such earnings then due which are not ordered withheld;(3) To deduct from the sums so withheld an amount set by the court, but not to exceed two dollars and fifty cents in any calendar month, as compensation for the employer's reasonable cost incurred in complying with such order;(4) To remit within seven calendar days after the date the obligor is paid such sums withheld, less the deduction as allowed by the court pursuant to subdivision (3) of this section, to the State Disbursement Unit;(5) To refrain from dismissing, demoting, disciplining, and in any way penalizing the parent-employee on account of the proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, and on account of employer compliance with such order or orders; and(6) To notify in writing the clerk of the court entering such order of the termination of the employment of such parent-employee, the last-known address of the parent-employee, and the name and address of the parent-employee's new employer, if known, and to provide such written notification within thirty days after the termination of employment.Source   Laws 1974, LB 1015, § 6;   Laws 1983, LB 371, § 4;  Laws 2000, LB 972, § 12.  Annotations  Issues of visitation and previous failure to enforce a child support order are not relevant to proceedings under section 42-358, R.R.S.1943, or section 42-364.01, R.R.S.1943. Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980). Sections 42-364.01 to 42-364.12 amend section 25-1588, R.R.S.1943, insofar as it contains no limitations on garnishment of disposable earnings in aid of an order for support of a person, and is inconsistent with the provisions of these sections. Ferry v. Ferry, 201 Neb. 595, 271 N.W.2d 450 (1978).
NE Code § 42-364.02 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.02 - Child support; withholding of earnings; application; who may file.

42-364.02.  Child support; withholding of earnings; application; who may file.Any person having a direct interest in the welfare of a minor child may file an application, with the court that has previously ordered a parent to pay any amount for the support of the minor child, requesting the court to hold a hearing on such application and to enter an order as allowed by the provisions of section 42-364.01. Persons having a direct interest in the welfare of a child shall include a parent or legal guardian of the child, a person having custody of the child pursuant to an order of a court of competent jurisdiction, a county attorney, a deputy or assistant county attorney, and an employee of a county welfare office. No court, even if it has custody of a minor child, may initiate such an application.Source   Laws 1974, LB 1015, § 7;   Laws 1983, LB 371, § 5.
NE Code § 42-364.03 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.03 - Child support; withholding of earnings; hearing notice; interrogatories.

42-364.03.  Child support; withholding of earnings; hearing notice; interrogatories.Upon the filing of an application to withhold and transmit earnings, the court shall set a date, time, and place for a hearing thereon, which hearing shall be set not more than three weeks later than the date such application is filed. The applicant shall then cause to be served on the employer a copy of the application, a notice of hearing and interrogatories to be completed and returned by the employer to the court no later than three days prior to the hearing, which interrogatories when completed shall show whether the parent-employee is an employee of the employer, whether such parent-employee performs work or provides services or makes sales for the employer in Nebraska, the present length of employment of the parent-employee with the employer, the present pay period for such parent-employee, the average earnings for such parent-employee per pay period, the average disposable earnings for such parent-employee per pay period, and the name and address of the person, office or division of the employer responsible for the preparation of the parent-employee's earnings payments. The applicant shall also cause to be served on the parent-employee a copy of the application and a notice of hearing.Source  Laws 1974, LB 1015, § 8.
NE Code § 42-364.04 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.04 - Child support; withholding of earnings; service of documents.

42-364.04.  Child support; withholding of earnings; service of documents.Service of the documents required by the provisions of section 42-364.03 shall be made in the manner provided for service of a summons in a civil action, except that certified mail service may not be used.Source   Laws 1974, LB 1015, § 9;   Laws 1983, LB 447, § 49;   Laws 1984, LB 845, § 28.
NE Code § 42-364.05 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.05 - Child support; withholding of earnings; court; jurisdiction.

42-364.05.  Child support; withholding of earnings; court; jurisdiction.The court that entered the order requiring the parent to pay any amount for the support of a minor child and in which the application to withhold and transmit earnings is filed shall have jurisdiction of any employer who transacts any business in the state or contracts to supply services or things in the state and of the parent-employee and all the parent-employee's earnings if the parent-employee be a resident of the state, and, if the parent-employee not be a resident of the state, of those earnings of the parent-employee arising from the performance of work, the providing of services, or the sale of goods or services for the employer by the parent-employee in the state. Such court has jurisdiction regardless of where in the state the employer transacts business or contracts to supply services or things, or where the parent-employee resides or performs work, provides services, or sells goods and services. A failure of service, as required by the provisions of sections 42-364.03 and 42-364.04, upon the parent-employee shall not affect the court's jurisdiction of the earnings and of the employer.Source  Laws 1974, LB 1015, § 10.
NE Code § 42-364.06 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.06 - Child support; withholding of earnings; court order.

42-364.06.  Child support; withholding of earnings; court order.The court shall enter an order as allowed by section 42-364.01 at the hearing on the application for such order, if it finds that it has jurisdiction of the employer and the earnings of the parent-employee, that the parent-employee is an employee as defined in section 42-364.11 of the employer, and that the parent-employee has not complied in full with the previous order of the court requiring such parent-employee to pay for the support of a minor child. Noncompliance with a child support order shall not be found if the child support payments are automatically withheld from the paycheck if (1) any delinquency or arrearage is solely caused by a disparity between the schedule of the regular pay dates and the scheduled date the child support is due, (2) the total amount of child support to be withheld from the paychecks and the amount ordered by the support order are the same on an annual basis, and (3) the automatic deductions for child support are continuous and occurring. Nothing shall prohibit the court from continuing the order to withhold and transmit after the parent-employee has become current on the court-ordered obligation to pay child support. In fixing the amount to be withheld by the employer from the parent-employee's nonexempt, disposable earnings, the court shall determine that amount of earnings which, if paid over a reasonable period, would satisfy in full the child support arrearage existing as of the time of the hearing and would satisfy each child support obligation to come due in the future as such came due and would satisfy over a reasonable period of time the attorney's fee awarded, if any, pursuant to section 42-364.07. The court shall set flat amounts to be withheld, or, if the parent-employee's pay varies substantially from pay period to pay period, it may set a percentage of the nonexempt, disposable earnings to be withheld.Source   Laws 1974, LB 1015, § 11;   Laws 1983, LB 371, § 6;   Laws 1984, LB 845, § 29;   Laws 1997, LB 18, § 2.
NE Code § 42-364.07 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.07 - Child support; withholding of earnings; attorney's fee.

42-364.07.  Child support; withholding of earnings; attorney's fee.The court may award a reasonable attorney's fee to the applicant for the services of the applicant's attorney in obtaining the order to withhold and transmit earnings. Such fee shall be reasonably related to the time spent by the attorney in obtaining such order and not to the amounts collected or to be collected pursuant to such order. If the court awards an attorney's fee, it shall provide that such fee shall be paid from that portion of the amounts withheld and transmitted to the clerk of the court which the court designates as the attorney fee award.Source  Laws 1974, LB 1015, § 12.
NE Code § 42-364.08 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.08 - Child support; withholding of earnings; limitations.

42-364.08.  Child support; withholding of earnings; limitations.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.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).
NE Code § 42-364.09 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.09 - Child support; withholding of earnings; priority.

42-364.09.  Child support; withholding of earnings; priority.Any order to withhold and transmit earnings shall have priority over any attachment, execution, garnishment, or wage assignment, unless otherwise ordered by the court.Source  Laws 1974, LB 1015, § 14.
NE Code § 42-364.10 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.10 - Child support; withholding of earnings; order; dissolution; revocation; modification; service.

42-364.10.  Child support; withholding of earnings; order; dissolution; revocation; modification; service.An order to withhold and transmit earnings shall dissolve without any court action thirty days after the parent-employee ceases employment with the employer. An order to withhold and transmit earnings may be revoked by the court upon application when the parent-employee is not in arrears of any court-ordered child support as of the date of the application. An order to withhold and transmit earnings may be modified or revoked by the court upon application and for good cause shown. All applications to revoke or modify shall be served upon the employer and all persons having an interest in the order to withhold and transmit earnings, by United States certified mail, return receipt requested, addressed to the last-known addresses of such persons.Source   Laws 1974, LB 1015, § 15;   Laws 1983, LB 371, § 7.
NE Code § 42-364.11 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.11 - Child support; withholding of earnings; terms, defined.

42-364.11.  Child support; withholding of earnings; terms, defined.For the purposes of sections 42-364.01 to 42-364.14, unless the context otherwise requires:(1) Earnings shall mean compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and any payments made to an independent contractor for services performed;(2) Disposable earnings shall mean that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to sections 42-357 and 42-363 to 42-365 or those provisions allowing garnishment, attachment, or execution;(3) Employer shall mean any person, partnership, limited liability company, firm, corporation, association, political subdivision, or department of the state in possession of earnings;(4) Employee shall mean any person who is compensated by an employer for services performed, regardless of how such compensation is denominated, and shall include independent contractors who receive compensation for services;(5) Workweek shall mean any seven consecutive days during which a parent-employee performs work, provides services, or sells goods or services for an employer; and(6) Pay period shall mean that regular interval of time, whether it be daily, weekly, biweekly, semimonthly, monthly, or some other regular interval, for which an employer pays earnings to a parent-employee.Source   Laws 1974, LB 1015, § 16;   Laws 1983, LB 371, § 8;   Laws 1993, LB 121, § 215;  Laws 2004, LB 1207, § 26.
NE Code § 42-364.12 (2021)
2021 Nebraska Revised Statutes|Chapter 42 - Households and Families|42-364.12 - Child support; withholding of earnings; employer; civil contempt; liability for damages; injunction.

42-364.12.  Child support; withholding of earnings; employer; civil contempt; liability for damages; injunction.Any employer failing to make answer truthfully and completely to the interrogatories propounded pursuant to section 42-364.03 may be punished by the court for civil contempt. The court shall first afford such employer a reasonable opportunity to purge itself of such contempt. Any employer who shall fail or refuse to deliver earnings pursuant to an order to withhold and transmit earnings, when such employer has had in its possession such earnings, shall be personally liable for the amount of such earnings which the employer failed or refused to deliver, together with costs, interest, and reasonable attorney's fees. Any employer who fails to notify in writing the clerk of the court entering an order to withhold and transmit earnings of the termination of the parent-employee and the name and address of the parent-employee's new employer, if known, within thirty days after the termination of employment, may be punished by the court for civil contempt. Any employer who dismisses, demotes, disciplines, or in any way penalizes a parent-employee on account of any proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, or on account of the employer's compliance with such order or orders, shall be liable to the parent-employee for all damages, together with costs, interest thereon, and a reasonable attorney's fee, resulting from the employer's action and may be enjoined by any court of competent jurisdiction from continuing such action. Any proceeding to punish an employer for contempt, to hold the employer liable for earnings not withheld and transmitted, to hold the employer liable for actions taken against the parent-employee, or to enjoin the employer from continuing such actions, must be commenced within ninety days after the employer's act or failure to act upon which such proceeding is based.Source  Laws 1974, LB 1015, § 17.