25-327

25-327. Modification and termination of
provisions for maintenance, support and property
disposition

A. Except as otherwise provided in section 25-317, subsections F and G, the
provisions of any decree respecting maintenance or support may be modified or terminated
only on a showing of changed circumstances that are substantial and continuing except as
to any amount that may have accrued as an arrearage before the date of notice of the
motion or order to show cause to modify or terminate. The addition of health insurance
coverage as defined in section 25-531 or a change in the availability of health insurance
coverage may constitute a continuing and substantial change in circumstance. The
provisions as to property disposition may not be revoked or modified, unless the court
finds the existence of conditions that justify the reopening of a judgment under the laws
of this state. Modifications and terminations are effective on the first day of the
month following notice of the petition for modification or termination unless the court,
for good cause shown, orders the change to become effective at a different date but not
earlier than the date of filing the petition for modification or termination.

B. Unless otherwise agreed in writing or expressly provided in the decree, the
obligation to pay future maintenance is terminated on the death of either party or the
remarriage of the party receiving maintenance.

C. Unless otherwise agreed in writing or expressly provided in the decree,
provisions for the support of a minor child are not terminated by the death of a parent
obligated to support the child. If a parent obligated to pay support dies, the amount of
future support may be modified, revoked or commuted to a lump sum payment to the extent
just and appropriate in the circumstances and has priority equal to the right for family
allowance in section 14-2404. Past due support has priority equal to claims provided for
in section 14-3805, subsection A, paragraph 6.

D. Notwithstanding any other law, pursuant to a petition filed pursuant to this
section the court may suspend the imposition of future interest that accrues on a
judgment for support issued pursuant to this article for the period of time that the
petitioner is incarcerated or physically or mentally disabled to the extent that the
person is unable to maintain employment.