Can my granddaughter sue her parents who neglect her financially in Nebraska?

Full Question:

My son and his wife are not caring their daughter who turned 9 years. Although they have enough income, they are not even willing to provide any financial support for her basic needs. She always comes to me, her granny, for her needs. Now she is not going to school too. I think they don’t like her. Can my granddaughter sue her parents who neglect her?
03/08/2017   |   Category: Minors » Support   |   State: Nebraska   |   #33573


Yes, your son and his wife have committed criminal nonsupport since they intentionally failed, refused, or neglected to provide proper support, which they knows they are legally obliged to provide, to their minor daughter. Criminal nonsupport is a Class II misdemeanor which may be punishable for six months imprisonment, or one thousand dollars fine, or both. So they are punishable for six months imprisonment, or one thousand dollars fine, or both for their failure to provide support to your granddaughter.

R.R.S. Neb. § 28-706 reads:
“(1) Any person who intentionally fails, refuses, or neglects to provide proper support which he or she knows or reasonably should know he or she is legally obliged to provide to a spouse, minor child, minor stepchild, or other dependent commits criminal nonsupport.
(2) A parent or guardian who refuses to pay hospital costs, medical costs, or any other costs arising out of or in connection with an abortion procedure performed on a minor child or minor stepchild does not commit criminal nonsupport if:
     (a) Such parent or guardian was not consulted prior to the abortion procedure; or
     (b) After consultation, such parent or guardian refused to grant consent for such procedure, and the abortion procedure was not necessary to preserve the minor child or stepchild from an imminent peril that substantially endangered her life or health.
(3) Support includes, but is not limited to, food, clothing, medical care, and shelter.
(4) A designation of assets for or use of income by an individual in accordance with section 68-922 shall be considered just cause for failure to use such assets or income to provide medical support of such individual's spouse.
(5) This section does not exclude any applicable civil remedy.
(6) Except as provided in subsection (7) of this section, criminal nonsupport is a Class II misdemeanor.
(7) Criminal nonsupport is a Class IV felony if it is in violation of any order of any court.
§ 28-106.  Misdemeanors; classification of penalties; sentences; where served.”
R.R.S. Neb. § 28-106 reads:
“(1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction:
Class II misdemeanor Maximum - six months imprisonment, or one thousand dollars fine, or both
Minimum – none . . ..”