answered on Mar 20, 2023
That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different... Read more »
When a child turns of legal age in Nebraska, can they themselves seek retroactive child support from their non-custodial parent (even though no parternity has not been established, but know who the non-custodial parent is, and resided out of state)?
answered on Feb 16, 2023
Child support is owed to the person who supports the child during the child's minority, not technically to the child. I have never seen the Court allow a person to bring an action for child support if paternity and child support weren't established while the child was a minor. The... Read more »
I know child support must be paid until age 19 in Nebraska, but why would the mother get the money if the child no longer lives there after age 18? Can it go directly to the 18 year old child instead?
answered on Jan 9, 2023
It is actually not uncommon for a parent to still be ordered to pay child support even though the teenage child is no longer living with the custodial parent. The most common situation is when the teen is living in the dorms at the freshman year of college. So long as the custodial parent is... Read more »
answered on Dec 7, 2022
If neither parent wants to pay or receive child support and the child lives with a parent, the parents can ask for the child support order to be terminated. This is generally done through filing a motion and order to terminate child support or through a modification action, depending on the facts... Read more »
He’s 23 now so no child support payments for 4 years
answered on Nov 26, 2022
Hello - Even if the child is 23, if you owe child support money or still owe interest from a past balance paid, any child support debt will continue to accrue interest until paid in full or a receipt is filed by the other parent. The only exception would be if a Court retroactively adjusts child... Read more »
My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... Read more »
answered on Oct 26, 2022
Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... Read more »
What are the guidelines for being “low-income”
answered on Jun 11, 2022
This is how the Nebraska Child Support Guidelines defines minimum support:
§ 4-209. Minimum support.
Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the... Read more »
Child support enforcement kept taking weekly payments for 6 yrs. until we finally had a lawyer look into it and got a copy of the adoption order. He had an other child support order and didn't realize they had continued to take and pay for the one that was adopted. Currently, his child support... Read more »
answered on Mar 28, 2022
You would need to speak with an attorney about the specifics of your case as to your options. Depending on the circumstances, you may be able to bring a cause of action against the parent that received money if they lawfully should not have. You might expect a counter claim to recoup other costs... Read more »
She is an exgirlfriend now seeking support
answered on Feb 4, 2022
The State can file an action to establish paternity and child support up to the age of 18 years old. Thus, if a child is under 18 years old, the State can go forward.
Will it be more beneficial for him to go to court and establish a custody agreement? Is there a chance he could receive full custody if he has a full time job/place to live/clean record?
answered on Jan 7, 2022
Generally, the State of Nebraska initiates child support actions if a parent seeks state benefits and no support is in place. Once that case is opened, if there is no custody/parenting time order and he would like to have one, he will want to make sure the mother is added as a party and file an... Read more »
We live in nebraska and both agree on the matter. We live together, share the bills and raise the child together. We no longer want to have child support taken out of check and deposited into our account. how can we close the child support case?
answered on Jan 6, 2022
It depends on whether the State or public assistance is involved in your children and your lives. If the State isn't a party to the case and there is no public assistance involved, you should be able to file a motion with the Court to terminate the child support and no one will likely object... Read more »
We settled on an amount because he was supposedly not working and I found out he is working for his brother and getting paid cash/under the table. He will not answer when I ask about the payments and has now left the Country on vacation. It's been a lot of lies about legal status and... Read more »
answered on Jan 6, 2022
If you want a party to be court-ordered to pay child support, you can file an action with the Court to establish a child support order. Once the child support is court-ordered, you can use the legal methods available to try to collect the child support. This includes wage garnishment, passport... Read more »
In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child... Read more »
answered on Jan 6, 2022
Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the... Read more »
Child support raised in his favor? In Nebraska it's only reviewed every 3 years. I am more than willing to raise it for him.
Is there a cap on it? Thank you
answered on Dec 26, 2021
Either parent is free to pay anything additional you would like. If you wish to raise it through the courts, that requires filing a Complaint to Modify and Voluntary Appearance and Stipulation and proposed Order to make a change that is permanent and enforceable. Generally the change needs to be... Read more »
We got 50/50 and the temp order states child support and alimony for me to start paying and for both of us to take care of our own mortgages and bills. She has not made the mortgage payment and I haven’t pay for child support and alimony yet since I don’t have any court paperwork. Her lawyer is... Read more »
answered on Sep 21, 2021
The Order will include the start date that the judge ordered the payments to start. Most temporary orders are entered by the Court within a relatively short period of time after the hearing occurs, from a few days to a month or so on average. If the other party was required to prepare the order... Read more »
He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids
answered on Aug 19, 2021
If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.
If you want to ask the Court to enter or change a custody order or parenting time, then you would need to... Read more »
Stipulation says zero and Complaint says 10% increase in defendants child support obligation. My son is 18 and decided to live with his father in another state.
answered on Aug 19, 2021
The Complaint just has to give the other party general notice as to what might be requested if the case goes to trial. The Stipulation is what the parties actually agree to. Thus, the Complaint and Stipulation often have very different language.
Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »
answered on Jul 21, 2021
Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will... Read more »
My child support case hasnt been reviewed in many years. If its reviewed, is there a chance of owing retroactive support?
answered on Jun 18, 2021
There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't... Read more »
they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?
answered on Jun 18, 2021
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your... Read more »
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