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 »
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 »
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 »
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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?
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 »
If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.
In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties...Read more »
My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... Read more »
The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The...Read more »
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