North Platte, NE asked in Child Support and Family Law for Nebraska

Q: My daughter is getting child support, on her fafsa she has to claim me, the biological mother and the step dads income!!

Her EFC, expected family contribution, is high and is not eligible for any federal grant money or need based scholarships! Since her step dad and I have to take out loans to help her out with college, does the biological dad have the right to claim her on his taxes this year? Also is there support orders in Nebraska where a non-custodial parent has to continue to pay support while a child is in college?

Related Topics:
1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: In Nebraska, the duty to pay child support continues until the age of 19. The parents can enter into a contract, even within their custody order, for the parents to have an obligation to provide assistance with college tuition or expenses. The Court can't order this unless both parents agree to it. Once the parents have agreed to this as part of their custody order, the court will generally enforce it under contract law if a parent later changes their mind. Thus, the Court will generally force the parent to pay a share of college expenses if that was part of the parents' agreement that was memorialized as part of the custody order.

Whether a parent gets to claim a child on taxes is governed by the IRS rules and the custody order. If the custody order says that a parent is able to claim a child if they are current on their child support obligation, then the parents are to follow that order even if one parent helps with college expenses and the other does not.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.