Omaha, NE asked in Family Law and Child Support for Nebraska

Q: can a closed South Dakota child support case be reopened in South Dakota when neither parents no longer reside in the st

The custodial parent closed the case in May 2017, left the state of SD at that time with no notification to the court of the relocation. The non-custodial parent was incarcerated at the time the order was initiated 2016 and was not released until 2017 and immediately paroled to Omaha, NE.

2018 the custodial parent attempts to reopen the case in SD, though now living in Tennessee and the non-custodial parent is residing in Omaha, NE and is seeking back support payments. Other factors, if nc parent had known the order was still valid modifications would have been sought as nc parent is the sole provider of another minor child (older) who was not considered at the time of the order. What options does the nc parent has?

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1 Lawyer Answer
Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: If it is a South Dakota case, the person inquiring needs to speak with an attorney licensed in South Dakota. If this was a Nebraska case, the party would likely be able to reopen enforcement of unpaid judgment established by a court order for child support.

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