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?

Related Topics:
1 Lawyer Answer
Julie Fowler
Julie Fowler
  • 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.

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.