Q: My daughter gets Medicaid for my granddaughter and she and her boyfriend were ordered to child support court.
The judge established he should pay $350+ per month (in Nebraska). Will my daughter see any of that money or does the state take it all? Also, the amount seems very high for someone making only 11 bucks an hour. They said the judge set it according to what his "earning potential" is. Can the amount be lowered?
A: Yes, your daughter receives the child support directly. Earning potential means income was imputed at the level he could be reasonably expected to earn. (A parent cannot voluntarily quit a job or work for less money to avoid supporting their child/ren). If the parties reside together in the future, then dad could be considered to be directly supporting the child and they could have the support terminated. I hope this information is helpful!
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Generally child support goes to the custodial parent. Child support can be assigned to the State if the parent is receiving certain types of public assistance, such as a TANF (ADC) grant. In this situation, the custodial parent would receive the TANF (ADC) grant and the child support would be owed to the State.
If the child is not receiving public assistance, then the parents can stipulate to a lower amount of child support. If the State is providing certain types of public assistance to help support the child, then the State would likely object to child support being at a lower amount. The parents could contact their local child support office to find out their options.
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