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

Q: without loosing his job, my ex managed to get notification to child support that he was no longer employed.

Some how my ex was able to send some kind of falsified notice to child support stating that he's no longer employed by the company he is still and has been working for for 3 yrs. How can this happen and why won't child support enforcement tell me how they were notified? What recourse do I have?

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

A: The Child Support Office is limited in what information they can provide to the custodial parent. You can send an income withholding to an employer on your own. You are not required to have child support send the income withholding. It is not uncommon for family law attorneys to do so. You would likely need to retain an attorney for assistance in drafting the necessary paperwork. There is a cause of action that you can file against an employer for not following the income withholding. Again, you would likely need to hire an attorney to file this for you as there are no forms for this action that I am aware of.

Sometimes an employees' status changes and that affects the income withholding. An employer may not have authority to withhold from certain contractors or subcontractors. Sometimes this is what is happening when an income withholding stops but the person still seems to be doing the same type of work. There are other enforcement strategies besides income withholding. If an income withholding isn't working, you might want to pursue one of the other methods of collection, including garnishment of bank accounts, sheriff sale of assets, among others, depending on the facts of the case.

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