Omaha, NE asked in Child Support for Nebraska

Q: Just finalized child support and divorce in April. Daughter is currently 17. I got a raise. What can my ex do to get ch

Child support raised in his favor? In Nebraska it's only reviewed every 3 years. I am more than willing to raise it for him.

Is there a cap on it? Thank you

Related Topics:
2 Lawyer Answers
Vanessa Jean Gorden
Vanessa Jean Gorden
Answered
  • Lincoln, NE
  • Licensed in Nebraska

A: Either parent is free to pay anything additional you would like. If you wish to raise it through the courts, that requires filing a Complaint to Modify and Voluntary Appearance and Stipulation and proposed Order to make a change that is permanent and enforceable. Generally the change needs to be substantial which means the change in income would change the support by +/- 10% or more.

Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: If both parents are in agreement, it is relatively easy to stipulate to an new modification order whether whatever terms the parties agree to. It is a matter of preparing the paperwork, paying the Court filing fee, and submitting the signed stipulated (agreed-upon) documents. Once the documents are agreed upon and signed, the Court process can generally completed in one day.

However, it often doesn't make sense to stipulate to an order that requires you to do more than already court-ordered. If I have a client that wants to give more, I often suggest that they speak with their tax professional for options before giving money to the other parent directly. For example, the tax benefits that can come with contributing to a 529 college savings plan for a child might be worth looking into, among other options.

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.