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
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.
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.
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