Q: Can child support be modified after a custody modification was signed 4 years ago?
In 2018 I my childs dad took me to court for more time with out son, he also wanted child support modified at that time too. We agreed on a parenting plan that gave him a few extra days and week on/off in the summer. I was at a place in my life where I didn't need the full amount of child support he was paying. I agreed to a lesser amount in child support, I am not finding that as my child gets older, the cost of living, and all the activities my child participates in the amount doees not cut it. Can I request child support be modified?
A: Maybe, depending on whether there is a material and substantial change in circumstances that would result in support going up or down by more than 10%, including a change in incomes, expenses for the child, etc. You will want to visit with an attorney about your specific facts on this though as the State Child Support Guidelines for Nebraska were modified in 2020 which lowered support for many payors. Or, in the alternative, you can request NDHHS child support enforcement do a review for modification since it has been a few years. They will do this at no charge for parents no matter what their income. Best wishes!
A:
Yes, you can file a modification if there has been a material change in circumstances. If you agreed to a lower amount of child support, the Court will generally look at whether the reasoning for lowering still exists or not when deciding whether the order should be modified or not. Whether it is worth it to file the modification action and how likely it is the Court will modify it as you request depends on factors beyond what you stated in your question.
Keep in mind that if you file a modification to increase child support, it isn't uncommon for the other party to counter with a request for increased parenting time, up to and including a request for joint or sole custody.
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