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

Q: Order & Non-Cust. parent lives in CO. I'm in NE. He didn't pay child support 1st 10 yrs, then min for >2 yrs in '20-'21

Payments stopped when he purchased a house & I claimed bankruptcy. Per DHHS I should have received tax returns, partial covid pymnt. He owes over $100k. Both kids are now over 19. How do I know DHHS is doing anything (already asked a couple times) and what recourse do I have? He states he got modifications but I was never made aware.

1 Lawyer Answer

A: You can review the court file to see the dates of any orders of modification. You can access the child support case file info online (for a fee) through the Nebraska Supreme Court's eservices website:

https://supremecourt.nebraska.gov/e-services/case-information-eservices

You can obtain actual copies of the orders (for a fee) through the Clerk of the District Court where you child support order was entered.

You would need to contact the child support office to ask what attempts they've made to collect back child support. Some of their efforts (contempt actions, garnishment actions, etc. will also show in the court file). Other actions, such as driver's license suspension, won't have any entry in the court file.

Keep in mind that you aren't limited to the Child Support Office's actions. You can also take your own efforts to try to collect the back child support. These include show cause/contempt actions, garnishment actions, liens, sheriff sale, among others, depending on the specific facts of the case. You would either have to hire an attorney to assist you with these or figure out how to file these on your own. Whether it makes sense to spend the money to hire an attorney on private collection attempts depends on how likely the efforts are to be successful. If this person has a lot of assets/money but avoids paying child support, then it may be well worth your time/money to hire an attorney to attempt other enforcement actions for you. On the other hand, if this person has little in the way of collectible assets/income, the cost-benefit analysis may not weigh in favor of spending your own funds on collection actions at this time.

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.