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

Q: He is not compliant with the court ordered agreement rules.he has broken/gone against almost every single oder on papers

Childsupport ordered they didnt even go based on his actual salary causs he is union.he lied on his income only claimed 2 employers.i proved it in court first appearance.what can i do?.

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

A: If you disagree with what the Court ordered, you can challenge the order. Your options to challenge the order depend on how long ago the order was entered. If it was entered very recently, you may be able to file a motion for new trial or an appeal, among other possible motions. Some of these motions have very short deadlines to file. For example, the motion for new trial has to be filed within 10 days and the appeal has to be filed in 30 days. Thus, if your order was entered recently, you should speak with an attorney today so as to not miss out by not filing quick enough.

If the order is not so recent, you still have options to challenge the order. The most common is to file a complaint to modify once there has been a material change in circumstances. You can argue that there has been a material change since the Order was originally entered and ask the Order to be adjusted accordingly.

If you don't object to the terms of the Order itself, but the other party just doesn't follow it, then you also have options. For example, a garnishment, show cause/contempt, or other enforcement action can be filed if he is not paying child support or following the financial provisions of the order.

When a party has more than one job, the Court has discretion as to whether to include the income from all employments when calculating income or not. For example, if a party has a full-time 40 plus hour per week job and also picked up a side job over the Christmas time to catch up on bills, the Judge may use their discretion and decide not to include the part-time job in addition to the full-time job. The theory is that it would otherwise lock the parent into working more than full-time in order to keep up with the child support and also take away time that could potentially be spent with the children. On the other hand, the Court could use its discretion to include the additional income when calculating child support. For example, if a parent was a music teacher for a school but has also supplemented their income the past 5 years by giving music lessons in the summer to students, the Court might find that in such case it is appropriate to include both incomes when determining that parent's earnings. It depends on the specific case.

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