Nebraska Child Support Questions & Answers

Q: Can court proceedings of a child support in arrears be heard in probate court

1 Answer | Asked in Child Support for Nebraska on
Answered on Feb 9, 2019
Julie Fowler's answer
When a person who owes back child support (payor) has the potential to inherit in a probate case, the person who is owed child support (payee) can file an action in the probate case. This is usually by filing a child support lien in the probate case. The money that the payor would inherit would then instead be paid to the child support payment center to pay out to the payee towards back child support.

Q: Can my child's father be indicted for not be present in the said childs life and be charged for child abandonment??

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on
Answered on Jan 19, 2019
Vanessa Jean Gorden's answer
The terms you are using ("indictment" and "charged") do not really apply to paternity and parenting situations. If father signed a Notarized Acknowledgment of Paternity, that serves as a legal basis for paternity under Nebraska law. However, more must occur in the courts for him to have the responsibility to pay support or to have rights of parenting time for the child. If child support has been established and court-ordered and he does not pay, he may eventually be held criminally liable for...

Q: If i file for child support and father pays half of daycare expenses, does that come out of child support amount?

2 Answers | Asked in Child Support for Nebraska on
Answered on Jan 2, 2019
Vanessa Jean Gorden's answer
Child support is separate from daycare and medical expenses, it does not come out of the amount he will be required to pay. However, if paying child support and daycare would put the father under the poverty line, he would not be ordered to share the daycare costs. I hope this is helpful! Best!

Q: The state took all the money From our account for my child support payments but it was my husband's money from SSI

1 Answer | Asked in Child Support for Nebraska on
Answered on Jun 30, 2018
Julie Fowler's answer
Social security funds have rules that exempt them from most types of collection actions. When these funds are co-mingled in an another's account or joint account, it becomes more complicated. When a person's funds are frozen in a child support garnishment action, the person can request a hearing to dispute the garnishment. At the hearing, the person can present evidence as to why the amounts should not be garnished. You only have a few days to request the hearing or the money will be...

Q: My daughter is 18 and is now living on her own and going to college why would I have to continue to pay child support?

1 Answer | Asked in Child Support for Nebraska on
Answered on May 17, 2018
Vanessa Jean Gorden's answer
The age of majority in Nebraska is 19 years old. Even if your daughter is attending college, legally both parents are still responsible for her until she reaches the age of majority. However, if the former custodial parent is not providing support for her, you may wish to modify your support order to pay directly to your daughter versus paying the other parent. However, if the other parent is providing for her (by way of example, health insurance, tuition, rent, cell phone, car, etc.) and is...

Q: 19 yr old son attending college and support ended. How to I get child support for him since I am still supporting him?

1 Answer | Asked in Child Support for Nebraska on
Answered on Apr 25, 2018
Vanessa Jean Gorden's answer
You cannot get support for your child from the other parent because he is a legal adult at the age of 19 and neither of you have any legal obligation whatsoever to support him through college. Some parents do and some don’t but it is not required by any law, with the possible exception of if you had agreed to it prior to him turning 19 and the judge had accepted the agreement and ordered it. At this time though you cannot do it after the fact. Best wishes.

Q: What rights does my babys dad have?

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on
Answered on Jul 27, 2017
Brendan Michael Kelly's answer
Both parties have full rights to a child if not court order is in place. Since he is not on the birth certificate he would have to go to court and establish paternity before the court or police would all him any rights. The advantage to you is that the he could be order to pay support. The disadvantage is he would/could have more contact with the child down the road.

Q: can i be arrested for non payment of arrears on my adult children?

1 Answer | Asked in Child Support for Nebraska on
Answered on Jul 24, 2017
Brendan Michael Kelly's answer
No, but it may impact your credit rating. The court can hold a party in contempt and require a payment plan to remove the contempt. The fact that the children are adults would not cause a court to have a contempt hearing.

Q: My Son is 2b adopted by his SF. Got paper 2 sign in mail. Signing away rights is all thats mentioned? Still pay CS?

1 Answer | Asked in Adoption, Family Law and Child Support for Nebraska on
Answered on Apr 25, 2017
Brendan Michael Kelly's answer
You will have to pay child support until the adoption is completed. You may also have to pay a $65 fee plus pay for service to get the CS stopped. You will continue to owe the back child support. My suggestion is you work with an attorney to help you and negotiate the terms so some of the prior support is resolved in your favor.

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