The notice of intent to appeal is not magical - it just states that an appeal is on its way. However, it will be important that fees and costs be paid, etc. so the matter is not dismissed. Nebraska has a really good citizens' guide to appellate courts here:... View More

Especially if your case when to trial, there are other methods to challenge the order besides the appeal. One of the most common is a motion for new trial. A motion for new trial goes back to the same judge that made the ruling but also gives that judge a chance to take a look at the order again... View More

Child support generally terminates when a child reaches the age of majority. In Nebraska, the child support ends when a child turns 19 years old. If you did not make the child support payments timely when the children were minors, you will still owe the back child support, including the... View More

In Nebraska child support generally ends at 19 years old when the child becomes an adult under the law. In some cases parents may extend this by agreement such as for special needs children who will require care as adults. If you are paying on arrearages (past due), the answer is no- all support... View More

Is your divorce action still pending? If only a temporary order was entered, you have a lot more options than if the final divorce decree was already entered. From the wording of your question, it sounds like you may already be divorced at this time. You only have 10 days after the divorce decree... View More

The other parent and child moving into the home is not an automatic ground to terminate the child support order. However, assuming this is a material change since the Decree was entered, you may have good grounds to ask the Court to terminate the child support due to the direct support being... View More

That is correct. Child support in Nebraska is due in full and owed on the 1st of each calendar month and it is paid by the month and not pro-rated. Just as children are minor dependents for tax purposes in the year they turn 19 whether they turn 19 in January or December, support is owed for the... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

If you're filing a joint tax return and your spouse has outstanding child support obligations but does not have any income for the year 2023, you may still want to consider filing an Injured Spouse Allocation form (Form 8379) with your tax return. This form is used to ensure that the portion... View More

You would need to speak with your tax professional for advice specific to your situation. In general, any refund from a joint tax return is generally subject to tax intercept for back child support owed by either spouse. However, if you file the injured spouse form you can generally prevent the... View More

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... View More

The child support office is part of the government, or a contractor for the government. The child support office is required to do things like enforce child support orders, among other tasks. This means that they can send an income withholding to garnish wages for child support, among other... View More

If the children are still minors, either parent can file to have child support ordered again.

Child support is for support of the children. However, it is owed to the custodial parent, not the children. Thus, if there is back child support, it is owed to the parent that raised the children, not the children.

You don't have a right to write off the interest owed even if only interest is due at this time. The party that it is owed to may be willing to write it off or agree to a lump sum payment to write off the rest. You would need to contact the party that it is owed to in order to request they... View More

If you want to terminate the guardianship and the child is still a minor under Nebraska law, then you need to file an action with the Court to ask to terminate the guardianship. If no party is objecting, then the Court may be likely enter an order to terminate the guardianship case and thus... View More

You aren't required to use a specific form to make this request. Many of the forms available on the court's website do allow you to handwrite changes to match your situation. That may be a possibilty here if your court will accept it with a handwritten change. If they won't and... View More

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... View More

If you feel a crime has been committed, you could try filing a police report but it would be up to law enforcement/prosecutor whether the circumstances meet the criteria for the State to be willing to file criminal charges. Sometimes if they feel the matter may not meet the criteria and could be... View More

Once all parties have moved to another state, it is generally possible to register the order in the state where the child is now residing. Generally you need court permission to move a child out of state once a custody order has been entered (at least in Nebraska). If that did not happen before... View More

You would need to look at the child support order that ordered the child support. Who is listed as the payee to receive listed to receive child support in the court order? The person who is listed as the payee is the person that the Court has ordered child support paid to. If someone else is... View More