Wife and I agree on a simple, uncontested divorce. We have 3 minor children. She is granting me full legal and custodial custody, uncontested. She is leaving the state and going far away, so any joint custody will be impossible. She said that she does not want alimony because I have to raise the... Read more »
Yes, either party can waive alimony, and if it is waived at the time of divorce, it can never be requested again in the future. Child support is a different story. Even if it is waived initially, it can be modified to request support in the future. There are circumstances where the State will...Read more »
There is a chance, although probably very unlikely. The earliest a child support modification becomes effective is generally the month after the action to increase child support was filed. This can be later if the party wasn't served the same month the case was filed. You also aren't...Read more »
they were removed from my care based on lies stated from a officer which I have solid proof that accusations were untrue. The state took emergency custody based off of this lie of a statement. How do I stand up for myself?
When a child is removed from a parent due to allegations of abuse or neglect, the parent will be appointed an attorney at the first hearing if they can't afford counsel. If you can't afford an attorney, you should request an attorney appointed and then speak with the attorney about your...Read more »
If you are asking to change custody and for the other parent to pay you child support, you likely need to file a complaint to modify. The filing of the complaint to modify begins a modification action where you can ask the Court to change custody and order the other party to provide support.
In order to change a current custody order, you generally need to file a complaint to modify to start a modification action. If both parties are in agreement, you may be able to follow this up with submitting a stipulated modification order to change the order to the new terms that both parties...Read more »
My ex and her live in boyfriend recently went out of town. I am required by them (not the court), to communicate to them only through email. He emailed me asking if I wanted to watch my daughter. Of course and we set up a plan which ended with him saying’”Ok, sounds good”.I took that as... Read more »
The Court determines what is allowed in a specific custody/parenting time dispute by looking at the custody order and parenting plan. If you don't have a custody order with parenting plan, then you need to file an action to ask the Court to enter a custody order with parenting plan. The...Read more »
I lost my job and haven’t paid child support since June. I will, however get caught up. But my ex is not allowing me to even communicate with my child via text or phone call. If I can’t reach my child I am to call her boyfriend who then determines wether or not my wanting to speak or text with... Read more »
getting no answers from DHHS or child support in many counties . The courthouse states it’s a “special request” and they will get back to me.Also stated no arrears if it was not modified before moving after a year? I now live in Ne. and received a letter from DHHS here in Ne. 2 years ago... Read more »
We are relocating day after high school gradation in May. Child turns 18 middle of June. Child support ends 18 or graduation in CA whichever comes 1st. We are relocating day after graduation. Can I file in Nebraska right when we get there for another child support order since Nebraska child... Read more »
When you register an out-of-state child support order in Nebraska, some rules from the original state still apply. This includes the "duration of the child support order." This means that the age of majority that automatically terminates child support from the original state still...Read more »
Child support generally (but not always) terminates when a child begins service in the military. You may want to check the wording of your order. Some orders specifically state child support ends when military service is entered. Depending on the terms of the order, you may need to file a motion...Read more »
Child Support and Parenting Time are two separate issues. Not paying support doesn't prevent you from visiting and paying support doesn't guarantee a right to visit. Alot depends on whether the guardianship is full or partial. A guardian simply steps into the shoes of a parent and has the...Read more »
I'm making a move to Nebraska from PA for college. I get medical assistance for my son and thats it. My sons father is not involved at all and I don't get child support either I never did. Now I had someone tell me the only way I can get daycare and medical assistance is if I am getting... Read more »
Every parent has a legal duty to support their child; it cannot be eliminated simply by not being part of child’s life. As far as I am aware, every state requires a person seeking public benefits and assistance to also attempt to obtain child support from other parent. In this case state funded...Read more »
My baby's father is already $12k backed in child support from his first kid. I have thought it through a million times and I am 100% sure that receiving child support for our baby wouldn't be beneficial. I want the baby to still have his last name so I can't just not have him sign... Read more »
If you aren't receiving public assistance, you should be able to ask the child support office to close the case. If you are receiving public assistance and the father is in the same house, you should be able to ask the child support office to close the case as long as the father is also...Read more »
Some how my ex was able to send some kind of falsified notice to child support stating that he's no longer employed by the company he is still and has been working for for 3 yrs. How can this happen and why won't child support enforcement tell me how they were notified? What recourse do I have?
The Child Support Office is limited in what information they can provide to the custodial parent. You can send an income withholding to an employer on your own. You are not required to have child support send the income withholding. It is not uncommon for family law attorneys to do so. You...Read more »
However, my partner have been in my childs life since she was 1.5 years old and is the father figure since. And my ex has not had any contact with myself or my child since Feb 2018. As well my ex lives in another state.
It depends on a lot of factors. A parent's rights are superior to those of a non-parent. The Court can grant a non-parent custody or visitation rights in limited circumstances. These are generally through a guardianship action when a parent is unfit or a request for in loco parentis...Read more »
We have children together plus partner's child from a previous relationship. the child portrays the mother as only caring to appear to be a good mother but in reality pays no interest. The mother has lied about situations in order to take said child out of school in which said child told us... Read more »
In order to have grounds for a change in custody, you generally need to show that there has been a material change in circumstances and that the change is in the minor child's best interests. If custody is changed from the custodial parent to the non-custodial parent, then the non-custodial...Read more »
I need to know what to do if I divorced and am paying child support in TX as directed by my divorce decree. But, we all live in NE now. TX says 18 for child support, and NE says 19. We have been following the TX divorce decree that has never been changed since we all moved to NE. When my child... Read more »
Generally the age of majority for child support doesn't automatically change from the original order even if the parties move to a new state. Thus, child support can still terminate at 18 years old even if the child is living in Nebraska if the original order was entered in a state where...Read more »
The judge established he should pay $350+ per month (in Nebraska). Will my daughter see any of that money or does the state take it all? Also, the amount seems very high for someone making only 11 bucks an hour. They said the judge set it according to what his "earning potential" is. Can... Read more »
Yes, your daughter receives the child support directly. Earning potential means income was imputed at the level he could be reasonably expected to earn. (A parent cannot voluntarily quit a job or work for less money to avoid supporting their child/ren). If the parties reside together in the future,...Read more »
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