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Nebraska Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: 18 year oldyear old son has been living with his grandparents they have temporary guardiansship over hm he just went of

Went off to college so is that now mean that I have custody of him now because they sent the ReliaCard to me I don't know what to do

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

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

2 Answers | Asked in Family Law and Child Support for Nebraska on
Q: terminate child support, joined the millitary.

How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More

Julie Fowler
Julie Fowler
answered on Aug 31, 2023

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

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2 Answers | Asked in Family Law and Child Support for Nebraska on
Q: terminate child support, joined the millitary.

How do I fill out the affidavit to obtain termination of child support. He joined the military, and his mother has agreed to terminate the support. I only have 4 boxes to check, he died, he got married, he's 19, and the child has been emancipated by court order form ______. None of these fit... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 20, 2023

You can try writing in the correct reasoning and having both parents sign off and have signatures notarized. However, depending on how much your child support is each month, your best bet is likely to just hire a lawyer to draft a Stipulated Termination so the lawyer can reference your specific... View More

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1 Answer | Asked in Family Law, Child Support, Civil Litigation and Health Care Law for Nebraska on
Q: My ex sent me bills for our daughter and I paid them. She did not include discounts. Can I file fraud charges?

I was billed $3600 and told that financial assistance wasn’t available and that the total was including insurance discounts. After reaching out to the hospital it was determined the total was roughly $400 and she didn’t even make a single payment. Now she’s taking me to court for contempt... View More

Julie Fowler
Julie Fowler
answered on Jul 25, 2023

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

2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

Julie Fowler
Julie Fowler
answered on Jul 20, 2023

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

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2 Answers | Asked in Family Law, Child Custody, Child Support and Native American Law for Nebraska on
Q: Do I need to file for CS & custody through Indian tribe since I divorced through there, not tribal member?

Ex husband is a tribal member, we had written a parental agreement including an amount he would pay monthly. It was stamped and certified, I believe, by their judge. The agreement has not been honored in over a year. I live out of the state I was divorced in (AZ), Id like to file here if its... View More

James L. Arrasmith
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answered on Jul 28, 2023

Since you were divorced through the Indian tribe and not a tribal member, it is likely that you would need to address child support and custody matters through the tribal court. However, as you and your ex-husband currently live out of the state where you were divorced (AZ), it may be possible to... View More

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1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Why did my daughters grandma get my back child support .

I raised my daughter from birth to 2 months before she turned 18. She moved in to her grandmas house (dads mom) and has paid rent and utilities the whole time. I called and terminated any further child support because she was supporting herself, but I just got a statement and all my back child... View More

Julie Fowler
Julie Fowler
answered on Jun 24, 2023

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

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Nebraska on
Q: NEB/ my child support case required a referree report, is it true a referee is only required for step parent/non custdia

ive never did a paternity test but i did sign the birth certificate & a AOP i had a child support case which was dismissed because my son is with me more then his mother & ive had insurance since he was born, a referree report was required, i had 14 days to come back to court which i was... View More

Julie Fowler
Julie Fowler
answered on May 24, 2023

The Child Support Referee is a type of judge that primarily handles child support cases. One way to think about it is to think that the child support referee is under the supervision of the district court judges. There are so many child support cases and it helps to have a specialized judge to... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Julie Fowler
Julie Fowler
answered on Mar 20, 2023

You can see some examples of an "answer" on the Nebraska Supreme Court's website under forms. In family law cases, most of the time, you file both an Answer as your response to their Complaint and then also a counter complaint to ask for what you would like the Court to grant.... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 20, 2023

That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different... View More

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1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: When a child turns of legal age, can they seek retroactive child support, even though no paternity has been established?

When a child turns of legal age in Nebraska, can they themselves seek retroactive child support from their non-custodial parent (even though no parternity has not been established, but know who the non-custodial parent is, and resided out of state)?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Child support is owed to the person who supports the child during the child's minority, not technically to the child. I have never seen the Court allow a person to bring an action for child support if paternity and child support weren't established while the child was a minor. The... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: In Nebraska, if a child is 18 and moves out of his mother's home, can father's support go to kid instead of mom?

I know child support must be paid until age 19 in Nebraska, but why would the mother get the money if the child no longer lives there after age 18? Can it go directly to the 18 year old child instead?

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

It is actually not uncommon for a parent to still be ordered to pay child support even though the teenage child is no longer living with the custodial parent. The most common situation is when the teen is living in the dorms at the freshman year of college. So long as the custodial parent is... View More

1 Answer | Asked in Divorce and Child Support for Nebraska on
Q: Is there a waiver to waive child support in nebraska if neither party wants it.
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

If neither parent wants to pay or receive child support and the child lives with a parent, the parents can ask for the child support order to be terminated. This is generally done through filing a motion and order to terminate child support or through a modification action, depending on the facts... View More

2 Answers | Asked in Child Support for Nebraska on
Q: Can I get the interest on the back child support written off in Nebraska? The child support is caught up just interest.

He’s 23 now so no child support payments for 4 years

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

It depends on who the interests is owed to and if they want to write it off. If the money is owed to the other parent and they are willing to write it off, they can do so. If they don't want to write it off, then there isn't a law that forces them to. If the money is owed to the State... View More

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2 Answers | Asked in Child Support for Nebraska on
Q: Can I get the interest on the back child support written off in Nebraska? The child support is caught up just interest.

He’s 23 now so no child support payments for 4 years

Brad Marsicek
Brad Marsicek
answered on Nov 26, 2022

Hello - Even if the child is 23, if you owe child support money or still owe interest from a past balance paid, any child support debt will continue to accrue interest until paid in full or a receipt is filed by the other parent. The only exception would be if a Court retroactively adjusts child... View More

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2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 26, 2022

Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to... View More

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2 Answers | Asked in Divorce, Family Law and Child Support for Nebraska on
Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?

My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily.... View More

Julie Fowler
Julie Fowler
answered on Nov 3, 2022

If your goal is to stop the child support, you probably don't need an emancipation action, but you will need a court order to terminate the child support order before the child turns 19 year old. If the other party is willing to work with you, you may be able to do this with a stipulated... View More

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1 Answer | Asked in Child Support for Nebraska on
Q: How does Nebraska determine if someone only owes 10% of their monthly income in child support?

What are the guidelines for being “low-income”

Julie Fowler
Julie Fowler
answered on Jun 11, 2022

This is how the Nebraska Child Support Guidelines defines minimum support:

§ 4-209. Minimum support.

Even in very low income cases, except in cases of disability or incarceration where a lower amount may be justified, a minimum monthly support of $50, or 10 percent of the...
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1 Answer | Asked in Divorce, Family Law and Child Support for Nebraska on
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... View More

Julie Fowler
Julie Fowler
answered on Jul 31, 2023

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...
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1 Answer | Asked in Child Support for Nebraska on
Q: Husband overpaid 6,000$ after he relinquished his rights,NE kept withholding his income. Can he recoup his money?

Child support enforcement kept taking weekly payments for 6 yrs. until we finally had a lawyer look into it and got a copy of the adoption order. He had an other child support order and didn't realize they had continued to take and pay for the one that was adopted. Currently, his child support... View More

Julie Fowler
Julie Fowler
answered on Mar 28, 2022

You would need to speak with an attorney about the specifics of your case as to your options. Depending on the circumstances, you may be able to bring a cause of action against the parent that received money if they lawfully should not have. You might expect a counter claim to recoup other costs... View More

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