Lawyers, Answer Questions  & Get Points Log In

Nebraska Child Support Questions & Answers

1 Answer | Asked in Child Support and Family Law for Nebraska on

Q: Chances of judge starting parenting plan after 13 years of being divorced just because Of modification of child suppor

Been divorced 13 years after receiving child support modification papers defend it now wants modification of degree to get visitation of 15and 17-year-old sons whom both attend school and work and don’t want to go with defendant whom live in Omaha every other weekend .younger child defendant... Read more »

Julie Fowler answered on Sep 15, 2019

Even when a parent has gone a long period of time without seeing their children, the Court will often grant parenting time if requested. It is common for a judge to start with counseling first. For example, the judge would order family reunification therapy where the parent and child first meet... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Child Support for Nebraska on

Q: Hello... I'm looking for West's Texas Digest full volume set. Have an idea where I can find a hard copy somewhere?

I'm not for sure which reporter it is under. But all "contracts", designed by John B. West in his "West American Digest System" in the mid 1800s, and developed by "West Publishing" to organize the entire body of American Law.

For instance, I have West's Nebraska Digest -- The entire set.... Read more »

Julie Fowler answered on Sep 2, 2019

Contact West Publishing? Amazon? E-bay?

1 Answer | Asked in Child Support and Family Law for Nebraska on

Q: I am being charged with a class 4 felony for back child support and now am being charged for 4 charges rather than one

I have had 5 surgeries in the last 4 yrs and pending more and the back is due to the state due to filing of family members being the mother dropped the support odder

Julie Fowler answered on Aug 21, 2019

I'm not sure what your specific question is. If you are facing felony charges, you can be appointed a public defender if you can't afford an attorney.

1 Answer | Asked in Child Support for Nebraska on

Q: Is there legal recourse against DHHS for none payment of child support funds

I just received my pay history for my children's father's child support payments. And theres thousands of dollars that they have paid that I never received. I had AdC maybe 9 months total over the last 11 years and it's been paid back so I should be receiving the money. The us bank says they can't... Read more »

Julie Fowler answered on Aug 12, 2019

The Nebraska Child Support Payment Center keeps records of payouts to payees in their "payee ledger." I'm not sure how far back they go but I know they go back at least a number of years. This payee ledger shows what payments have been sent out to the payee over time, the amounts sent, the date... Read more »

1 Answer | Asked in Child Support for Nebraska on

Q: If we were/still together can he still get stuck with child support because I had medicaid? He's paid/supported him

We did live together but had separate homes as well. I just couldn't afford to have the baby with no insurance. Father has paid for his insurance since 6months old, he's over a year now

Julie Fowler answered on Aug 12, 2019

If a child receives certain types of public assistance, such as Medicaid, it triggers the State to bring an action for the other parent to pay child support. Depending on the type of public assistance being received and to some extent the specific county you are in (and thus judge assigned in your... Read more »

2 Answers | Asked in Child Support for Nebraska on

Q: Do the courts in Nebraska only consider nights as days you have your child? I have him 2 nights but 3 days a week.

If that is the case the percentage of time I have him wouldn’t really be correct and I would have to pay more child support.

Julie Fowler answered on Jul 29, 2019

Per the Nebraska Child Support Guidelines, the Court looks at overnights when determining how many "days" a child is with each parent to determine whether to use the joint custody or sole custody calculation for child support purposes.

View More Answers

1 Answer | Asked in Family Law and Child Support for Nebraska on

Q: Can the custodial parent opt out of receiving child support if both parents agree?

My s.o’s ex wife has stated she doesn’t want child support, is there a way she can opt out of receiving it and him paying it?

Julie Fowler answered on Jul 24, 2019

Yes, generally in Nebraska the parties can agree to waive child support. That being said, an exception may occur if the child is receiving public assistance from the state to help support the child. Depending on what type of public assistance the child is receiving, the parent may not be able to... Read more »

1 Answer | Asked in Child Support and Family Law for Nebraska on

Q: My daughter is getting child support, on her fafsa she has to claim me, the biological mother and the step dads income!!

Her EFC, expected family contribution, is high and is not eligible for any federal grant money or need based scholarships! Since her step dad and I have to take out loans to help her out with college, does the biological dad have the right to claim her on his taxes this year? Also is there support... Read more »

Julie Fowler answered on Jul 16, 2019

In Nebraska, the duty to pay child support continues until the age of 19. The parents can enter into a contract, even within their custody order, for the parents to have an obligation to provide assistance with college tuition or expenses. The Court can't order this unless both parents agree to... Read more »

1 Answer | Asked in Child Support for Nebraska on

Q: I discovered that I may have a child that is now 25 years old. Can the mother file for back child support?

I had not been informed that the child was born. The child has lived in Nebraska for it's entire life.

Julie Fowler answered on Jul 2, 2019

Child support is for support of a child. Once the child is an adult, it would be difficult to successfully argue that a retroactive award of child support for an adult is appropriate. I have never heard of a case where a party was successful in arguing for retroactive child support for an adult... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Nebraska on

Q: My son's mom is refusing to let me take our son anywhere, like the park or even to lunch without her and no court order

I'm currently on probation or a shoplifting charge I received 3 years ago and our son is almost four. I have no History of Violence and until recently have been the sole provider for him and her. She decided to move to a town 45 miles away, where I travel to at least three or four times a week to... Read more »

Julie Fowler answered on Jun 27, 2019

If the parents can't agree on custody or parenting time, then it is time to file a custody action to ask the court to set a set schedule for custody and parenting time. If paternity hasn't been legally established, the father may need to file an action asap if the child is approaching 4 years old... Read more »

1 Answer | Asked in Child Custody and Child Support for Nebraska on

Q: My son pays child support to ex girlfriend for his 6 yr old daughter. My son id supposed to get his daughter fri-sun

He has only been able to get her like 5 hrs on Sunday, hes been allowed to keep her overnight only 2x. The mom always has excuses. She got married 4/5, and the daughter doesnt like the guy, and tells my son the he yells and hit her mommy. Two weeks ago she nmoved eith her new husband from a... Read more »

Julie Fowler answered on Jun 24, 2019

If a parent is granted court-ordered parenting time and the other parent is denying it, then the most common way to enforce the parenting time is to file a contempt action. To modify the custody order, the most common method is to file a complaint to modify action. This modification action has a... Read more »

1 Answer | Asked in Child Support for Nebraska on

Q: For Nevada Lawyer. Can my husband's support order be lowered after we have our 2nd child?

Husband has another child that lives in Nevada and he was ordered to pay the minimum amount a month $100. Could he have his support lowered after we have our second child that is due this September? We live in Nebraska, I work and he is trying to get disability for his seizures so he stays at home.... Read more »

Julie Fowler answered on Jun 10, 2019

I don't practice in Nevada so I don't know have Nevada handles these. In Nebraska, the Nebraska Child Support Guidelines don't allow a reduction in child support for the reason of a subsequent child. Also, if a parent has alread been ordered the minimum order (in Nebraska it is generally $50),... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on

Q: obligated to pay ex's new wife for part of insurance premium she carries on our children?

My ex and I share joint legal/physical custody of our 2 kids. There is no child support exchanged. My ex's new wife carries the medical insurance on them as she already had a family plan in place so her premiums did not change. My ex is now wanting me to pay her for part of the premium. As I... Read more »

Julie Fowler answered on May 17, 2019

It depends on what your order states. If the order states that each party has to pay half of the insurance premiums, then depending on the wording of the order, a party could be responsible under the order for half the premiums through a new spouse's insurance. That being said, if there is no... Read more »

1 Answer | Asked in Child Support for Nebraska on

Q: I pay child support for my three kids and i filed my taxes and child support took my refund i called cse and they said

My kids wouldnt get the money because i owe the state so my question is if i owe the state why would cse give money from my paycheck to my kids if i owe the state

Julie Fowler answered on Apr 24, 2019

When a custodial parent receives certain types of public assistance (usually ADC/TANF) then the child support for the month is assigned to the State. This means that since the State is paying out cash grants to the custodial parent, the State becomes legally entitled to the child support ordered... Read more »

1 Answer | Asked in Child Support for Nebraska on

Q: my children are grown now but their father rarely paid child support. I just found out that I may be able to get that

amount now? how do I go about that?

Julie Fowler answered on Apr 1, 2019

If a party was court-ordered to pay child support and did not pay, you can generally still collect the back child support owed even after the children have emancipated. If you contact your local child support services office, they may be able to offer you enforcement/collection services for little... Read more »

1 Answer | Asked in Child Support for Nebraska on

Q: My husband is in backwards child support for his adult children and pays weekly. Now the receiving party died.

Does he still have to pay this case to the deceased parties? And yes it is child support owed and the interest fees.

Julie Fowler answered on Mar 23, 2019

In Nebraska, child support arrears are owed to the estate of the deceased. It is possible for the estate to continue to pursue collections of child support arrears. Sometimes they are pursued but often not.

1 Answer | Asked in Child Support for Nebraska on

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

My ex wife filed a claim in probate court for money that's owed by me in back support and she also included my sister in the claim. In their claim, in their I mean my ex wife and her attorney . As previously stated in their filing of the original claim her attorney made reference to my sister and... Read more »

Julie Fowler answered on Feb 9, 2019

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... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Child Support for Nebraska on

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

Child's father lives in a different state and has no part in said child's life. The only thing that connects the two is he signed the birth certificate.

Vanessa Jean Gorden answered on Jan 19, 2019

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... Read more »

View More Answers

2 Answers | Asked in Child Support for Nebraska on

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

His dad pays half of the daycare each month right now but only has him 13% of the time. I am curious since i filed for child support, if he will still be obligated to pay daycare as well as full child support or if daycare expense is included in child support amount. Thank you!

Vanessa Jean Gorden answered on Jan 2, 2019

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!

View More Answers

1 Answer | Asked in Child Support for Nebraska on

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

The bank/NE took all the money from our account leaving us penniless for the entire month. I Am disabled now and have applied for SSDI, therefore I have no income of my own. They took his entire SSI check the day it came. I was only supposed to owe $75/month until it was paid according to NE... Read more »

Julie Fowler answered on Jun 30, 2018

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.