Vacanti | Shattuck | Finocchiaro Attorneys

What Jurisdiction Will Decide To Modify Child Support If My Ex And I Have Moved?

If ex-spouses have both moved out of the state of Nebraska, then Nebraska would no longer have jurisdiction over their child support issues. However, if ex-spouses only move out of the county where they lived, then the case would continue to be handled in the county that originally heard the case. If, for example, the father were to move to Colorado and the mother were to move to Kansas and the mother has custody of the children, then the mother would have to petition the court in Colorado to adjust the child support. Custody and parenting time matters are heard where the child resides, but child support matters are heard in the location where the parent who is obligated to pay the child support lives.

Can Parents Set Their Own Terms To Modify Child Support Without Taking Matters To Court?

Generally, the court will follow the child support guidelines, but parents can agree to deviate from those guidelines if they have a good reason to do so and are able to convince the court that their rationale for deviating from the child support guidelines is warranted. Parents should not establish and keep track of child support on their own because it is too easy to make mistakes or have disagreements. For this reason, child support should be established by a court.

If Modification Of Child Support Is Granted, When Will That Order Take Effect?

A new child support obligation will start on the first day of the month after the petition was filed. For example, if someone files to modify child support on September 1, then the new child support obligation would start on the first day of the following month, which would be October 1. If the petition is filed at any time during the month of September, then the new child support obligation would start on October 1. Both parties need to budget wisely because if the case doesn’t finish until February of the following year, then the child support will be adjusted retroactively to October 1.

How Do I Apply For Enforcement Of My Existing Child Support Order?

There are a couple of options for enforcing a current child support order when the person who is obligated to pay support is not complying with the order. One option is to hire a private attorney who will file a contempt action against the party who is not paying his or her child support. The second option is to have the state force the party who is obligated to pay the child support to do so; this option may not be as timely as having it done by an attorney, but it would save the attorney’s fees associated with filing an enforcement action.

For more information on Jurisdiction For Modification Of Child Support, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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