Who Can Petition For A Child Support Order To Be Modified?
The recipient of child support or the person who has the obligation to pay child support can ask the court to modify the order. If the state is providing financial assistance to the children, then the state may have an interest in modifying the child support order to increase the money that they would recover for the benefits that they are providing to the custodial parent.
For What Reasons Would A Petition To Modify Child Support Be Considered By The Court?
In order to have a child support order modified in Nebraska, there must be a change of child support of more than 10 percent of the current obligation. For example, if the child support obligation is currently $500 per month, then there would have to be a 10 percent change, meaning that the child support would either have to be increased to $550 per month or decreased to $450 per month.
My Ex-Spouse Quit His Job and Is Asking For A Decrease In Child Support. Will The Court Even Consider His Request?
If a former spouse quits his or her job and tries to modify his or her child support as a result of that, the court will not approve the request for modification. Child support is typically based on one’s income, but it is also normal for the court to consider someone’s earning capacity. This means that if someone quits a job or takes a job that pays them a lot less money than what they are customarily earning, then the court is not going to reduce the child support.
My Ex-Wife Has Recently Quit Her Job and Is Requesting Additional Child Support. Will The Court Grant This Request?
If a former spouse quits his or her job and requests additional child support as a result of that, the court will not approve the request for modification, but will instead consider the person’s earning capacity.
What Is The Process To File A Petition To Modify Child Support In Nebraska?
The process to make a request to modify child support in Nebraska begins with finding a good lawyer, although it can be done without the help of a lawyer. A petition or complaint requesting the modification would then be filed with the court. If there is a 10 percent change then the child support will get adjusted.
Do We Need To Use The Same Attorneys Used In The Divorce To Modify Child Support?
It is not necessary to use the same attorney for a divorce and for a modification of child support. However, if a person is happy with the work their attorney has done for them, then it might be best to stick with that attorney.
For more information on Modification Of Child Support In Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.
Call Today To Schedule A
Consultation With An Attorney