Best Child Support Lawyers in Nebraska

About Child Support Law in Nebraska, United States

Child support laws in Nebraska are designed to provide financial support for children whose parents are divorced, separated, or were never married. The goal of child support is to ensure that children's basic needs are met even if their parents do not live together. Nebraska courts consider child support a right of the child, meaning that both parents are held financially responsible for their children. The state uses specific legal guidelines to determine the amount of child support, factoring in each parent's income, the number of children, health care, childcare costs, and other circumstances that may influence a child’s needs.

Why You May Need a Lawyer

Navigating child support matters can be complicated, and there are several situations where legal advice from a qualified attorney is important:

• If you are unsure how much child support you should pay or receive
• If you need to establish, modify, or enforce a support order
• If you believe the other parent is hiding income or assets
• If you are facing contempt of court for alleged nonpayment
• If you are dealing with complex circumstances, like self-employment or significant changes in income
• If you need help collecting overdue child support (arrears)
• If you have concerns about paternity or custody arrangements

A lawyer can explain your rights and responsibilities, represent you in court, negotiate on your behalf, and help ensure that your child's interests are protected.

Local Laws Overview

Nebraska’s child support laws are governed by state statutes and the Nebraska Child Support Guidelines, which use a specific formula to calculate support obligations. Key aspects include:

• The guidelines use each parent’s gross income and consider expenses like health insurance, childcare, and support for other children.
• Child support is generally ordered until the child turns 19, becomes emancipated, or marries.
• Parents can agree to amounts different from the guidelines in some cases, but the court must approve if the arrangement serves the child's best interests.
• Modifications to support orders require a material change in circumstances, such as job loss or a substantial change in income.
• Nebraska enforces child support through wage withholding, tax refund intercepts, license suspension, and other legal tools.
• Both mothers and fathers can be ordered to pay child support, depending on custody, income, and the best interests of the child.

Frequently Asked Questions

What factors are considered in calculating child support in Nebraska?

Nebraska calculates child support based on both parents’ income, the number of children, costs for childcare and health insurance, and other pertinent needs of the child. The state’s Child Support Guidelines provide a standardized approach to these calculations.

How long does child support last in Nebraska?

Child support generally continues until the child reaches 19 years of age, graduates from high school, marries, or is legally emancipated, unless otherwise ordered by the court.

Can I modify my child support order?

Yes, modifications are possible if there is a substantial change in circumstances, such as a significant change in income, job loss, or changes in the child's needs. You must file a motion in court to request a modification.

What happens if I do not pay child support?

Failure to pay child support in Nebraska can result in wage garnishment, interception of tax refunds, suspension of driver's or professional licenses, and potentially contempt of court proceedings that can lead to jail time.

What if the other parent refuses to pay child support?

The Nebraska Child Support Enforcement Program can help collect overdue child support using various enforcement measures. You may also seek help from the courts to enforce the order.

Do both parents have to pay child support?

Generally, the noncustodial parent pays child support to the custodial parent. The amount considers both parents’ incomes, so sometimes custodial parents may be required to contribute as well.

Does Nebraska consider college expenses in child support?

Nebraska law does not require parents to pay college expenses as part of the child support order, but parents can voluntarily agree to such provisions in their support agreement.

Can I get child support if we were never married?

Yes, child support is available to all eligible children, regardless of the parents’ marital status. Paternity may need to be established before issuing a support order.

How is paternity established in Nebraska?

Paternity can be established voluntarily through an acknowledgment form signed by both parents or by a court order, which may include genetic testing if paternity is in dispute.

Is it possible to waive child support in Nebraska?

Child support is considered the right of the child, so parents cannot mutually agree to permanently waive it. Any deviation from guideline amounts must be approved by the court and must prioritize the child’s best interests.

Additional Resources

For more information and assistance on child support issues in Nebraska, consider the following resources:

• Nebraska Department of Health and Human Services - Child Support Enforcement Program
• Nebraska Judicial Branch - Official court forms and information
• Legal Aid of Nebraska - Low-cost and pro bono legal services
• Family Court Self-Help Centers in your county courthouse
• Local Bar Association referral services for family law attorneys

Next Steps

If you need legal assistance with a child support issue in Nebraska, consider the following steps:

• Gather all financial documents, court orders, and relevant paperwork.
• Contact a qualified family law attorney to review your case and answer your legal questions.
• Schedule a consultation to discuss your specific circumstances and potential options.
• Consider reaching out to Nebraska Child Support Enforcement for support or to start a case.
• If you have difficulty affording an attorney, seek help through Legal Aid or local self-help resources.

Taking prompt action ensures your rights and your child’s interests are protected throughout the legal process.