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Nebraska Filing to Enforce a Child Support or Visitation Order Without Payment of Fees

State:
Nebraska
Control #:
NE-SKU-0616
Format:
PDF
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Description

Filing to Enforce a Child Support or Visitation Order Without Payment of Fees

Nebraska Filing to Enforce a Child Support or Visitation Order Without Payment of Fees is a process that allows for the enforcement of a child support or visitation order without having to pay court fees. Nebraska's law allows any parent or custodian to file a motion to enforce a child support or visitation order without paying a fee if the parent is not receiving the ordered child support or visitation. The motion must be accompanied by an affidavit stating that the parent is not receiving the ordered child support or visitation. There are two types of Nebraska Filing to Enforce a Child Support or Visitation Order Without Payment of Fees. The first type is a Motion for Immediate Enforcement of a Child Support or Visitation Order. This motion is used when a parent believes that the other parent is not complying with the court order and is in need of immediate relief. The second type is a Motion for Judicial Enforcement of a Child Support or Visitation Order. This motion is used when a parent believes that the other parent is not complying with the court order and the parent needs to have the court order enforced. In either case, the parent must serve the other parent with the motion, affidavit, and any other documents related to the motion. The other parent then has the opportunity to respond to the motion. If the court finds that the motion is appropriate, the court will issue an order granting the requested relief.

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FAQ

There is no magic age that the child gets to decide which parent to live with. Nebraska statutes instruct the trial court to consider a child's preference as long as the child is of an age of comprehension and the child's wishes and desires are based on sound reasoning.

The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent.

A person may be incarcerated for civil contempt for willfully failing and refusing to comply with a court order, such as a purge plan, for child support.

The penalty for contempt of court, as provided in sections 29-3301 to 29-3307, shall not exceed thirty days' imprisonment in the county jail.

The age of emancipation is 19 in Nebraska. Child support is paid through to the birth month of the child when they reach age 19, unless otherwise determined in the court order.

Nebraska: Payments from federal tax refunds are paid first to the past due support assigned/owed to the State of Nebraska. Any remaining money is then paid to past due child support owed to the family. If there is any money left after all past due support is paid, that amount is returned to the taxpayer.

If you need assistance with regard to enforcing a child support order, you may contact the Nebraska Department of Health and Human Services Child Support Enforcement, contact a private attorney for assistance, or otherwise take appropriate action.

You will have to file the Affidavit and Application with the clerk of the district court. The Order to Show Cause and the filed-stamped Affidavit and Application must then be given to the judge for signing and setting a date for the contempt hearing.

More info

Will I be able to receive a TANF grant and my full child support payments? QWhat is the application process and how much does it cost?A. There is no fee for this service. Once a child support order is in place, the obligor parent must pay the full amount of ordered support each month or risk being in "arrears. The person applying for child support services will pay an application fee. For a small one-time fee, they will assist you in obtaining or enforcing a child support order. Forms to Prepare a Child Support Order (Including a Child Custody and Visitation Order) ; Child Support Case Registry Form. FL-191 PDF file type icon. Where should I file? Court to order the other parent to pay child support.

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Nebraska Filing to Enforce a Child Support or Visitation Order Without Payment of Fees