Nebraska Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
Control #:
US-00799BG
Format:
Word; 
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Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

A basic amount of child support be ordered in every case. The rules define that basic amount as: $50.00 per month or. 10% of a parent's income.

The Nebraska Child Support Guidelines provide for adjustments in child support if the parent paying support has 28 days of parenting time or more in any 90-day period. This is known as a child support abatement.

At what age can a child choose which parent to live with in Nebraska? Nebraska statues instruct the trial court to take into account 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.

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

If you have an open child support case, you may request a review of your child support order. In the review, the income of both parties will be used to calculate the amount of support that should be paid ing to the Nebraska Child Support Guidelines . The amount could go up, down or stay the same.

A purge plan allows the person to correct the behavior that caused the contempt. For example, if the person is held in contempt for failing to pay court-ordered child support, the judge could set a schedule to pay support which might include payment of the current support plus an amount on the delinquent support.

If the person receiving the child support (Obligee) agrees that the child support should be terminated, that person can sign the form entitled Waiver of Notice on Termination of Child Support.

If termination should occur prior to the child turning age 19, a Motion and Order may need to be filed. If you believe your child support obligation may be eligible for termination, please contact the Nebraska Child Support Customer Call Center at (402) 441-8715 or (877) 631-9973 (toll free).

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Nebraska Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support