Omaha, Nebraska Child Support
Parents in Nebraska have a legal obligation to financially support their child or children whether that child lives with them or not and whether they are married to the other parent. Child support is awarded to a custodial parent to cover the expenses of raising a child.
What is the Purpose of Child Support?
Three-fourths of children whose parents are divorced live with their mother in 2009, according to a 2011
Census report and 28 percent of those family units live below the poverty line. Since divorce is one of the leading causes of poverty among children, parents are often ordered to pay child support to the custodial parent. A custodial parent is:
The parent a child to children lives with most of the time;
The person who is responsible for the day-to-day care of a child.
Child support is a means to combat poverty among child and means to ensure that both parents are taking responsibility for their child or children. Child support can be used for:
Food, clothing, shelter and other daily necessities
Educational costs including tuition, supplies and other school-related expenses
Medical care and health insurance premiums
Medical expenses not covered by health insurance
Recreational expenses including summer camp, participation in team sports and music lessons
Transportation and travel expenses
Temporary Child Support
Divorces can take a long time to resolve. Children need stability during that time, so the custodial parent can request temporary child support to cover their expenses until and permanent order is determined. The same criteria are used to decide a temporary child support amount as a permanent order but are subject to change once the terms of a divorce are settled.
How is Child Support Calculated in Omaha?
Omaha calculates child support by looking at the income of both parents minus the following deductions:
- Federal Income Tax
- State Income Tax
- FICA taxes
- Child support previously ordered for other children
- Support paid for other children
- Child Tax Credit deductions
In addition to a parent’s income, the state takes into consideration the amount of a time a child or children spend with a custodial parent and how many nights they spend with the non-custodial parent. The lifestyle a child is accustomed to is also a factor in how child custody is awarded.
Either the mother or the father can be ordered to pay child support. Courts typically ask the higher earning spouse to pay support, and in many cases, that is the mother.
My Ex Isn’t Paying Child Support, What Can I Do?
Some parents (not all) complain about paying child support and try to dodge their responsibility. Refusing to pay child support is unacceptable under state law. The Nebraska Department of Health and Human Services is in charge of enforcing the child custody laws and have numerous ways to make the parent pay child support. Those methods include:
Wage garnishment including regular income, worker’s compensation benefits, and unemployment benefits.
Suspending driver’s license
Seizing federal or state income tax refunds
Placing liens on personal property
Filing criminal charges for non-payment
Failing to pay court-mandated child support can result in the above actions. If you are ordered to pay child support but cannot meet the monthly payments, there is a way to have the amount you pay reduced.
Changing Child Support
When a non-custodial parent has a decrease in income, they can petition file a request with the NDHHS. You can ask your ex for a reduction and get the court’s approval. You can apply for a reduction in child support payments for the following reasons:
Less income because of a job change
You experience medical emergency
Your cost of living is increases
Either parent remarries and has a higher median income
The needs of a child changes dramatically
A child’s needs change drastically.
Either parent remarries, and their median household income increases
You may need to appear at the family court below:
Douglas County District Court
1701 Farnam St.,
Omaha, NE 68183
If your ex-husband or ex-wife doesn’t agree, you should find a child support attorney on USAttorneys.com and set up a consultation. Our top-notch team of attorneys can help you prepare for your court appearance and build your case. They understand how to develop a convincing argument as to why your monthly child support should be reduced.
Give the non-paying spouse a chance to catch up if they have a legitimate reason for being behind. You come up with an agreement and have it approved by a judge without involving enforcement actions.
If you have given your ex-wife or ex-husband opportunities to make child support payments and they refuse, you should contact the family court and Nebraska DHHS. The court will set up a hearing during which you need to demonstrate the need for child support. You need to have financial documents to you present to the court and prove child support is a necessity.
When there is a question of a child’s paternity, a father can request a paternity test. If you are not a child’s father, you are not financially responsible for support unless you want to continue to support a child.
Speak with a Child Support Lawyer in Omaha
The issue of child support can be a sticking point for divorced parents, but it is often crucial to the well-being of their child. Both parents need to look for their interests as well
A fair and equitable child support agreement is possible, but parents must negotiate with one another, and do what is best for their child or children. No one is more suited to help parents than a child support lawyer in Omaha. Let USAttorneys.com connect you with an experienced and understand lawyer who is well-versed in Nebraska’s child support laws. Call and arrange a case evaluation today.
USAttorneys.com local office
299 Farnam Street Suite 300
Omaha, NE 68102
Phone: (402) 513-1532