How much is enough when it comes to paying child support? Find out how you can apply for modification or termination of a child support order in Nebraska.
Did you know that roughly 14.7 million children rely on child support? While child support is an important part of family law, there’s no denying that it can be a financial strain.
Most of the time, child support ends automatically when the child turns 19. But, there are scenarios where termination may be necessary to end it.
So, is it possible to request termination of a child support order in the state of Nebraska? The good news is that it is!
In this article, we’ll go over the circumstances in which you can request termination and how to go about doing it. Let’s get started!
How Is Child Support Determined in Nebraska?
There are a variety of different ways the amount of money for child support in Nebraska can be worked out. If the parents have a mutual support agreement, the specific amount can usually be figured out outside of court.
If the child support order goes through family court, there are two main ways to figure out the amount. They include the income share method and the percentage of income method.
With the income share method, the Nebraska court will use economic tables to figure out the cost of raising a child each month. Then, the non-custodial parent will pay a percentage of this cost.
The percentage is determined by their proportional share of the parent’s combined income. The other method is the percentage of income method.
This is the simpler option and just involves a percentage of the non-custodial parent’s wages going toward basic child support needs.
Unfortunately, Nebraska does not allow this method when determining child support costs.
Who Enforces Child Support Orders?
In the state of Nebraska, child support orders are enforced using the state child support agency.
This agency enforces the collection of money from court-ordered child support. They will also track the non-custodial parent’s location and handle any unpaid support arrears.
When Can You Request Termination on a Child Support Order?
As we mentioned before, typically child support is terminated once the child reaches the age of 19. However, there have been occasions where court documents reflect the wrong date of birth and age of the child.
In these cases, it can be appropriate to request termination if the child is 19, but the court documents say they’re younger.
There are three other circumstances, aside from age, where you can request termination on the child support order. They include the following situations:
- The child passed away
- The child got married
- The child was emancipated by a court order
If you fall into any of these categories, you can request termination. Unfortunately, circumstances like bankruptcy aren’t valid reasons for termination.
In some cases, you can do this without the help of a lawyer. In other cases, it’s appropriate to search for legal help first. We’ll go into this in another section.
What Documents Do You Need?
There are a variety of forms you or your lawyer will need to file to request child support termination. You can find them on Nebraska’s Supreme Court website.
In addition to the appropriate files, you will also need documents that prove the reason for the termination. If there was a mistake regarding your child’s birthday in the court records, you will need to provide a certified copy of the child’s birth certificate.
If your child got married before the age of 19, you will need a valid certificate of marriage. Death certificates will be required if your child passed away before the age of 19.
And, if they’re emancipated, you can get a copy of the order of emancipation from the clerk, wherever the order was put in.
Make sure you gather all of these documents before proceeding to submit your child support order appeal..
How Do You Request Determination?
To request determination, you must file all of the relevant forms with the clerk of the district court where you received your child support order.
The clerk will then send a notice to the address of the person receiving the child support. The parent receiving the notice will then have 30 days to object to the request for child support termination.
If they don’t object in 30days, the order is terminated.
Alternatively, if the person receiving child support agrees to termination, they can sign a form known as a Waiver of Notice on Termination of Child Support. Once they sign it, they can submit it to the clerk of the district court.
Should You Hire a Lawyer?
As you can see, there is a lot of paperwork involved in requesting termination for a child support order.
If you aren’t confident in your ability to fill everything out properly, we recommend hiring a professional family law lawyer to help you. After all, the last thing you want is to get a termination rejected just because you made a filing mistake.
In many cases, you can even get Limited Scope Representation. This is when you hire a lawyer to only help with part of your case.
You will likely also need a lawyer if the individual receiving the child support objects to the termination. They can fight on your behalf to free you of the obligations.
Contact Husker Law for Help With Child Support
As you can see, a qualified lawyer is an important part of properly navigating a child support case.
So, how do you find a good one in Omaha, Nebraska? Look no further than Husker Law. We can provide a consultation to learn more about the specifics of your case.
From there, we can offer you advice on the best course of action. So, contact us at 402-415-2525 today to schedule your consultation.
