Child support is a critical issue for many families in Nebraska and throughout the United States. Also referred to as Child maintenance, the laws exist to ensure that children receive the financial support they need to thrive and reach their full potential. In Nebraska, these laws are designed to help cover the costs of raising a child.
Whether you are a parent seeking to establish or modify a child support order in NE, or a noncustodial parent looking to understand your responsibilities and rights, this article will provide valuable information and guidance.
In this article, we will explore the laws and regulations surrounding child maintenance in Nebraska, including how it is calculated and enforced, and provide resources for those seeking help with child support issues.
What is Nebraska Child Support Laws?
The child support laws in Nebraska establish the financial responsibility of parents to support their children, both financially and emotionally. These laws are intended to ensure that children receive the financial resources they need to grow and develop, and to help parents meet their obligations to support their children.
In Nebraska, child support is determined by using a specific formula that takes into account factors such as the income of the parents, the number of children, and the amount of time each parent spends with the children. The state uses the Income Shares Model, which calculates the amount of support that the non-custodial parent should pay based on the combined income of both parents and the needs of the children.
Child support payments are typically paid through the state’s child support enforcement agency and may be ordered to continue until the child reaches the age of 19, this is the age of majority in Nebraska.
Purpose and Use of Child Maintenance in NE
The general purpose of child support in NE includes:
- To ensure that children receive the financial support they need to thrive and reach their full potential
- To cover the costs of food, housing, clothing, healthcare, and other essential expenses for the child
How Child Support is Calculated in NE
In Nebraska, child support is calculated using the Income Shares Model, which takes into account the income of both parents and the needs of the children. The following are the steps for calculating child support in Nebraska:
- Determine the combined income of both parents: This includes all forms of income, such as wages, salaries, bonuses, self-employment income, as well as benefits like unemployment, workers’ compensation, and Social Security.
- Apply the child support guidelines: The state of Nebraska has established a set of child support guidelines that set forth the basic amount of child support that should be paid based on the combined income of the parents and the number of children.
- Adjust the basic amount of child support: Depending on the specific circumstances of the case, the basic amount of child support may be adjusted upward or downward. Factors that may be taken into account include the needs of the children, the income and assets of the parents, and the costs of providing for the children.
- Divide the basic amount of child support between the parents: The basic amount of child support is divided between the parents in proportion to their income. The parent with a higher income will typically pay a higher percentage of the basic amount of child support.
- Add the specific expenses for the children: The court can order one parent to pay for certain expenses, such as health care, education, or child care. These are known as add-ons and are in addition to the basic child support amount. They are directly related to the child’s needs and the parents’ income.
Nebraska Child Support Calculator
The Nebraska Child Support Calculator is a tool that is used to determine the amount of child support that should be paid in a particular case. The calculator takes into account the income of both parents, the number of children involved, and the amount of time each parent spends with the children.
To use the Nebraska Child Support Calculator, you will need to input certain information about your case, including the gross income of both parents, the number of children involved, and the amount of time each parent spends with the children. The calculator will then use this information to determine the amount of child support that should be paid based on the state guidelines.
Factors that may Affect the Amount of Child Maintenance in Nebraska
- Income of both parents: The income of both parents is a significant factor in determining the amount of child maintenance in Nebraska. The guidelines use a percentage of the combined gross income of both parents to determine the basic child support obligation.
- The number of children: The number of children for whom child maintenance is being calculated is another important factor. The guidelines use a different formula for each number of children, so it is important to accurately determine the number of children involved.
- Amount of time each parent spends with the children: The amount of time each parent spends with the children can also affect the amount of child maintenance that is paid. The guidelines provide a formula for determining the amount of child support that each parent should pay based on their respective incomes and the amount of time they spend with the children.
- Special circumstances: The court may deviate from the guidelines in certain circumstances, such as when the income of one parent is significantly higher or lower than the guidelines suggest, or when the child has extraordinary medical or educational expenses.
- Changes in circumstances: Child maintenance orders may be modified by the court if there is a significant change in circumstances, such as a change in the income of either parent or a change in the amount of time each parent spends with the children.
Challenging Child Support Assessment in NE
There may be times when a parent wishes to challenge a child support assessment in Nebraska. There are a few different ways that a parent may do this:
- Request a review: If a parent believes that there has been a mistake in the calculation of the child support assessment, they can request a review of the assessment. The parent should provide any documentation that they believe supports their claim, such as proof of income or changes in circumstances.
- File a petition to modify the child support order: If a parent believes that there has been a significant change in circumstances that warrants a modification of the child support order, they can file a petition with the court to modify the order. This may include changes in income, changes in the amount of time each parent spends with the children or other significant changes.
- Seek the guidance of an experienced family law attorney: It is always a good idea to seek the guidance of an experienced family law attorney if you have questions or need help with child support issues in Nebraska. An attorney can help you understand your rights and options and can represent you in court if necessary.
Modifying a Child Support Order in Nebraska
There may be times when a parent wishes to modify a child support order in Nebraska. This could be because of a change in circumstances.
To modify a child support order in Nebraska, the following steps are generally followed:
- File a petition to modify the child support order: A parent who wishes to modify a child support order must file a petition with the court that issued the original order. The petition should include information about the proposed changes and the reasons for seeking the modification.
- Serve the petition on the other parent: The parent who filed the petition must serve the petition on the other parent, either personally or through a process server.
- Attend a hearing: The court will schedule a hearing to consider the petition to modify the child support order. Both parents should attend the hearing and be prepared to present evidence and argue their case.
- Wait for a decision: After the hearing, the court will consider the evidence and arguments presented and will issue a decision on the petition to modify the child support order.
Factors that may Warrant a Modification
There are a few different factors that may warrant a modification of a child support order in Nebraska:
- Change in income: A significant change in the income of either parent may warrant a modification of the child support order. This could include a significant increase or decrease in income, such as a promotion or a job loss.
- Change in the amount of time each parent spends with the children: A change in the amount of time each parent spends with the children may also warrant a modification of the child support order. For example, if one parent begins to have the children overnight more frequently, this may warrant a modification of the child support order.
- Change in the needs of the child: A change in the needs of the child may also warrant a modification of the child support order. For example, if the child develops a medical condition that requires additional healthcare expenses, this may warrant a modification of the child support order to cover these additional expenses.
- Other significant changes in circumstances: Any other significant changes in circumstances that may affect the ability of one parent to pay child support or the needs of the child may also warrant a modification of the child support order.
Process for Requesting Child Maintenance Order Modification in Nebraska
To request a modification of a child support order in Nebraska, the following steps are generally followed:
- File a petition to modify the child support order: A parent who wishes to modify a child support order must file a petition with the court that issued the original order. The petition should include information about the proposed changes and the reasons for seeking the modification.
- Serve the petition on the other parent: The parent who filed the petition must serve the petition on the other parent, either personally or through a process server.
- Attend a hearing: The court will schedule a hearing to consider the petition to modify the child support order. Both parents should attend the hearing and be prepared to present evidence and argue their case.
- Wait for a decision: After the hearing, the court will consider the evidence and arguments presented and will issue a decision on the petition to modify the child support order.
How to Collect and Enforce Child Support in NE
There are a few different ways that a parent can collect and enforce child support in Nebraska:
- Income withholding: In most cases, child support is paid through income withholding, which means that the noncustodial parent’s employer is required to deduct the amount of child support from the parent’s paycheck and send it to the custodial parent.
- Liens: If the noncustodial parent fails to pay child support, the custodial parent may be able to place a lien on the noncustodial parent’s property, including their home, vehicle, or bank accounts.
- Garnishment: The custodial parent may be able to garnish the noncustodial parent’s wages or other sources of income, such as their social security benefits or workers’ compensation payments.
- Contempt of court: If the noncustodial parent fails to pay child support as ordered by the court, they may be found in contempt of court and may face consequences such as fines, jail time, or other penalties.
- Assistance from the Office of Child Support Enforcement: The Office of Child Support Enforcement (OCSE) is a state agency that can help parents collect and enforce child support orders. The OCSE can assist with income withholding, locating non-custodial parents, and enforcing child support orders through legal action.
The Impact of COVID-19 on Child Support Payments and Enforcement in NE
The COVID-19 pandemic has had a significant impact on child support payments and enforcement in Nebraska and across the United States. Many parents have experienced financial hardships as a result of the pandemic, which may affect their ability to pay child support. At the same time, the pandemic has disrupted normal court operations, making it more difficult to enforce child support orders.
Here are a few ways that COVID-19 has impacted child support payments and enforcement in Nebraska:
- Financial hardship: Many parents have experienced financial hardship as a result of the pandemic, including job loss, reduced income, or increased expenses. This may make it more difficult for some parents to pay child support as ordered by the court.
- Court disruptions: The pandemic has disrupted normal court operations, including child support hearings. This may make it more difficult to enforce child support orders or modify existing orders.
- Payment relief: Some states, including Nebraska, have implemented payment relief measures to help parents who are struggling to pay child support due to the pandemic. These measures may include temporary suspension of payment requirements, reduced payment amounts, or other measures.
- Enforcement challenges: The pandemic has also made it more challenging to enforce child support orders through normal means, such as income withholding or garnishment. This may make it more difficult for custodial parents to receive the child support payments they are entitled to.
Temporary Changes to NE Child Support Laws and Guidelines During the Pandemic
There have been several temporary changes to Nebraska child support laws and guidelines during the COVID-19 pandemic. These changes were implemented to help parents who were struggling to pay child support due to the financial hardships caused by the pandemic.
Here are a few examples of temporary changes to Nebraska child support laws and guidelines during the pandemic:
- Suspension of payment requirements: Some child support orders have been temporarily suspended, which means that parents are not required to make payments until further notice. This may be done on a case-by-case basis, depending on the individual circumstances of the case.
- Reduced payment amounts: In some cases, child support payments have been temporarily reduced to reflect the financial impact of the pandemic. This may be done on a case-by-case basis, depending on the individual circumstances of the case.
- Payment relief measures: The state of Nebraska has implemented payment relief measures to help parents who are struggling to pay child support due to the pandemic. These measures may include temporary suspension of payment requirements, reduced payment amounts, or other measures.
Resources for Parents Seeking Information and Assistance with Child Support Issues
- Nebraska Child Support Payment Center: This organization is responsible for the collection and distribution of child support payments in Nebraska. It provides information on child support, including payment status, enforcement of child support orders, and modifying child support orders.
- Nebraska Child Support Enforcement Unit: This unit is responsible for enforcing child support orders in Nebraska and provides services such as the location of non-custodial parents, the establishment of paternity, and the establishment, modification, and enforcement of child support orders.
- Nebraska Department of Health and Human Services: The Department provides information and assistance to parents on a wide range of issues related to child support, including information about child support laws, guidelines, and services, and assistance with issues such as paternity establishment, child support order modification, and enforcing child support orders.
- Legal Aid: Legal Aid provides legal help to low-income families and provides advice, representation, and other services to individuals, children, and families facing legal issues, including representation in court.
- Family Law Attorneys: Hiring a private attorney who specializes in family law and child support, who can help with any legal disputes and provide advice on how to navigate the legal system.
The Role of Nebraska Child Support Agencies in Enforcing Orders
The agency has several tools and methods at its disposal to enforce child support orders, which include:
- Income Withholding: One of the most common methods of enforcing child support orders is through income withholding, also known as wage garnishment. This is when the agency requires the non-custodial parent’s employer to deduct a certain amount of money from their paycheck and send it to the agency to be distributed to the custodial parent.
- Financial Institution Data Match: The agency can also order financial institutions, like banks and credit unions, to look for and freeze accounts held by non-custodial parents who are delinquent in their child support payments.
- Credit Bureau Reporting: Non-custodial parents who are delinquent in their child support payments can be reported to credit bureaus by the agency, which may negatively impact their credit score.
- State and Federal Tax Offset: The agency can intercept state and federal tax refunds to pay off delinquent child support.
- License suspension: The agency can also request suspension of a non-custodial parent’s driver’s license, professional license, or recreational license if they are delinquent in their child support payments.
- Contempt of court: If a non-custodial parent fails to comply with a child support order, they can be held in contempt of court. This can result in fines, penalties, or even jail time.
Contact The NE Child Support Agency
Here are the contact details for the agency:
- Phone: The agency can be reached by calling the toll-free phone number 1-877-631-9973. This number is available Monday through Friday, 8:00 am to 4:30 pm, excluding holidays.
- Email: The agency’s customer service email address is dhhs.cspc@nebraska.gov
- Mail: Parents can also send written correspondence to the agency at the following address: Child Support Payment Center P.O. Box 94601 Lincoln, NE 68509-4601
- Online: Parents can also visit the agency’s website for more information about child support laws, guidelines, and services. The website also provides tools for calculating child support, tracking payments, and managing child support cases online.
- In-Person: The agency also has an office in Lincoln at the address 301 Centennial Mall S Suite 100, Lincoln, NE 68509 where you can have a face to face assistance.
Frequently Asked Questions
Who Pays Child Maintenance in Nebraska?
In Nebraska, child support is typically paid by the noncustodial parent to the custodial parent. The noncustodial parent is generally the parent who spends the least amount of time with the children. Child support payments are intended to help the custodial parent cover the costs of caring for the children, including expenses such as food, shelter, clothing, healthcare, and education.
Is Medical Health Insurance Part of Child Support in NE?
Medical health insurance may be included as part of a child support order in Nebraska. The court may order the noncustodial parent to provide health insurance coverage for the children as part of the child support order. This can help ensure that the children have access to necessary medical care and can reduce the financial burden on the custodial parent.
If the noncustodial parent is ordered to provide health insurance coverage for the children as part of the child support order, they will generally be responsible for paying the premiums for the insurance coverage. The cost of the premiums may be included in the overall child support amount, or it may be ordered as a separate payment.
Does Nebraska Require a Minimum Amount of Child Support?
Under the Nebraska child support guidelines, there is no set minimum amount of child support that must be paid. However, the guidelines do provide a range of child support amounts that may be appropriate based on the income of the parents and the number of children. The court will consider the specific circumstances of the case and may order a child support amount that falls within the guidelines or that deviates from the guidelines based on the needs of the children and the ability of the parents to pay.
How Long Do You Have to Pay Child Support in NE?
In Nebraska, child support is typically ordered to be paid until the child reaches the age of 19, which is the age of the majority in the state. This means that child support payments will continue until the child reaches the age of 19 and the payments will stop once the child has reached that age,
However, there are certain circumstances where the court may order that child support payments continue beyond the age of 19, for example, if the child is still in school or if the child has special needs. Additionally, if a child reaches the age of 19 and is still attending high school full-time, the court may order that support continues until the end of the school year in which the child turns 20, or until the end of the school year following graduation from high school, whichever comes first.
How Does Nebraska Child Maintenance Work if one Parent Has no Job?
If one parent is not working and has no income, the court may still order that parent to pay child support in Nebraska. In this situation, the court may impute income to the nonworking parent based on their education, work experience, and the local job market. Imputing income to a parent in a child support case means assigning an income to the parent based on their potential earning capacity rather than their actual income.
The court will consider a variety of factors in determining whether to impute income to a nonworking parent in a child support case, including the parent’s education, work experience, and the local job market. The court may also consider the parent’s reasons for not working, such as caring for young children or pursuing additional education.
Is Child Support Tax Deductible in NE?
In most cases, child support payments are not tax deductible in Nebraska or in any other state in the United States. Child support payments are considered to be personal payments that are not related to the production of income, and therefore they are not tax deductible.
However, there are some limited circumstances in which child support payments may be tax deductible. For example, if a parent is paying child support as part of a divorce or separation agreement, and the agreement specifically states that the payments are to be treated as alimony, the payments may be tax deductible by the paying parent and taxable to the receiving parent.
Conclusion
Nebraska child support laws are an important part of ensuring that children receive the financial and emotional support they need from both parents. While the laws can be complicated, they are designed to protect the best interests of the child. Parents should familiarize themselves with the laws and consult an attorney if they have any questions or concerns.
Get some help by contacting Child Support Law Attorneys in Nebraska
As a parent, the well-being and future of your child should be your top priority. But navigating the complex world of child maintenance laws can be overwhelming and stressful. That’s where child support attorneys come in. These dedicated professionals can help guide you through the process of establishing or modifying a child support order, ensuring that your child receives the financial support they need and deserve. Don’t let your child’s future be left to chance. Take control of their financial stability and seek the services of a skilled child maintenance attorney in Nebraska today. Don’t wait, your child’s future depends on it.
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