Child support in Nebraska plays a critical role in ensuring that children of separated or divorced parents receive the financial support necessary for their well-being. The state mandates that both parents share responsibility for their child’s upbringing, which includes financial contributions to cover essential needs like housing, food, education, and healthcare. In Nebraska, the child support system is designed to ensure that non-custodial parents contribute fairly, while custodial parents continue to provide a stable environment for their children. The amount of child support is calculated based on the income of both parents, the number of children involved, and specific guidelines set by the Nebraska courts. Navigating the child support process can feel overwhelming, whether you’re establishing, modifying, or enforcing a support order. Understanding how the system works, how to calculate payments, and what legal rights and responsibilities you have is key to ensuring your child’s well-being.
How is Child Support Calculated in Nebraska?
Nebraska uses specific Child Support Guidelines to calculate the financial obligation of each parent. These guidelines are based on the Income Shares Model, which estimates how much money the parents would have collectively spent on the child if they lived together. Each parent’s contribution is determined based on their share of the combined parental income.
Key Factors in Child Support Calculations:
- Gross Income: The court considers each parent’s gross income, which includes wages, salaries, bonuses, and other income sources such as rental income, pensions, or commissions.
- Number of Children: The amount of child support depends on how many children are being supported. Nebraska has a schedule that outlines base support obligations for one or more children.
- Parenting Time: The amount of time each parent spends with the child can affect the child support calculation. For example, if the non-custodial parent has significant parenting time, the child support obligation may be reduced.
- Health Insurance and Childcare Costs: These additional expenses are factored into the support calculation. If one parent is covering the cost of the child’s health insurance or childcare, the amount may be added to or subtracted from the base support obligation.
How to Apply for Nebraska Child Support?
Parents in Nebraska can apply for child support services through the Nebraska Department of Health and Human Services (DHHS) Child Support Enforcement division.
Steps to Apply for Child Support:
- File a Request: You can apply for child support by completing an application available from the Nebraska DHHS website. Applications can be submitted in person, by mail, or online.
- Establishing Paternity: If paternity is not already legally established (for unmarried parents), the court may require proof of paternity through a Voluntary Acknowledgment of Paternity or a paternity test.
- Establishing a Child Support Order: Once paternity is confirmed, the court will issue a child support order based on the Child Support Guidelines. This order will outline the non-custodial parent’s financial obligations.
- Payments: The non-custodial parent will be required to make regular child support payments, usually through wage garnishment, which is processed by the Nebraska Child Support Payment Center.
Modifying a Child Support Order
Life circumstances can change, which may require adjusting the amount of child support. Either parent can request a modification of the child support order if there has been a significant change in circumstances. Common reasons for modification include:
- A substantial change in either parent’s income (loss of job, promotion, etc.).
- A change in the child’s needs, such as medical care or educational expenses.
- A change in custody or the amount of parenting time.
Steps to Modify a Child Support Order
- Request a Review: Submit a request for a modification review to the Nebraska DHHS Child Support Enforcement office or the local court.
- Court Hearing: The court may hold a hearing to assess whether the modification is justified based on the presented evidence.
- Modification Order: If the court agrees, a new child support amount will be established. Both parents must comply with the revised order moving forward.
Nebraska Child Support Enforcement
If a non-custodial parent fails to make child support payments, the Nebraska Child Support Enforcement division has several tools to ensure compliance:
Enforcement Methods:
Wage Garnishment: Child support can be deducted directly from the non-custodial parent’s paycheck through wage garnishment.
Tax Refund Interception: The state can intercept the non-paying parent’s federal or state tax refund to cover unpaid child support.
License Suspension: Failure to pay child support may result in the suspension of the non-custodial parent’s driver’s license or professional licenses.
Contempt of Court: If the parent continues to ignore court orders, the court can hold them in contempt, which could result in fines or even jail time.
Passport Denial: The federal government may deny the issuance or renewal of a passport if child support arrears exceed a certain threshold.
Rights and Responsibilities of Both Parents
Both custodial and non-custodial parents in Nebraska have specific rights and responsibilities under the child support system.
Custodial Parent: This is typically the parent who has primary physical custody of the child. Their responsibility includes caring for the child and providing daily support, but they also have the right to receive child support to help cover the child’s expenses.
Non-Custodial Parent: This parent is required to make regular child support payments and maintain health insurance for the child if required. They are also entitled to visitation or parenting time with the child, as outlined in the custody agreement.