There are multiple reasons to request a child support modification. No doubt, this can be a challenging process that comes with high emotions—and either parent can request a modification to the existing child support arrangement if they believe it is no longer fair or appropriate.
At Anderson, Creager, and Wittstruck, P.C., L.L.O., we are experienced in helping our clients with child support matters, including modifying existing orders. If you are seeking a child support modification in Nebraska, here are some tips to help increase your chances of winning your case.
Types of Child Support in Nebraska
Before you can determine how to win a child support modification case in Nebraska, it is important to understand the different types of child support that can be ordered by the court. Nebraska currently recognizes three types of child support:
Basic support: This covers basic expenses such as food, clothing, and shelter for the child.
Medical support: This includes health insurance premiums and medical expenses not covered by insurance.
Childcare support: This covers childcare expenses incurred due to work or education-related reasons.
Grounds for Modifying a Child Support Order
In Nebraska, there are specific criteria that you must meet to modify an existing child support order. According to Nebraska law, child support can be modified if there has been a substantial change in circumstances since the last child support order was issued. Some examples of substantial changes could include:
Change in income: If either parent's income has significantly increased or decreased since the original order was established, this could be grounds for a modification.
Change in job status: A job loss or new employment with significantly higher or lower pay can also be considered as a change in circumstances.
Changes in custody and parenting time: If there has been a change in the amount of time each parent spends with the child, it may impact the amount of child support owed.
Changes in the child's needs: If the child’s expenses have significantly increased or decreased due to unforeseen circumstances, this may warrant a modification.
Knowing the grounds for modifying a child support order is the first step in strengthening your chances of a successful modification. If you are unable to demonstrate that there has been a substantial change in your circumstances or your child's, your request for modification will likely not be approved.
Steps to Take When Pursuing a Child Support Modification
Before pursuing a child support modification, it is important to understand the legal process and requirements in Nebraska. Familiarize yourself with Nebraska’s child support guidelines and consult with a knowledgeable family law attorney if necessary. Some steps you can take that can help strengthen your case for modification include the following:
Gather Detailed Evidence
To support your request for a child support modification, it is essential to gather evidence that demonstrates the substantial changes that have occurred since the original order was established. This could include:
Income statements and tax returns from both parents
Documentation of any changes in employment or job status
Medical bills and records to show increased medical expenses for the child
Proof of changes in custody arrangements, such as court orders or agreements between parents
It is also important to keep detailed records and documentation of any communication with the other parent regarding child support payments.
Present a Strong Case
When presenting your case to the court, it is crucial to present a strong argument supported by evidence. Be prepared to explain how and why the changes in circumstances have affected your ability to pay or receive child support. This could include providing information on how changes in employment or medical expenses have impacted your finances.
Additionally, if you are seeking a modification due to a change in custody arrangements, be prepared to provide evidence of this change and how it has affected the child's needs and expenses.
Consult With an Experienced Attorney
Pursuing a child support modification is often complicated and overwhelming. However, a knowledgeable family law attorney can help you understand your rights, gather evidence, and present a strong case in court. An attorney will also be familiar with the local court system and judges, which can be advantageous for your case.
Our team understands that circumstances can change after a divorce or separation, potentially leading to child support modifications. However, if you find yourself in this situation, it's essential to make sure your child's best interests are prioritized. We can help you advocate for the best interests of your child while striving to make sure your child support orders accurately reflect your current situation.
Compassionate Legal Assistance
At Anderson, Creager, and Wittstruck, P.C., L.L.O., our dedicated family law attorneys have extensive experience in handling child support modification cases. We strive to work closely with you to better understand your unique circumstances. By understanding the grounds for modification, gathering detailed evidence, and presenting a strong argument, you can increase your chances of winning your child support modification case.
We're committed to providing comprehensive legal support and helping you work toward the best possible outcome for your child support modification case. Located in Lincoln, Nebraska, we serve clients throughout Lancaster County, Gage County, Saline County, Seward County, Otoe County, Cass County, and Saunders County. Contact us today to schedule a consultation.
