Modification of child support in Nebraska, explained
We’ve talked here before about how a custody order can be modified, and how child support is determined in Nebraska. Now, let’s put those two things together, and discuss how a child support order can be modified.
Much like with a custody order, a child support order can always be modified by the showing of a material change in circumstances. However, for child support the definition of a material change is clearly defined. The Nebraska Child Support Guidelines define a substantial change in circumstances as anything that would change the support obligation by at least ten percent.
As we discussed before, child support in Nebraska is reflected by the earning capacity of the parties, less the applicable deductions, factored into the Child Support Guidelines. So if there’s any changes in the underlying data – meaning the earning capacity of either party, or deductions to income such as health insurance – then it’s possible the child support obligation could change. But the change in the underlying data would have to result in a change in the actual support number – up or down – by ten percent or more.
There’s a couple of caveats to this rule. First, the change has to have lasted either for the previous three months or be expected to last for the next six months. Second, the change has to be at least $25, one way or the other, for this rule to apply. Third, if the rule applies it creates a rebuttable presumption of a material change in circumstances.
In law, if an issue is presumed, it means that a court will rule on that issue without the need for any further evidence. In this case, if there is a rebuttable presumption of a material change in circumstances, then it means a court can decide to modify a previous order of support without the need for the party asking for the modification to present any further evidence.
However, if the presumption is rebuttable, that means the other party can put on evidence to show why the court should not make the presumed finding. Arguments for this could include that the change in earning capacity isn’t reasonably likely to be extended, or that it would be unfair to apply the current situation to the support obligation.
Also, remember that the Nebraska Child Support Guidelines are just that, guidelines for a court to use. Ultimately a court making a decision on child support retains the authority to enter a child support order that the court finds to be in a child’s best interests taking all factors into account.
If you have a question about child support modification, or are facing a circumstance where either you would like your support order modified or to oppose a requested modification, we’d be happy to help. Contact us to schedule a consultation and we can discuss your circumstance and what we can do to help.
