Modification of custody and support in Nebraska, explained
“The only constant is change.”
- Heraclitus
In most circumstances, once a court makes a decision, that decision remains in place. It’s what called a final order, and the intent is to avoid having to go back to court over and over for the same issue.
However, when children are involved, there are different rules. For decisions of legal custody (decision-making authority), physical custody (the schedule of time a child spends with each parent) and child support, Nebraska law provides a specific mechanism to modify a previous order.
The key concept in such a modification is a substantial change in circumstances. If a party is asking to modify an order, that party must first show that things have changed around the custody or support of a child that would warrant a change in the order. For a change to be “substantial” it would have to be enough of a change that if it was the case at the time of the original order, the decision of the original court would have been different.
Showing the substantial change, however, isn’t enough to automatically warrant a modification. In addition to showing the substantial change, the party asking for the modification must also show that the modification the party is requesting is in the child’s best interest. If the party asking for the modification can’t show both of these elements (substantial change and best interest), then the original order remains in place.
Remember, a modification doesn’t mean you get a re-do on the original decision. Ordinarily, anything that happened before the order being modified would not be considered, because the court has to look at the change in circumstances. The only way evidence from before the previous order is considered by the court is if it is needed to provide context for the post-order evidence being used to ask for the modification.
For custody issues, the Nebraska Parenting Act applies, and both parents have to take a parenting education class and attempt to mediate the issues before having a trial. Most courts, though, will permit a temporary order on a modification case.
For child support, the modification process is a little more clear-cut. The Nebraska Child Support Guidelines define a substantial change of child support as anything that would create at least a ten percent difference from the original support order. Further, there’s a presumption that a guideline-calculation support order would be in a child’s best interest.
If you have a custody or support order that you believe should be modified, or if you are facing a modification action being filed, we can help. Call us for a consultation and let our years of experience help discuss your options and find a solution.
