Child Support Enforcement - Sarpy County Nebraska

A district court may modify a registered child support order issued in another state
when, among other requirements, the petitioner seeking modification is a
nonresident of Nebraska.
A party seeking to modify a child support order must show a material change of
circumstances which occurred subsequent to the entry of the original decree or a
previous modification and which was not contemplated when the prior order was
entered. The party must also show that a change in custody is in the child’s best
interests.
[T]he NCCJA does not confer subject matter jurisdiction upon a Nebraska court to
modify a child support order issued by another state. See §43-1202 (repealed 2003.
Nebraska has now adopted the UCCJEA in place of NCCJA) (for purposes of NCCJA, child
custody determination shall not include decision relating to child support or any other
monetary obligation of any person).
Lambert v. Lambert; 9 Neb. App. 661, 617 N.W.2d 645 (2000)
A petition for modification of child support or alimony will be denied if a change in
financial condition is due to fault or voluntary wastage or dissipation of one’s
talents and assets. In this case, parent was fired for choosing to smoke marijuana.
Material change in circumstances in reference to modification of child support is
analogous to modification of alimony for good cause.
Lucero v. Lucero, 16 Neb. App. 706, 750 N.W.2d 377 (2008)
Absent equities to the contrary, the modification of child support orders should be
applied retroactively to the first day of the month following the filing date of the
application for modification.
In the absence of a showing of bad faith, it is an abuse of discretion for a court to
award retroactive child support when the evidence shows the obligated parent
does not have the ability to pay the retroactive support and still meet current
obligations.
The same principles that apply with respect to retroactivity of a new obligation to pay
support, i.e., that the obligation can be retroactive to the first day of the month
following the filing of a request to modify to impose (or increase) a child support
obligation, should generally apply also when the request is to terminate a child
support obligation.
Metcalf v. Metcalf, 278 Neb. 258, 769 N.W.2d 386 (2009)
Second attempts to modify support just got harder to justify under this Supreme Court
decision
We determine that in cases where there has been a previous attempt to modify
support, the court must first consider whether circumstances have changed since
the most recent [albeit failed] request for modification. But when considering
whether there has been a material and substantial change in circumstances
justifying modification, the court will consider the change in circumstances since the
date of the last order establishing or modifying alimony. In other words, a judgment
for alimony may be modified only upon a showing of facts or circumstances
that have changed since the last order granting or denying modification was
entered. But once some change has been established since the last request,
the analysis focuses on the change in circumstances since alimony was
originally awarded or last modified. We adopt this rule because it recognizes the
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