Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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If it is shown that a reduction in the obligor parent’s income is attributable to his or<br />
her personal wishes and not the result of unfavorable or adverse conditions in the<br />
economy, his or her health, or other circumstances affecting his or her earning<br />
capacity, then a reduction in child support is not warranted.<br />
Jameson v. Jameson, 13 Neb. App. 703, 700 N.W.2d 638 (2005)<br />
A good example of how not to get your child support case modified, even when the<br />
custodial parent agrees with you that it should be reduced.<br />
Obligor was unemployed through apparently no fault of his own. Obligee agreed to<br />
a reduction in support, however there was no evidence by either party regarding<br />
what obligor’s earning capacity was at the time of the hearing or whether his earning<br />
capacity has changed since the 1995 modification order. So Application to Modify<br />
was denied.<br />
Lamb v. Lamb, 14 Neb. App. 337, 707 N.W.2d 423 (2005)<br />
The modification of another state’s child support order must be addressed under the<br />
Uniform Interstate Family <strong>Support</strong> Act, Neb. Rev. Stat. §§42-701 to 42-751<br />
(Reissue 2004).<br />
Upon petition, a tribunal of this state may modify a child support order issued in<br />
another state which is registered in this state if, after notice and hearing, the<br />
tribunal finds that (1) neither the child nor the individual obligee nor the obligor<br />
resides in the issuing state, a petitioner who is a nonresident of <strong>Nebraska</strong> seeks<br />
modification, and the respondent is subject to the personal jurisdiction of the<br />
<strong>Nebraska</strong> district court or (2) <strong>Nebraska</strong> is the state of residence of the child, or a<br />
party who is an individual is subject to the personal jurisdiction of the <strong>Nebraska</strong><br />
district court, and all of the parties who are individuals have filed consents in a<br />
record in the issuing tribunal for the <strong>Nebraska</strong> district court to modify the support<br />
order and assume continuing exclusive jurisdiction.<br />
Failure to register an order as required under the Uniform Interstate Family <strong>Support</strong><br />
Act precludes a <strong>Nebraska</strong> court from modifying the issuing state’s child support<br />
order.<br />
A district court may modify a registered child support order issued in another state<br />
when, among other requirements, the petitioner seeking modification is a<br />
nonresident of <strong>Nebraska</strong>.<br />
A party seeking to modify a child support order must show a material change of<br />
circumstances which occurred subsequent to the entry of the original decree or a<br />
previous modification and which was not contemplated when the prior order was<br />
entered. The party must also show that a change in custody is in the child’s best<br />
interests.<br />
[T]he NCCJA does not confer subject matter jurisdiction upon a <strong>Nebraska</strong> court to<br />
modify a child support order issued by another state. See §43-1202 (repealed 2003.<br />
<strong>Nebraska</strong> has now adopted the UCCJEA in place of NCCJA) (for purposes of NCCJA, child<br />
custody determination shall not include decision relating to child support or any other<br />
monetary obligation of any person).<br />
Lambert v. Lambert; 9 Neb. App. 661, 617 N.W.2d 645 (2000)<br />
A petition for modification of child support or alimony will be denied if a change in<br />
financial condition is due to fault or voluntary wastage or dissipation of one’s<br />
talents and assets. In this case, parent was fired for choosing to smoke marijuana.<br />
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