HOT TIPS: Child Support
Child support is calculated using the Nebraska Child Support Calculator. The Calculator uses each party’s gross monthly income, health insurance costs for the parties and children, retirement contributions, and regular support obligations for other children to determine that figure.
There are a few different types of calculations that may be used depending on the facts of your case. Most of the time we are using the “sole physical custody” and “joint physical custody” calculators to calculate support. Other calculators may be used for more nuanced circumstances, but because these are more complex, we won’t go into them here.
Simply put:
- When a parent has sole physical custody of the children, the noncustodial parent will pay child support.
- If the parents share physical custody of the children, child support may be paid if one parent earns more, has significantly more overnights than the other parent, or pays for the children’s health insurance costs.
Now that you have some basic child support knowledge, here are some HOT TIPS.
HOT TIP: Don’t overpay – and don’t pay directly to the other parent.
Pay child support through the Nebraska Child Support Payment Center. The Payment Center tracks child support obligations and payments made so you don’t have to. Most courts will not give credit for payments made directly to the other parent. While commendable, you generally won’t get credit for buying clothes or paying for other child-related expenses either.
Additionally, the Payment Center is not a bank. Once you make the payment, the Payment Center immediately sends your payment to the other parent. So, if you make an advance or extra payment, the Payment Center won’t hold onto it until your obligation comes due. Advance or extra payments result in a credit. You may be off the hook for additional payments until the credit runs out, but you won’t get the overpayment back.
HOT TIP: You have options if a parent does not pay their support obligation.
You have remedies available if the other parent does not pay their child support obligation. The Child Support Payment Center assigns caseworkers to child support cases with outstanding balances. These caseworkers can:
- Send out income withholding requests to employers
- Suspend the parent’s driver’s license
- Seize worker’s compensation and unemployment benefits
- Complete a referral to the county attorney’s office for criminal and civil prosecution
- Report the delinquency to state and federal agencies to revoke a Passport and/or intercept tax refunds
Some folks don’t want to wait on a caseworker to take action. If you fall in that camp, you can collect yourself or contact a lawyer to collect for you. The Nebraska Supreme Court Website has the forms required to take the other parent back to court and compel them to pay (search Enforcement-Child Support Orders in the Master Forms List).
HOT TIP: Contact your lawyer if there is a change in income.
Child support obligations do not automatically adjust when a parent’s income or financial circumstances change. You can request Nebraska Department of Health and Human Services review and modify your child support order, but it will likely take several months for your case to be reviewed. If you or the other parent has a change in income lasting three months, and likely to last for another six, it is best you contact your lawyer for assistance in updating your child support order.
We hope these HOT TIPS help. We are experts on complicated income and child support matters at Sopiak Law. Contact us for assistance.
