Parents have a legal obligation to support their children. This includes a financial support obligation. If you are a parent who is not receiving the child support payments needed or a parent who cannot afford the payments you are required to make, a Lincoln, NE child support and modification attorney can help. The parents receiving payments can enforce child support. If you are a paying parent, you mustn’t ignore the financial responsibilities you have.
Child Support Basics
When parents live together, personally and financially supporting a child is easier. When parents divorce or separate, the court creates custody and support orders to provide a child with the same care they would have received if their parents had remained together. Child support determinations are also often a part of paternity cases.
Child support may be determined by the court or decided by parents in an agreement that the court approves. In both cases, the support order is enforceable by the court.
If a parent fails to make payments, it can put the other parent and their child or children in significant financial hardship. The parent receiving payment is typically the primary custodial parent, meaning they have to pay for more of a child’s expenses while their children are under their care.
Resolving Child Support Payments
If you are a parent not receiving payments, it can be helpful to talk with your co-parent first. This is especially useful if you and your co-parent have a good relationship, and can discuss what can be done to resolve the situation outside of court. The court can be brought in to take steps to ensure parents make support payments if this is unsuccessful.
A parent who cannot pay their support payments due to financial changes should petition for a modification with the court. If the initial support calculation was made incorrectly, the parent should appeal that decision as unfair. Ignoring the situation and continuing to not make payments will only worsen the consequences you may face.
Nebraska Child Support Agencies
The Nebraska Child Support Payment Center (NCSPC) manages payments from one parent to another. The Nebraska Department of Health and Human Services’ Child Support Enforcement (CSE) office is the agency that determines reasonable support payments based on the state’s expectations. It also enforces payments.
When a parent is not paying support payments and cannot be reasoned with, the other parent can contact the CSE and the NCSPC to enforce payment. The other parent can also approach the court that made the support order to enforce it. The agencies and the court have several methods for enforcing child support payments, including:
- Withholding income from the paying parent’s paycheck. The CSE can require the parent’s employer to remove a certain portion of funds from the parent’s paycheck and send it to the other parent.
- Administrative penalties. This includes suspending the parent’s driver’s license and intercepting tax refunds. The CSE can also report the unpaid amount to credit bureaus and place property liens. Each of these actions can affect a parent’s credit.
- Federal agency involvement can occur when the parent’s unpaid support reaches a certain amount. A federal agency can also enforce payments across state lines.
- Criminal nonsupport charges can be filed if a parent purposefully refuses to pay their support payments.
The method used to enforce payment depends on the willingness of the non-paying parent to cooperate and the amount of unpaid support. If you are unsure whether to go through the court or the CSE, an attorney can help you review your options and determine how to support your children without upsetting the relationship you have with your co-parent.
FAQs
Q: Is It a Felony to Not Pay Child Support in Nebraska?
A: It can be a felony to not pay child support in Nebraska, although the first steps after failure to pay support include contempt of court and administrative actions to recover the support. A parent can be charged with criminal nonsupport when they intentionally refuse or neglect to pay the support of a minor child they know or should know they are responsible for. This could result in a conviction of a Class IV felony.
Q: How Does Back Child Support Work in Nebraska?
A: Back child support in Nebraska is unpaid support. A parent is obligated to pay for this support. If they do not, they may be held in contempt of court, have their earnings garnished, and even face criminal consequences. Back child support, or arrears, will continue to compile until a parent has repaid them. If you are a paying parent who cannot meet your child support obligation, it is important to take swift action to address this.
Q: Can Parents Agree to No Child Support in Nebraska?
A: Parents cannot agree to no child support in Nebraska. Both parents have a financial responsibility for their child, and child support ensures that separated parents still fulfill that responsibility. Termination of child support is only allowed in Nebraska when the child or children receiving support are:
- Over the age of 18
- Emancipated
- Married
- Deceased
If a child is still a minor and in their parents’ care, termination of child support is very uncommon.
Q: Is There a Statute of Limitations on Child Support in Nebraska?
A: There is no statute of limitations on collecting unpaid child support in Nebraska. Parents must pay financial support for their children and are required to follow the court order. Even if child support is terminated, the parent is expected to pay the back child support to their child. A parent is still responsible for unpaid child support if they move states, declare bankruptcy, or go to jail.
Providing for Your Child’s Care and Protecting Your Financial Interests
Whether you are a parent who is paying or receiving child support payments, the interests of your child and your own financial well-being are important. The right attorney can help you protect both of these needs. Contact the team at Stange Law Firm in Lincoln and see how we can help.
