How to Modify Child Support in Nebraska: Filing Steps and Effective Date

By the FigureMyTax Editorial Team · How we calculate

To modify Nebraska child support, file a complaint to modify in the court that has your order and serve the other parent, or ask the department for a review. The change must have lasted three months with six more expected.

How do you modify child support in Nebraska?

1. Run the guideline amount in the Nebraska child support calculator and test it in the modification calculator.
2. File a complaint to modify in the court that has your order (Neb. Rev. Stat. 42-364(6)), or ask the department for a review if it is providing IV-D services.
3. Serve the other parent as in a dissolution action.
4. Attend mediation if the complaint raises a parenting plan, unless the court waives it.
5. Keep paying the existing order until the court changes it.

Is mediation required in Nebraska?

Proceedings to modify a parenting plan are referred to mediation or specialized alternative dispute resolution, and the court may waive it for good cause, such as a bona fide agreement of both parents or undue delay or hardship, after an evidentiary hearing at which the party seeking a waiver must show it by clear and convincing evidence (42-364(6)). A support-only complaint is generally handled without a parenting plan, but ask the clerk.

How does a Nebraska department review work?

The department reviews IV-D orders to decide whether to send them to the county attorney for an application to modify. It refers an order when the variation from the guidelines exceeds the rule amount and has lasted three months with six more expected, or when health coverage is available and the children have none other than medical assistance; health coverage cases can be modified within three years of the order (43-512.12).

Can I ask for a Nebraska review sooner than three years?

Yes, if you show a substantial change in circumstances expected to last the required time, such as a change in employment, earning capacity or income or an ongoing new source of income. After a review that ended without a referral because the change had not lasted, an order may be reviewed after one year (43-512.12(2)).

What if the payer will be in jail?

Within 15 business days of learning that a noncustodial parent will be incarcerated for more than 180 days, the department must start a review, mail notice to both parents and to the facility, and get financial information within 30 days; it must finish the review and notify the parties within 120 days (43-512.12(3)).

Can I get a hearing if the department decides not to refer my case?

The statutes we read do not describe a separate appeal of that decision, but you can still file your own complaint to modify in court (42-364(6)). The department’s review does not stop you from filing.

Who decides how support is used?

The court may, on a showing of abusive disregard of how support money is used, require the receiving parent to file a verified report with the court (42-364(4)). It rarely comes up in modifications.

How much does a late filing cost? An example

If you file 3, 6 or 9 months after your change, the relief you may lose at a $300 monthly difference is:

What happens to unpaid support while the complaint is pending?

It stays owed and draws interest. See how long Nebraska arrears last and add up your balance.

Frequently asked questions

Official sources

• Neb. Rev. Stat. 42-364: child support; modification
• Neb. Rev. Stat. 43-512.12: Title IV-D order review
• Neb. Rev. Stat. 42-358: enforcement of support
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due

This is general information, not legal advice. It is based on the cited Nebraska statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Nebraska attorney.