What Counts as a Material Change in Circumstances for Child Support in Nebraska

By the FigureMyTax Editorial Team · How we calculate

To modify Nebraska child support you must show a material change in circumstances, which the court forms state as a guidelines change of 10% or more and at least $25 a month that has lasted three months and is expected to last six more.

What is a material change in circumstances for child support in Nebraska?

The statutes we read do not define it. Modification proceedings relating to support are started by filing a complaint to modify (Neb. Rev. Stat. 42-364(6)), and the court forms ask the parent to state that there has been a material change in circumstances since the order and that applying the guidelines to current income would change the monthly obligation by 10% or more and by not less than $25 a month, with the change having lasted three months and expected to last six more.

What is the 10% and $25 test?

It compares the monthly guidelines amount on current income with the existing order. Both the percentage and the dollar amount have to be met. The Nebraska child support modification calculator tests both.

With an $800 order, $1,000 is 25% higher and $200 apart, so it meets both tests; $870 is 8.8% higher and does not. One court form words the order language as “more than 10%”, so ask your court about the exact edge.

Why three months and six months in Nebraska?

The department refers an order for modification only if the variation is due to financial circumstances that have lasted at least three months and can reasonably be expected to last for an additional six months (43-512.12(1)(a)). The same wording appears on the complaint forms. A short layoff or a one-off bonus is unlikely to qualify.

Is it the income that has to change by 10%?

No. The 10% applies to the child support obligation itself, calculated by running current income through the guidelines, not to the change in either parent’s income. A 10% pay change may or may not move the guideline amount by 10%.

What does the Nebraska department review?

In IV-D cases the department reviews an order on its own initiative or at either parent’s request when federal law requires it, and refers it to the county attorney if the order varies from the guidelines by more than the rule’s amount, or if health coverage is available and the child has none. Orders it did not already address are not reviewed within three years of the order unless the requesting parent shows a substantial change expected to last, which can include a change of job, earning capacity or income or a new ongoing source of income (43-512.12(1)-(2)).

From what date can the order change?

We found no Nebraska statute in the sections we read that fixes the start date of a child support modification; for alimony, amounts accrued before the filing of the complaint cannot be modified (42-365). Federal law bars retroactive modification of support already due (42 U.S.C. 666(a)(9)), so file as soon as the change has lasted long enough. Every month of delay can cost the difference:

What happens next?

Read how to modify child support in Nebraska for the filing steps, and check what stays owed with the Nebraska arrears calculator.

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.