Child Support - Deviations and Modifications

As I stated in the last post, child support in Nebraska is usually determined by the income of the parents, in accordance with the Nebraska Child Support Guidelines. However, the parents can agree to a different amount, with the court’s approval. Since child support is for the benefit of the children and not the parents, there must be a good reason for any deviation from the Guidelines.

If you and the other parent seek a deviation from the Guidelines, any decent attorney would advise you to put your agreement in writing, or at the very least, read the agreement into the court record in detail. This way, if there is a change in the conditions that caused you and the other parent to seek the deviation, you will be able to go back into the court and ask it to alter the amount of child support due. This is called a modification.

To get a modification of child support, you have to show a “material change of circumstances” to the court. The presumption, according to the Guidelines, is that there is a material change in circumstances if application of the guidelines would result in a change by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, and if such circumstances have lasted 3 months and can reasonably be expected to last for an additional 6 months.