Modifying or Enforcing a Custody, Support, or Divorce Order
A decree reflects your family’s circumstances at the time it was entered. Children grow, jobs change, parents move, and sometimes one parent stops following the order altogether. Nebraska law allows certain parts of a decree to be modified when circumstances change, and provides tools to enforce orders that are being ignored.
What Can Be Modified
- Custody and parenting time. The parent asking for a change must show a material change in circumstances since the last order, and that the proposed change is in the child’s best interests. The Parenting Act’s requirements, including mediation, generally apply to modifications too.
- Child support. Support can be modified when there has been a material change in circumstances. Under the Nebraska Child Support Guidelines, a change in the calculated amount of 10 percent or more, based on circumstances that have lasted at least three months and are expected to continue, generally qualifies.
- Alimony. Alimony can potentially be modified for good cause, unless the decree or the parties’ agreement makes it non-modifiable.
- Property division. Generally, the division of property and debts is final and cannot be modified later, which is one more reason to get it right the first time.
Relocating With a Child
A parent who wants to move a child out of Nebraska generally needs either the other parent’s agreement or the court’s permission. The parent seeking to move must show a legitimate reason for the move and that the move is in the child’s best interests. Moving without permission can seriously damage a parent’s custody case.
Enforcing an Order
When a former spouse or co-parent refuses to follow a court order, by withholding parenting time, failing to pay support or alimony, or ignoring property provisions of a decree, the court can hold them in contempt and order compliance. Unpaid child support can also be collected through income withholding and other enforcement tools. We represent both parents seeking enforcement and parents responding to contempt actions.
Don’t Rely on an Informal Agreement
Parents often agree to changes informally. Those side agreements are generally not enforceable, and they can create real problems later. For example, courts generally cannot reduce child support for the months before a modification was filed. If your circumstances have changed, put the change in a court order. If you and the other parent agree, a stipulated modification can often be approved without a contested hearing.
Frequently Asked Questions
How soon after my divorce can I ask for a modification?
Nebraska does not set a fixed waiting period, but you must show a material change in circumstances since the most recent order. Changes that were anticipated when the order was entered usually do not qualify.
My ex lost their job. Does their child support go down automatically?
No. Support stays the same until a court modifies it, and a court will look closely at whether a job loss was voluntary. The parent seeking a change should file promptly.
