When parents separate or divorce in Nebraska, establishing a formal child support order protects everyone involved. Without an official court order, confusion and conflict often arise about how much should be paid, when payments are due, and what happens if someone doesn't follow through.
A Nebraska child support order is a legal document issued by a court that specifies how much one parent must pay to support their children. This order has the full force of law behind it, meaning failure to comply can result in serious consequences. Understanding how to establish, modify, and enforce these orders helps ensure your children receive the financial support they deserve.
What Is a Nebraska Child Support Order
A Nebraska child support order is an official court decree that establishes each parent's financial obligations toward their children. The order specifies the amount to be paid, when payments are due, how long support continues, and additional responsibilities like health insurance and childcare costs.
These orders are issued by district courts in most Nebraska counties. Douglas, Lancaster, and Sarpy Counties have separate juvenile courts that also handle child support matters. The state of Nebraska takes child support seriously because it directly affects children's wellbeing.
Child support orders aren't suggestions or informal agreements. They're legally binding court orders with the same authority as any other court judgment. This means the court can enforce them through various legal mechanisms if a parent doesn't comply.
How to Establish a Child Support Order
Getting a formal support order in place protects both parents and ensures children receive consistent financial support. Several paths exist for establishing these orders in Nebraska.
Through Divorce or Custody Cases
Most child support orders are established as part of divorce or custody proceedings. When parents file for divorce or paternity actions, child support becomes one of the issues the court must address.
The court won't finalize a divorce or custody case without establishing child support obligations. Both parents must provide complete financial information including tax returns, pay stubs, and documentation of all income sources.
The court uses this information along with the Nebraska child support guidelines to calculate the appropriate support amount. The final divorce decree or custody order will include specific child support provisions.
Through Child Support Enforcement
Parents can establish child support orders without filing for divorce or full custody cases. The Nebraska Department of Health and Human Services operates a Child Support Enforcement program that helps parents establish orders.
You can apply for these services online or by completing a paper application. The application requires information about both parents, the children, and financial circumstances.
Once you apply, Child Support Enforcement works with the county attorney or authorized attorney to file a complaint in district court. The court then sets a hearing where both parents present financial information and the judge establishes a support order.
Required Information for Establishing Orders
To establish a child support order, you'll need to provide several key pieces of information. Both parents' full names, addresses, and Social Security numbers are required. You'll also need each child's name, date of birth, and Social Security number.
Financial documentation is essential. Gather at least two years of tax returns, recent pay stubs covering several pay periods, proof of health insurance coverage and costs, documentation of childcare expenses, and information about any existing support orders for other children.
If paternity hasn't been legally established, this must happen before a support order can be issued. Nebraska requires proof of the parent-child relationship before ordering support.
Components of a Support Order
A complete Nebraska child support order addresses multiple aspects of financial responsibility for children. Understanding each component helps parents know what they're required to provide.
Basic Child Support Payment
The basic monthly support payment is the foundation of every order. This amount is calculated using Nebraska's income shares guidelines based on both parents' incomes and the number of children.
The support order specifies the exact dollar amount due each month, when payments are due (typically on the first of each month), and where payments should be sent (usually the State Disbursement Unit).
The order also clarifies which parent pays support to which parent. Generally, the parent with less parenting time pays support to the custodial parent.
Health Insurance Coverage
Nebraska law requires child support orders to address children's health insurance needs. If health insurance is available to either parent at reasonable cost through an employer, the court will order that parent to provide coverage.
Health insurance is considered reasonable if it costs no more than 5 percent of the responsible parent's gross income. The coverage must also be accessible, meaning children can actually use it without unreasonable difficulty.
The support order specifies who must carry health insurance for the children, what happens if that insurance becomes unavailable, and how the cost of premiums is divided between parents.
Medical Expenses
Beyond insurance premiums, child support orders address uninsured medical costs. The Nebraska child support guidelines include up to $250 per child per year for basic medical expenses.
All reasonable and necessary medical costs exceeding $250 per child annually must be shared by parents in proportion to their incomes. The support order explains how these costs are divided, what documentation is required, and how reimbursement works.
Uninsured medical expenses include copays, deductibles, prescriptions, dental care, orthodontics, vision care, and mental health treatment not covered by insurance.
Childcare Costs
Work-related or education-related childcare expenses are addressed separately from basic support. These costs can be substantial, especially for young children.
The support order specifies how childcare costs are divided between parents, typically in proportion to each parent's share of total income. The order also explains what documentation is required to claim reimbursement for childcare expenses.
Parents must provide receipts and proof that childcare was necessary for work or education purposes. The court may impute the value of the federal childcare tax credit to reduce net costs that parents must share.
Duration of Support
Every Nebraska child support order specifies when the obligation ends. Child support typically continues until each child turns 19, the age of majority in Nebraska.
Support also terminates if a child gets married, becomes legally emancipated, becomes self-supporting, or dies. The order should specify how the support amount changes as each child reaches these milestones.
For families with multiple children, the order includes a schedule showing reduced payment amounts as each child ages out of the support obligation.
Filing and Serving the Support Order
Once a support order is prepared, proper filing and service procedures ensure it becomes legally effective and enforceable.
Filing With the Court
All child support orders must be filed with the clerk of the district court in the county where the case is being heard. In Douglas, Lancaster, and Sarpy Counties, orders may be filed with the separate juvenile courts instead.
When you file a support order, you'll receive a case number if this is a new case. This number must appear on all future documents related to the support order.
The clerk keeps official records of all orders filed. These records document when the order was established, what amounts were ordered, and any subsequent modifications.
Serving the Other Parent
After the court issues a support order, the other parent must receive official notice of its contents. This process is called service of process.
Service ensures the paying parent knows exactly what they're required to pay and when payments begin. Without proper service, enforcement becomes difficult or impossible.
The most common service method involves the sheriff personally delivering a copy of the order to the other parent. You file a praecipe (a service request) with the court clerk along with payment for the sheriff's fee.
If the other parent lives in a different county or state, you'll need to coordinate with the sheriff's office in that location to arrange service. Some jurisdictions require advance payment, while others bill later.
When Service Isn't Possible
Sometimes the other parent cannot be located or actively avoids service. In these situations, Nebraska law allows alternative service methods.
Service by publication involves publishing notice of the support case in a newspaper for a specified period. This method requires court approval and is used only when other methods have failed.
Even with an alternative service, the support order becomes effective and enforceable once the court approves it.
Enforcing Child Support Orders
A Nebraska child support order only works if it's actually followed. When parents fail to pay as ordered, several enforcement options exist.
Income Withholding
Income withholding is the most effective enforcement method. The court orders the paying parent's employer to automatically deduct support from wages and send it directly to the State Disbursement Unit.
Income withholding happens in almost all cases, even when parents are paying voluntarily. This automatic deduction ensures consistent, timely payments without requiring manual effort each month.
Employers must comply with income withholding orders. Failure to withhold and remit support payments can result in penalties for the employer.
Child Support Enforcement Services
The Department of Health and Human Services provides enforcement services to help custodial parents collect unpaid support. These services are available whether or not you receive public assistance.
Enforcement tools include tax refund intercepts that capture federal and state tax refunds when support is past due, license suspension of driver's, professional, and recreational licenses, credit reporting that damages the non-paying parent's credit score, and passport denial that prevents international travel.
The department can also place liens on property, seize bank accounts, and take other legal actions to collect past-due support.
Contempt Actions
When other enforcement methods don't work, you can file a contempt action asking the court to hold the non-paying parent in contempt of court. Contempt is a serious matter that can result in jail time.
To file for contempt, you must complete an Affidavit and Application for Order to Show Cause. This document explains how the other parent violated the support order.
The court issues an Order to Show Cause requiring the other parent to appear and explain why they shouldn't be held in contempt. At the hearing, you present evidence of non-payment, usually including certified payment records from Child Support Enforcement.
If the judge finds the parent in contempt, they typically impose a jail sentence but suspend it on condition that the parent follows a purge plan. This plan sets specific payment requirements that must be met to avoid jail.
Payment Methods and Records
How you pay child support and how payments are tracked matter significantly. Proper payment and record-keeping protect both parents.
Where to Send Payments
All child support payments should go through the State Disbursement Unit, not directly to the other parent. The payment center is located in Lincoln and processes all support payments in Nebraska.
Payments can be made through income withholding from paychecks, online at the Nebraska Child Support Payment Center website, by check or money order mailed with payment coupons, by credit or debit card online or in person, or through automatic bank account withdrawals.
Never pay child support directly to the other parent unless your support order specifically allows it. Payments made outside the official system may not be properly credited toward your obligation.
Official Payment Records
The State Disbursement Unit maintains detailed records of all payments received and distributed. These records show when payments were made, how much was paid, how payments were applied to current support versus arrears, and what balance remains owed.
Both parents can access their payment history online or by calling the payment center. These official records are critical if disputes arise about payment amounts or timing.
Custodial parents receive monthly statements showing what was paid during the previous month. Paying parents should also keep their own records, including confirmation numbers from online payments, copies of checks or money orders, and bank statements showing deductions.
How Payments Are Applied
When you make a child support payment, it's applied in a specific order according to Nebraska law. Current support for the present month is paid first. Any amount exceeding current support goes toward past-due support, then toward interest owed on arrears.
If you have multiple child support orders for children from different relationships, payments are divided proportionally among all orders based on amounts owed.
Modifying a Support Order
Life circumstances change, and Nebraska law allows child support orders to be modified when significant changes occur. Understanding when and how to modify orders helps ensure support amounts remain fair and appropriate.
When Modification Is Appropriate
You can request modification of a Nebraska child support order when there's been a material change in circumstances. This means applying current guidelines would change the support amount by at least 10 percent and by at least $25.
The changed circumstances must have lasted for at least three months and are expected to continue for at least six more months. Temporary or short-term changes usually don't justify modification.
Common reasons for modification include significant income changes for either parent, changes in parenting time arrangements, changes in health insurance availability or cost, changes in childcare expenses, and the birth or adoption of additional children.
Filing for Modification
To modify a support order, you file a motion with the court that issued the original order. Both parents must provide updated financial information and complete new child support worksheets.
You'll need current pay stubs, recent tax returns, proof of current health insurance costs, documentation of childcare expenses, and information about any other changes affecting the calculation.
The Department of Health and Human Services can review orders every three years upon request from either parent. If applying current guidelines would change the support amount by the required percentage, they can help you file for modification.
Effective Date of Modifications
Modified support orders typically take effect from the date the judge signs the new order. Some courts make modifications retroactive to the first day of the month after you filed for modification.
Modifications are rarely retroactive beyond that point. You must continue paying the current ordered amount until the court officially changes it. Simply stopping payment or reducing what you pay on your own violates the existing order and can result in contempt.
Special Situations and Considerations
Certain circumstances create unique issues for Nebraska child support orders. Understanding these special situations helps parents navigate more complex cases.
Multiple Families
If you have children with more than one person, you may have multiple child support orders. Nebraska law addresses how these obligations interact.
Support you're already paying for other children gets deducted from your income before calculating support for additional children. This prevents unfair double-counting of your income.
However, having additional children after a support order is established doesn't automatically reduce what you owe under existing orders. New children can be a reason the court denies requests to increase existing support but won't justify decreasing it.
Public Assistance Cases
When a custodial parent receives certain types of public assistance, the state of Nebraska may have an interest in the child support order. This is called a Title IV-D case.
In these cases, support payments may go to the state to reimburse public assistance costs rather than directly to the custodial parent. Beginning in 2027, Nebraska will allow custodial parents to keep a portion of support payments even when receiving assistance.
The state has enforcement authority in Title IV-D cases and can take action to collect support without the custodial parent having to file contempt actions.
Interstate Cases
When parents live in different states, the Uniform Interstate Family Support Act governs how support orders are established and enforced. Nebraska has adopted this uniform law to coordinate with other states.
If you live in Nebraska and the other parent lives elsewhere, your Nebraska child support order remains enforceable in other states. Similarly, orders from other states can be enforced in Nebraska.
Interstate cases can be more complicated because you're dealing with legal systems in multiple jurisdictions. Child Support Enforcement can help navigate these situations and coordinate enforcement across state lines.
Third-Party Custody
Sometimes children live with relatives or other third parties rather than with either parent. When this happens, both parents may be ordered to pay child support to the third party.
The court calculates each parent's support obligation using the standard guidelines based on their incomes. Each parent then pays their share to the person caring for the children.
Getting Legal Help With Support Orders
Child support orders involve complex legal procedures and significant financial obligations. Many parents benefit from working with experienced family law attorneys.
When to Hire an Attorney
Consider hiring an attorney when establishing initial support orders, especially if the other parent has an attorney, modifying existing orders when significant issues are involved, or dealing with enforcement problems including contempt actions.
Attorneys understand the procedures and requirements for support orders. They can ensure your rights are protected and help you present the strongest case possible.
Free and Low-Cost Resources
If you can't afford a private attorney, other resources may be available. Legal aid organizations serve low-income individuals in family law matters. Contact Legal Aid of Nebraska to see if you qualify.
Child Support Enforcement provides services to establish and enforce support orders at no cost. While they don't represent you personally, they work on behalf of the state to ensure children receive support.
Some counties offer limited self-help services through the district court clerk's office. These resources can help you understand forms and procedures, though clerks cannot provide legal advice.
Protecting Your Rights and Your Children
A Nebraska child support order is more than just a piece of paper. It's a legal commitment that ensures children receive financial support from both parents regardless of the parents' relationship.
Understanding how to establish, enforce, and modify these orders helps you navigate the system effectively. Whether you're the parent who pays support or receives it, knowing your rights and responsibilities protects both you and your children.
Take child support obligations seriously. Pay on time and in full if you're the obligated parent. If you're owed support, take action when payments stop. Keep good records, communicate through official channels, and seek help when you need it.
Child support orders exist to benefit children. By following the order and working within the legal system, you ensure your children receive the financial support they need and deserve throughout their childhood.