Can I Modify My Child Support?

Child support modification is a process that allows for adjustments to an existing child support order when a material change in circumstances has occurred. This change must have arisen after the original order or a prior modification and must not have been anticipated at the time the order was issued. The party requesting the modification carries the burden of proving that such a change has taken place.

Several factors are considered when determining whether a material change in circumstances exists. These include changes in the financial situation of the parent responsible for paying support, the evolving needs of the child, the intent behind any reduction in income by the obligated parent, and whether the change is temporary or permanent in nature. A material change in circumstances is presumed if the recalculated child support obligation differs by at least 10% from the current obligation, provided that the financial circumstances causing the deviation have persisted for at least three months and are expected to continue for an additional six months.

To initiate the modification process, a petition must be filed, clearly outlining the grounds for the requested change. If the original child support order was issued in another state, it must first be registered in Nebraska before any modification can be pursued. Once registered, the modification process follows the same procedures and requirements as those for orders issued within Nebraska.

The Bottom Line:

Ultimately, the decision to modify child support lies within the discretion of the trial court. The courts primary concern in all child support matters, including modifications, is the best interests of the child. The courts decision will generally be upheld on appeal unless there is evidence of an abuse of discretion.