Omaha Alimony & Child Support Attorneys
Put a Team of Professionals on Your Side
Slowiaczek Albers has served clients throughout Omaha and outstate Nebraska for years, from
alimony matters to child support negotiations. As part of your
divorce, it is critical that you agree on fair alimony and child support terms
as you rebuild your life. Having an experienced and seasoned legal professional
on your side will help you navigate your post-divorce finances appropriately.
What Is Alimony?
Alimony is a court-ordered payment that one spouse pays the other during
the divorce or for a time after. Either spouse can request alimony during
the divorce, though they must demonstrate a need for financial support
that the other spouse can afford to pay.
It is fairly common for judges to award temporary alimony during the divorce
process, especially if one spouse is financially dependent on the other.
Temporary support during the divorce helps a lower-earning spouse make
ends meet while adjusting to a new, one-income household. Temporary alimony
terminates when the judge finalizes the divorce.
Rehabilitative support is another form of short-term alimony, but this
kind of support is provided only if a spouse shows they need to acquire
an education or certain job skills to find employment. The purpose of
rehabilitative support is to provide the supported spouse with financial
help while taking the steps necessary to become self-supporting. Rehabilitative
support payments may terminate when the supported spouse secures employment
or completes a degree program.
Permanent support is rare and usually reserved it for long-term marriages
where one spouse can’t become self-supporting, such as if a spouse
can’t become financially independent due to advanced age or disability.
Permanent alimony is not always indefinite, though, and the court may
order that it terminates on a future date or after a particular event,
such as if the supported spouse remarries.
Once the court decides alimony is appropriate, it will evaluate the following
factors to determine the amount and duration of the award:
- each spouse’s financial circumstances;
- the length of the marriage;
- both spouse’s contributions to the marriage, including childcare
- whether either spouse interrupted personal careers or educational opportunities
during the marriage; and
- the supported spouse’s ability to engage in gainful employment without
interfering with the needs of the couple’s children.
How Is Alimony Calculated?
There is no formula for judges to use to calculate alimony. Judges have
broad discretion and will focus on ensuring that the dependent spouse
has a reasonable time to bridge the period between the divorce and becoming
The court can require alimony payments to be one lump-sum, periodic payments,
or a property transfer. Lump-sum payments are rare, though such a payment
will end the paying spouse’s obligation forever. Periodic payments
are most common and usually occur monthly, such as by a paycheck deduction
of the paying party directed to the supported party.
Laws Protecting Against Non-Payments
Individuals who do not pay court-ordered alimony could face penalties like
tax intercepts, attorney fees, bank account seizures, loss of driver’s
license, or in the most severe cases, jail time. If you are held in contempt
due to non-payment, the court may appoint you an attorney if you are unable
to afford one.
What Is Child Support?
Child support is a monthly payment that parents make to help cover the
costs of raising a child. In Nebraska, parents have an equal duty to support
their children financially and otherwise. Generally, however, the parent
who lives with the child most of the time (the custodial parent) tends to receive child support payments, and the parent with less parenting
time (the non-custodial parent) usually makes the payments.
Typically, parents must pay child support until the child turns 19 years old.
The amount of these payments depends on Nebraska’s child support
guidelines, which are based on:
- the number of children needing support;
- the income of both parents; and
- the custody arrangement.
How Is Child Support Calculated?
Nebraska courts consider a few financial factors when determining how much
a parent needs to pay in child support. One such factor is net income.
Net income is gross income minus deductions like state and federal income
taxes, mandatory retirement payments, and support already paid for other
children. Gross income, on the other hand, includes everything from salaries
and commissions to unemployment and Social Security benefits.
Most other income sources, even from regular overtime and alimony received,
also count as income.
Before the order is in place, parents may ask the court to increase or
reduce the payment amounts based on the following circumstances:
- when there are extraordinary medical costs of either parent or child;
- when the child has special needs;
- if total net income exceeds $15,000 per month;
- where the child has been placed in foster care; and
- whenever the application of the guidelines in an individual case would
be unjust or inappropriate.
Let Slowiaczek Albers Help
If you have legal concerns or questions about alimony or child support
negotiations in your Omaha post-divorce case, speak with an experienced
attorney for legal guidance. A lawyer can help evaluate your circumstances
and the terms of the agreement to ensure you have a fair contract in place.
Further, having a lawyer represent you in your negotiations can make sure
that all the nuances of the agreement, such as the duration of payments,
Let Slowiaczek Albers help. Call
(402) 928-2007 or fill out this
online contact form to schedule a consultation with our team.