Change is a part of life. When major changes arise, parents may need to renegotiate child support or parenting time. Revisiting the issues that led to divorce can be frustrating and rather contentious, but our experienced team of legal professionals at Slowiaczek Albers & Whelan can help you understand the process and set realistic goals for modifying your prior divorce or custody and support orders.
Trust a skilled Omaha modifications to represent your best interests. Call Slowiaczek Albers & Whelan today.
Modifying Child Support
Individuals may seek a modification of their existing child support order if significant circumstances have arisen affecting the person’s ability to pay support. In other words, a parent may apply for modification of child support if their income has increased or decreased.
- The legal process begins with the filing of a Complaint for Modification of Child Support with the clerk of the district court in the county where the original order for child support was entered.
- Speak to an attorney at Slowiaczek Albers if you have questions about whether or not your change in financial circumstances will justify a modification to your current child support order.
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Modifying Child Custody (Parenting Time)
Prior to seeking Court intervention to modify a parenting plan, parties are required to attempt remediation of their parenting plan. If the parties cannot reach an agreement after further mediation and one of the parties wants to change the existing parenting plan, they will have to file a Complaint for Modification with the court and must notify the other parent that they’ve filed the complaint.
Note that an individual cannot request a modification of the existing plan on a whim. Rather, they must convince the court that there has been a “material change in circumstances” from the time the current parenting plan went into effect, such as if one of the parents has to move out of state due to an employment change, or if one parent has become disabled and abiding by the current plan would pose a major hardship. As always, though, the court will determine whether any proposed change to the parenting plan would be in the best interests of the child.
Modifying custody or a parenting plan means the court will change its order. The new court order must include:
- a court finding that there has been a material change in circumstances since the last parenting plan was ordered and a court finding that the proposed change to the parenting plan is in the minor child’s best interests;
- a new parenting plan that provides for a change in custody or parenting time.
The court may also change child support and the responsibility for health care expenses and childcare expenses.
As with a modification of child support, the legal process begins with filing a Complaint for Modification with the clerk of the district court in the county where the original order was entered. When filing a Complaint for Modification, an individual can ask the court to make decisions about:
- parenting time (visitation);
- child support; and
- responsibility for health care expenses and childcare expenses.
Parents must have a newly written parenting plan to give to the court at the time of the final hearing, and the plan must address physical custody, legal custody, and parenting time. Note that both parents must sign the parenting plan. The Nebraska courts have parenting plan templates and guidelines on their website.
Questions? Call (402) 928-2007.
If you are interested in modifying an existing court order, it is best to consult an experienced attorney for legal guidance throughout the filing process. While anyone can apply for a modification, an application will only be successful if you can prove extenuating circumstances that render the order no longer viable (e.g., change in income, relocation). For more information, contact our legal team at Slowiaczek Albers & Whelan.
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