Omaha Modification Lawyers
Let a Professional Negotiate Your Changes
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 PC LLO can help you understand the process and set realistic goals for modifying
your prior divorce or custody and support orders.
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.
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
- 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
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 PC LLO.
(402) 928-2007 or fill out a
contact form to schedule a consultation today.