Nebraska Child Support

Unlike alimony payments, child support payments are not tax-deductible, so the paying parent can’t claim the support payment on their taxes in Nebraska.

Nebraska considers child support tax-free for federal income tax purposes, so the parent receiving the payments doesn’t owe taxes on that money. It does not need to be included as income.

Support payments are taken after income tax.

Yes. The Nebraska Department of Revenue maintains the authority to offset the support debts with an individual’s federal income tax refund. If you are late on payments, then your tax return may be seized.

Paternity may be established either automatically, voluntarily or involuntarily. Courts assume paternity when a child is born while the parents are married. Fathers may also voluntarily acknowledge paternity by completing legally binding forms that will add them to the child’s birth certificate. Paternity may also be established involuntarily through court-ordered genetic tests.

If the father is not listed on the birth certificate, then he doesn’t have any parental rights to the child. He will need to establish paternity through the courts to assert his rights as the child’s father.

No. A mother may try to convince you that she will refuse a paternity test, but she will not have an option when a court orders the paternity test.

If the father is deceased, then you must have a valid, reasonable reason to establish paternity that would be beneficial for the child. Nebraska Courts can order genetic testing of the family members, but they only do this in extreme circumstances.

It is possible for the father to obtain a paternity test without the mother’s DNA. It’s advised that fathers seek out a court-ordered paternity test when the mother refuses to agree to the test.

An acknowledgment or affidavit of paternity (AOP) can be signed at the hospital within 72 hours of the child's birth, or at the local health department in Nebraska. Both the mother and the father must sign the affidavit. Within 60 days of the signing the affidavit, however, anyone who is entitled to file a paternity case can file a case and ask for genetic testing. In Nebraska, a petition for paternity must be filed within four years of the child’s birth. There are certain circumstances in which courts will make an exception to this time limit, but it’s best to consult with an attorney when the child is over 4-years-old.

Yes. While the support orders are binding and mandatory orders, they are subject to modification when circumstances call for a review of the order.

The support orders can be modified when there has been a significant change in the financial circumstances of one of the parents or when custody arrangements have been altered.

Parents can file for a modification of child support by making either a written or verbal request through Nebraska’s Child Support Customer Service Call Center at 877-631-9973, option 2.

The state of Nebraska very rarely appeals to a support order.

A lawyer is not required when pursuing a modification of a support order. It’s important for the applicant to file the correct paperwork and collect important documents, but this can be achieved without hiring an attorney.

Processing times are affected by things like whether or not paternity needs to be established and if a non-custodial parent can be located.

If you aren’t receiving payments on your support order, then it may be your best option to request an enforcement order from the court or the Child Support Enforcement Agency.

Enforcement actions may include but are not limited to wage garnishment and the revocation of drivers and professional licenses.

Overdue payments that exceed $10,000 or have been outstanding for over two years can result in a felony criminal charge.

There is no statute of limitations on overdue the support payments, and these debts are very rarely forgiven by the state who takes parental responsibilities very seriously.

File a request for support order termination with the courts.

The support orders can be terminated when the child has reached 19-years-old, passed away, gotten married or been emancipated through a court order.

As long as the custodial parent isn’t receiving public assistance, they can close the support case at any time.

When the child has turned 19, passed away, gotten married or been legally emancipated.

19 is the legal age at which parents can stop paying the support.