Life is unpredictable, and sometimes those changes impact existing court orders for child custody, support, or alimony. If your situation has shifted, you may need to request a modification of these court orders to reflect your current circumstances. But how does the process work? Whether you're looking to adjust current arrangements or just exploring options, this guide explains how post-divorce modifications work in Nebraska and what to expect. 

What is a Modification? 

A modification is a legal adjustment to an existing court order. When circumstances change significantly after a divorce, the court may find that the original order no longer applies fairly to the new situation. The court can modify orders related to custody, child support, or alimony to ensure they remain relevant, practical, and fair. 

How Do I Obtain a Modification? 

In Nebraska, a court will modify a court order when there is "good cause" to do so. This generally means there has been a “material and substantial change” in circumstances. For child custody changes, the court must also determine that the modification is in the best interests of the child. This process ensures that any legal updates truly reflect the current needs and welfare of those involved. 

What Constitutes a Material and Substantial Change? 

Determining what qualifies as a “material and substantial change” depends on the specific type of modification you are seeking. Each case is assessed individually by the court, considering the family's details and unique circumstances. Below are common examples of changes that may warrant a modification: 

Custody

Custody arrangements are designed to prioritize the child’s best interests. A modification may be appropriate if: 

A parent relocates to a different state or makes significant changes to their home environment, impacting the child. 

The child develops new medical or educational challenges that the current custody arrangement doesn’t adequately address. 

A parent’s behavior becomes harmful to the child’s well-being, creating an unsafe or unhealthy environment. 

The parents have significantly deviated from the original custody agreement for an extended period of time, rendering the order outdated. 

Child Support

Child support is intended to ensure that both parents contribute fairly to the financial support of the child. Changes to a support order may be considered if: 

One parent experiences a significant change in income, such as job loss, a raise, or starting a new job with a drastically different pay structure. 

The child's circumstances evolve, requiring additional financial support due to changes like medical conditions or educational challenges. 

There is a significant shift in the time the child spends with one parent, affecting the fairness of the current support arrangement. 

Alimony (Spousal Support)

Alimony is designed to provide financial support to a spouse after divorce, often for a specific period of time. A modification to alimony may be appropriate when: 

One party’s financial circumstances change significantly, whether due to a job loss or a substantial increase in income. 

The recipient of alimony begins cohabitating with a new partner, potentially altering their financial dependence.

How to Defend Against a Motion to Modify Custody

While some may seek a modification, others may find themselves in the position of needing to defend against a modification action. For example, if your ex-spouse files to change a custody, support, or alimony order, and you believe the change is unnecessary or harmful, it’s important to take legal action to protect your interests. An experienced attorney can help you build a strong defense to maintain the current court order if it continues to serve the best interests of all parties involved. 

How Can an Attorney Help? 

The process of modifying custody, support, or alimony orders can be complex, with each case presenting its own unique set of facts and challenges. Whether you are seeking a modification or defending against a modification action, having a knowledgeable attorney by your side is essential. The team at McGill Law can help guide you through the legal process, prepare your case, and advocate on your behalf. 

Our attorneys will work closely with you to understand your specific situation, gather evidence to support your case, and ensure that your rights are protected throughout the modification process. With expert legal assistance, you can confidently navigate the complexities of adjusting or defending an order, ensuring that the outcome is both fair and just. 

Reach out to McGill Law today to discuss your options and receive the support you need to move forward.