A common question people who have a child support order ask is when and how do I modify my child support amount?
The Nebraska Child Support Guidelines spell out that child support qualifies for a modification when using the guidelines would result in, “a variation of 10 percent or more, but not less than $25, upward or downward, of the current child support obligation, child care obligation, or health care obligation, due to the financial circumstances which have lasted 3 months and can reasonably be expected to last for an additional 6 months.”
So what does that mean? If we run a new child support calculation using the current income or earning potential of the parents and the amount of child support goes up or down by at least 10%, we might be able to modify. The new child support amount also has to be at least $25. The parent’s current income also has to have lasted for 3 months and be expected to continue for an additional 6 months into the future
Examples of how child support would change.
Increase in income. If your child support has been the same for ten years, chances are good that you’ve increased your income and that increased income would result in a higher child support obligation.
Disability. If one of parties to a child support becomes disabled, it’s highly likely that that person’s income and earning potential has also changed. This change will likely result in a lower support obligation.
Examples of what is not a reason to change child support.
After-born children. The most frequent circumstance that we see that does not constitute a material change of circumstances warranting a modification to child support is the birth of another child. After born children can be a defense to prevent an increase in support but they cannot be used as a reason to increase support. I’ve heard it analogized as the fact that someone has a child after a child support order has been entered cannot be used as a sword to make the change but it can be used as a shield to prevent the change.
Temporary unemployment. If there is someone’s employment status is changed due to a loss of job, and the temporary status is a couple of months long, that temporary lapse in employment is not enough to modify child support.
If you think it’s time to review your child support order, give us a call today and we can determine if it’s worth the time and the cost to get it modified.