Omaha’s Accomplished Child Support Lawyer
Child Support Basics
Under Nebraska state law, both parents share an equal responsibility to support their child/children, both financially and otherwise. In most cases, however, the parent who lives with the child for the majority of the time — commonly referred to as the “custodial parent” — tends to receive child support payments. This is because state law assumes that the custodial parent generally spends more money directly on the welfare of the child. The parent who spends less time with his or her child — commonly referred to as the “non-custodial parent” — typically submits his or her payments, though a court could theoretically order either parent to pay child support.
Calculating Child Support Payments
When calculating how much you may be entitled to receive — or, conversely, how much you can expect to pay — in child support, it is necessary to examine your net income and gross income. Net income is simply gross income minus state and federal taxes, retirement payments and/or support paid to other children. By contrast, gross income simply refers to any and all sources of income, including salary, commissions and state and federal benefits (i.e. unemployment benefits, Social Security, etc.). Overtime and alimony received may also count toward gross income.
Before a child support arrangement has been agreed upon by both parties, parents may ask the court to either increase or reduce the amount based on special circumstances, including extraordinary medical costs (involving either one parent or the child), costs associated to special needs treatment, foster care expenses and/or if total net income exceeds $15,000 per month. In cases involving the latter, ten percent of all income above $15,000 will go toward child support.
Modifying Child Support Arrangements
In certain circumstances, a parent may request to modify the child support order due to a material change in financial circumstances lasting for at least three months. This parent must also expect that his or her changed circumstance will continue for an additional six months. Simply defined, a material change in circumstances is one in which the amount of child support would change by ten percent or more.
Wesley S. Dodge Attorney at Law has dedicated his professional career to assisting Omaha and Douglas County families with child support issues. Call Mr. Dodge today at (402) 333-1604.