Legal Question in Family Law in Nebraska

likely outcome in CS review

I was divorced in Illinois and all parties including me, my ex wife and three sons now live in Nebrask. I had the Jurisdiction for CS accepted here and I pay to Nebraska Child Support center. My ex refuses to work choosing to pas the burden to her new husband, and I believe my Cs may go down under Nebraska guidelines. 1. Are the courts likely to impute some income? If it did revise down, would the excess amount likely continue toward arrears?


Asked on 5/08/08, 10:21 am

1 Answer from Attorneys
David Tarvi n Tarvin Law Office

Re: likely outcome in CS review

The court would likely impute some income to her based on her ability to work, not necessarily on her husband's income. However, the revision would not be retroactive but would go only from the month of filing the Complaint to Modify Child Support. Amounts owed are "vested", or set permanently, once they are owed. If you continued to pay the original amount after the revision down, the excess would go toward arrearages. It behooves you to file a Complaint to Modify as soon as possible since the revisions are not retroactive.

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Answered on 5/13/08, 11:35 am


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