Buffalo County: Child Support Enforcement Faq

Child Support Enforcement Faq

Child Support Enforcement FAQ

Do you charge for your services?
There is a $25.00 annual fee for child support enforcement services, but you will not be billed or asked to pay the fee directly. Instead, the fee is collected out of child support payments made by the person owing the child support. The fee is collected in cases where at least $500.00 per fiscal year (Oct. 1-Sept. 30) in child support is collected. Under no circumstances will parents who are receiving state aid be required to pay a service fee.

What services do you offer?
We offer paternity establishment services, as well as enforcement services for existing child support, spousal support, and medical support orders.

Must I live in Buffalo County to make use of your services? Baby in carseat

If you are a Nebraska resident applying for paternity services, you should contact the child support office in the county where you live. That would typically be your local County Attorney’s Office. If you live in Buffalo County, contact us at the address above. If, on the other hand, you live in another county and have a support order already existing, you should contact the child support office in the county where that order exists, even if you have moved to another county since then. If you child support order comes from another state, you may either work through your local county child support office, or contact the child support office in the other state directly.

Do you handle custody or visitation issues?
No. State law prohibits us from assisting on these issues. You should contact private counsel to assist you, or contact Legal Aid of Nebraska to see if you qualify for their services. Some employers offer legal insurance plans, much like medical insurance, so check to see if your employer offers such assistance.

I was previously ordered to pay child support, but now my child lives with me. Can you stop my child support order, and help me get a new one where the other parent pays me instead?
Only a court can legally change an existing child custody order. Courts determine what is in the “best interests” of the child when they issue a custody order, and parents cannot agree between themselves to override a judicial determination. A child support enforcement office is not authorized to become involved with custody determination issues. You should consult a private attorney to assist you.

The other parent of my children has a violent temper, and has threatened to hurt me and/or our children if I pursue them for child support. What can you do to help me?
We are very aware that many couples separate because of domestic violence issues. Your safety, and the safety of your children, is our #1 concern. Everyone who applies for child support or paternity services, whether through an HHS caseworker or directly with our office, will be asked about this potential problem. If you tell us you are concerned about the potential for family violence, we will give your case special treatment. Each case is handled on its own set of facts. A decision may even be made not to pursue the other parent due to the threat of his or her becoming abusive to you or your children.

If you have immediate concerns about possible violence to you or your children, we urge you to call 911. Otherwise, contact the SAFE Center.

I already have an existing child support order, but now the noncustodial parent is making much more money. Can my support order be modified to have the other parent pay me more support?
Yes. Whenever (1) there is a material change in financial circumstances of a parent who is ordered to pay support, (2) the change of financial circumstances was unforeseen at the time your support order was entered, (3) the change in circumstances has lasted at least three months, and is expected to last at least six additional months, and (4) the modification request is processed through the HHS Review & Modification office, your support order may qualify for modification. A “material change in financial circumstances” usually means an increase or decrease of support by at least 10% but not less than $25.00. If you (or the other parent) continue to live in Nebraska, and if your order is at least 3 years old, you may ask the State to process your request for a modification free of charge. Contact the HHS Review & Modification office at (800) 831-4573 for more information, or see Creating or Changing a Court Order. If your order is less than three years old, or if neither parent continues to reside in Nebraska, you would be responsible for pursuing your modification request on your own, with your own attorney. See the Nebraska Child Support Guidelines for more information.

I am ordered to pay child support, but I no longer earn as much as I used to, and I have been unable to find similar employment that pays as much as my old job. Can I get my child support reduced on account of my earning less now?
Possibly. Child support can be modified either upward or downward if the circumstances justify it. Generally, child support may not be reduced unless the parent who is ordered to pay support suffers a long-term reduction in their earning capacity or income through no fault of their own. Examples of this would include corporate downsizing, the elimination of specialized work that cannot easily be replaced at the same pay level, or a medical disability or injury that occurs to the parent who pays support. Incarceration is, by itself, usually not considered to be valid grounds for a reduction in child support.

If you believe you qualify for a support reduction, and want to expedite the matter, you should contact a private attorney to assist you in your efforts. Otherwise, you (or the other parent) may contact the HHS Review & Modification office at (800) 831-4573 for further assistance free of charge.

How long does it take to have a support order modified?
Every case is unique, but from the time contact with the HHS Review & Modification office is initiated until the time that the court has a final hearing on a request to modify child support of child support, nine to 12 months may pass. Typically the first three to four months of the time is taken up in the HHS review process. If the case meets a preliminary finding that a modification is appropriate, the request will be transferred by HHS to the local child support office for further review, and the possible filing of a complaint to modify support. Depending upon any delays in obtaining court service of process on the other parent, delays caused by legal motions or court scheduling issues, the modification case should be ready for trial and decision about four to six months after it is filed.

Why can I not call your office directly to discuss my case?
Several years ago Nebraska, like all 50 states, went to a centralized customer call center. This center is staffed by highly trained personnel who are able to immediately answer or assist about 90% of all callers. Most calls are of a “routine” nature, such as checking to see if payments have been credited, wanting to confirm court hearing dates, providing a change of address, employer or phone number. Whenever necessary, the call center will electronically contact a local child support office with a customer concern that needs additional attention. Some of those calls do lead to phone contact between local staff and our customers. By answering 90% of caller questions, the call center frees up valuable time for the local child support workers to perform their duties on an uninterrupted basis, adding to their productivity. It is a “win-win” arrangement for everyone. Call the Child Support Call Center at (877) 631-9973, or the HHS Review & Modification office at (800) 831-4573.

My case is classified as “Interstate” in nature, because I live in a different state from the other parent. Does this mean that I will not be able to get the help I need?
No, definitely not. It is true that interstate cases often take longer to work successfully than cases where everyone still lives locally. About 15-20% of our caseload is interstate. In most of those cases our staff will need to work with other child support offices, sometimes in more than one other state, in order to secure the cooperation necessary to establish a new support order, or enforce an existing order. The extra “hoops” that must be jumped through mean that legal actions do take longer to complete. We have found that many other child support offices are overstretched in terms of personnel and funding, and thus are unable to assist us as quickly as they might like. In addition, sometimes when parents leave one state they move in order to evade their child support orders. Some people become very good at hiding from law enforcement. Fortunately, our tools for finding them continue to get better all the time as well.

What sanctions are used to force parents to pay their child support? Children in grass

Most parents with child support orders pay regularly. Most do so on their own; others need a degree of prompting. Income withholding, civil contempt of court, license suspension, bank account seizure, passport denial, tax refund intercept, and even criminal actions are among the more readily used tools at our disposal to enforce terms of court orders. The simplest, quickest and least expensive enforcement techniques are used first, and often get the results we seek.

I owe child support, but I never get to see my child. Why should I have to pay support when I do not get the parenting time I deserve?
Nebraska law is clear: An obligation to pay child support is completely separate and distinct from the right to exercise parenting time. The failure to obtain court ordered parenting time (sometimes called visitation) does NOT justify the non payment of support. Also, the failure to receive child support does NOT justify a refusal to allow the other parent to exercise their court ordered parenting time. Just as our judges will not tolerate persons who willfully fail to pay their support on time, those same judges will not tolerate parents who refuse to allow the other parent court ordered parenting time with their children. The method of enforcing a problem with parenting time is to take the other parent back to court for allegedly being in contempt of the court order. A private attorney can provide needed expertise to accomplish this task.

What is the age of emancipation in Nebraska?
Emancipation age in Nebraska is presently 19, and child support must be paid until the month and year the child reaches that age. In most other states the age of emancipation is 18. Some states (not Nebraska) allow for support orders to continue beyond the age of the child’s emancipation if the child is still a full time high school student. Look to the language in your support order to see how long your child support is to continue.