How Does Paternity and Child Support Work in Nebraska?

Understanding Paternity in Nebraska: Establishing Legal Fatherhood

Establishing paternity, or legal fatherhood, is a crucial first step in many family law cases in Nebraska. It provides the child with legal rights and benefits, and grants the father certain parental rights. This process is essential for determining child support, custody, and visitation arrangements.

How to Establish Paternity in Nebraska

There are several ways to establish paternity in Nebraska:

• ✔️ Affidavit of Paternity: If both parents agree on the father's identity, they can sign an Affidavit of Paternity at the hospital when the child is born or later at the Nebraska Department of Health and Human Services (DHHS). This affidavit has the same legal effect as a court order establishing paternity.
• ✔️ Genetic Testing: If there's uncertainty or disagreement about the father's identity, genetic testing (DNA testing) can be used to determine paternity. The DHHS or a court can order genetic testing.
• ✔️ Court Order: If the mother and alleged father disagree, or if one party is uncooperative, a court order is required to establish paternity. A paternity action can be filed in court to request genetic testing and a determination of paternity.

⚖️ The Importance of Establishing Paternity

Establishing paternity offers numerous benefits for the child:

• ✔️ Legal Identity: The child has a legal father, which provides a sense of identity and belonging.
• ✔️ Financial Support: The father can be legally obligated to provide child support, ensuring the child's financial needs are met.
• ✔️ Access to Father's Benefits: The child may be eligible for benefits through the father, such as Social Security, inheritance rights, and health insurance.
• ✔️ Medical History: Access to the father's medical history can be important for the child's health care.
• ✔️ Parental Rights: The father gains the right to seek custody and visitation with the child.

Navigating Child Support in Nebraska: Ensuring Your Child's Well-being

Child support in Nebraska is designed to ensure that both parents contribute to the financial needs of their child(ren) following a separation or divorce. Nebraska uses a specific formula to calculate child support obligations, taking into account various factors.

Calculating Child Support in Nebraska: The Income Shares Model

Nebraska employs the "income shares" model to determine child support. This model estimates the amount of support the parents would have provided if they were living together as a family unit. The total support amount is then divided between the parents based on their respective incomes. Here are the key factors involved in the calculation:

• ✔️ Gross Income: This includes income from all sources, such as wages, salaries, self-employment income, bonuses, and investment income. Certain deductions are allowed, such as taxes, mandatory retirement contributions, and health insurance premiums for the parent.
• ✔️ Number of Children: The number of children the support order covers directly impacts the basic support obligation.
• ✔️ Health Insurance Costs: The cost of health insurance premiums for the child(ren) is factored into the calculation.
• ✔️ Child Care Costs: Work-related child care expenses are also considered.
• ✔️ Extraordinary Medical Expenses: Significant medical expenses not covered by insurance can be factored in.
• ✔️ Parenting Time: While Nebraska doesn't have a specific "parenting time adjustment" in its guidelines like some states, the amount of time each parent spends with the child can indirectly influence the calculation, particularly when considering expenses like child care.

Important Note: The Nebraska Supreme Court provides child support guidelines worksheets. These worksheets are essential for accurately calculating child support. You can find them on the Nebraska Judicial Branch website. It's highly recommended to use these worksheets or consult with an attorney to ensure accurate calculations.

Deviations from the Guidelines

While the Nebraska child support guidelines are generally followed, a court can deviate from them if it finds that applying the guidelines would be unjust or inappropriate in a particular case. Factors that might justify a deviation include:

• ✔️ Extraordinary needs of the child: A child with special medical or educational needs may warrant a higher support amount.
• ✔️ High income of the obligor: In cases where the paying parent has a very high income, the guidelines may not adequately address the child's needs.
• ✔️ Agreement of the parties: If both parents agree to a different support amount and the court finds it to be in the child's best interest, a deviation may be approved.

Modifying Child Support Orders

Child support orders are not set in stone. They can be modified if there is a "material change in circumstances" that warrants a modification. Common reasons for seeking a modification include:

• ✔️ Change in Income: A significant increase or decrease in either parent's income can justify a modification.
• ✔️ Change in Child Care Costs: Changes in the cost of child care can also warrant a modification.
• ✔️ Change in Health Insurance Costs: Significant changes in health insurance premiums can be a basis for modification.
• ✔️ Change in Parenting Time: While not directly factored in Nebraska Guidelines, substantial changes in parenting time may warrant a review if related expenses (like childcare) are also impacted.

To modify a child support order, you must file a motion with the court. It's important to note that modifications are not retroactive; they typically take effect from the date the motion is filed.

Child Custody and Visitation in Nebraska: Prioritizing the Child's Best Interests

When parents separate or divorce, determining child custody and visitation arrangements is paramount. In Nebraska, the primary focus is always on the best interests of the child. The court will consider various factors to determine what custody arrangement is most suitable for the child's well-being.

Types of Custody in Nebraska

Nebraska law recognizes two main types of custody:

• ✔️ Legal Custody: This refers to the right and responsibility to make important decisions about the child's upbringing, including education, healthcare, and religious training. Legal custody can be awarded to one parent (sole legal custody) or shared by both parents (joint legal custody). Joint legal custody is generally favored in Nebraska, unless there is evidence that it would not be in the child's best interests.
• ✔️ Physical Custody: This refers to where the child lives primarily. Like legal custody, physical custody can be awarded to one parent (sole physical custody) or shared by both parents (joint physical custody). Even if one parent has sole physical custody, the other parent will typically have visitation rights.

Factors Considered in Determining Custody

Nebraska courts consider a wide range of factors when determining custody and visitation. These factors are outlined in Nebraska Revised Statute § 42-364 and include:

• ✔️ The child's wishes: If the child is of sufficient age and maturity to express a preference, the court will consider their wishes, although the child's preference is not the sole determining factor. The older the child, the more weight the court will give to their preference.
• ✔️ The general health, welfare, and social behavior of the child: This encompasses the child's overall well-being, including their physical and emotional health, their relationships with family and friends, and their academic performance.
• ✔️ The relationship of the child with each parent: The court will assess the quality of the relationship between the child and each parent, including the level of involvement, affection, and support provided.
• ✔️ Each parent's ability to provide a stable and loving environment for the child: The court will consider each parent's ability to provide a safe, nurturing, and consistent environment for the child, including factors such as housing, employment, and financial stability.
• ✔️ Each parent's moral fitness: While not the primary focus, the court may consider a parent's moral character if it directly impacts the child's well-being.
• ✔️ The mental and physical health of each parent: A parent's mental or physical health can be a factor if it affects their ability to care for the child.
• ✔️ The child's adjustment to their home, school, and community: The court will consider how well the child is adjusting to their current living situation, school, and social environment.
• ✔️ Evidence of domestic violence or abuse: Any evidence of domestic violence or abuse by either parent is a serious concern and will be carefully considered by the court.
• ✔️ The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child: The court will look favorably upon a parent who supports the child's relationship with the other parent.

Visitation Schedules

If one parent has sole physical custody, the other parent will typically be granted visitation rights. The specific visitation schedule will vary depending on the circumstances of the case and the child's needs. Common visitation schedules include:

• ✔️ Alternating weekends: The non-custodial parent has visitation every other weekend.
• ✔️ Midweek visits: The non-custodial parent has visitation for a few hours one evening during the week.
• ✔️ Holiday visitation: Holidays are typically divided between the parents.
• ✔️ Summer visitation: The non-custodial parent has extended visitation during the summer months.

The court can also order supervised visitation if there are concerns about the child's safety or well-being during unsupervised visits. Supervised visitation involves a third party being present during the visits to ensure the child's safety.

Relocation

If a parent with physical custody wants to move a significant distance away, it may be necessary to obtain permission from the court, especially if it will significantly impact the other parent's visitation rights. Nebraska law requires the relocating parent to provide notice to the other parent and the court. The court will then determine whether the relocation is in the child's best interests.

Claims in Family Law Cases

Besides establishing paternity, determining child support, and outlining custody, there are many claims which you may need to be aware of, for example:

• ✔️ Property Division: In a divorce, Nebraska is an equitable distribution state, which means marital property is divided fairly and equitably, though not necessarily equally.
• ✔️ Alimony (Spousal Support): Alimony may be awarded in some divorces, depending on factors like the length of the marriage, the earning capacity of each spouse, and the contributions each spouse made to the marriage.
• ✔️ Protection Orders: In cases involving domestic violence, a party can seek a protection order to ensure their safety and the safety of their children.

Strategies for Success in Nebraska Family Law Cases

Navigating family law matters can be emotionally challenging. Here are some strategies to help you achieve the best possible outcome:

• ✔️ Consult with an Experienced Nebraska Family Law Attorney: An attorney can advise you on your rights and obligations, help you navigate the legal process, and represent you in court.
• ✔️ Gather and Organize Documentation: Collect all relevant documents, such as financial records, medical records, and school records.
• ✔️ Communicate Effectively: If possible, try to communicate with the other parent in a respectful and constructive manner.
• ✔️ Prioritize Your Child's Best Interests: Always keep your child's best interests at the forefront of your decisions.
• ✔️ Be Prepared to Negotiate: Settlement is often possible in family law cases, so be prepared to negotiate with the other party.
• ✔️ Be Honest and Forthright with the Court: Honesty and transparency are essential when dealing with the court.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.