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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
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Experience:  Divorce, custody and child support attorney.
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In Nebraska, where child support payments end when child supported

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In Nebraska, where child support payments end when child supported turns 19, does that mean the monthly rate is prorated? For example, if I am getting $500 a month, will it stop exactly on the child's birthday (midmonth), or will the child support be through the end of the month of the child's birth, regardless what day of the month it falls on. Trying to budget if full monthly amount will be coming to me, or a partial amount. I am hoping you can direct me to a statute as, in my experience anyway, represerntatives by phone will not give definitive ansswers and customer service I'm feeling is not their forte. Maybe they have to much of a workload. But everyone has always treated me respectfully XXXXX XXXXX I return where I am given direct answers, straightforward, with respect.
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 4 years ago.
Pursuant to Nebraska statute (Neb. Rev. Stat. 42-371.01), child support ends on the child's birthday - so that is the actual date and the amount that should be paid is prorated from the full month's amount. So if the child's birthday is XXXXX 15th, you would be paid for 15 of 30 days or 1/2 the month ($250).

Hope this helps.

§ 42-371.01. Duty to pay child support; termination, when; procedure; State Court Administrator; duties

(1) An obligor's duty to pay child support for a child terminates when (a) the child reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is emancipated by a court of competent jurisdiction, unless the court order for child support specifically extends child support after such circumstances.

(2) The termination of child support does not relieve the obligor from the duty to pay any unpaid child support obligations owed or in arrears.

(3) The obligor may provide written application for termination of a child support order when the child being supported reaches nineteen years of age, marries, dies, or is otherwise emancipated. The application shall be filed with the clerk of the district court where child support was ordered. A certified copy of the birth certificate, marriage license, death certificate, or court order of emancipation or an abstract of marriage as defined in section 71-601.01 shall accompany the application for termination of the child support. The clerk of the district court shall send notice of the filing of the child support termination application to the last-known address of the obligee. The notice shall inform the obligee that if he or she does not file a written objection within thirty days after the date the notice was mailed, child support may be terminated without further notice. The court shall terminate child support if no written objection has been filed within thirty days after the date the clerk's notice to the obligee was mailed, the forms and procedures have been complied with, and the court believes that a hearing on the matter is not required.

(4) The State Court Administrator shall develop uniform procedures and forms to be used to terminate child support.

Customer: replied 4 years ago.

This is why I keep coming here! thanks so much. May I ask you a couple follow up questions to make sure I understand. (1) what grounds would I have to object to child support ending (the divorce decree states at age 19)? (2) Am I required to provide the child's other parent with the child's address until such date as child is 19? She's going off to college in August, her birthday is XXXXX November and I am planning to move out of state in November. (3) must I delay my move until after all child support is collected?

 

For our older children, I don't remember an application coming my way to respond to, could their father apply for termination other ways besides the ones you so quickly and clearly provided ). could it be that the birthdates on that accounting database online has already verified their birth certificates?

 

thanks again for making legal questions so much more pleasant to explore, not wedged in between work day pressures. I am most grateful for your great guidance.

Expert:  Lawyer Lori replied 4 years ago.
1) unfortunately, Nebraska has no statute requiring child support to continue through college, so there really are no grounds to amend the divorce decree. 2) unless your divorce decree requires that you provide a physical address to the non-custodial parent, you are not obligated to provide that address; however, the other parent may file a contempt motion seeking to compel you to disclose her location. 3) Unless there is an order forbidding you to move out of state, you may move at any time. If there is a prohibition in the order, you can simply file a motion to amend/relocate.

You may not have received a termination application if the birth date is on the court computer, it is now mostly an automatic process.

I'm glad that you benefit from our services.
Customer: replied 4 years ago.

You mean I can move prior to our last child turning 19, and am not obligated to provide the father the address where the child for whom I still receive (since permanent address on college info is my now address and will be my new address, as she will remain dependent for tax purposes)? I am not required either to give college address for months Aug - Nov or my address, as child's permanent address on college info, during the time the support is being paid to me?

 

I appreciate your patience with the clarifications, I don't often get a chance to clarify so specifically, it usually takes so long to sink in, don't think of the question until new information is given to me. Being able to see it in writing like this is so much more digestable and understandable to those of us without law degrees.

Expert:  Lawyer Lori replied 4 years ago.
While you can probably get away with not giving him your new address or the child's college address, if he is claiming her on his tax form, he will most likely request it. In order for him to force you to give it to him, he would need to file a contempt motion. If he files, the court would order you to give him one of the addresses unless domestic violence was an issue. You may provide him with just her college address and leave yours out of it, since he is only entitled to visitation with her and not you. But where/how are the support checks getting to you - through the state system? If so, not a problem.

I see no reason for you to give him your new address even though your daughter is using it as her permanent address.
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience: Divorce, custody and child support attorney.
Lawyer Lori and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
I am confused, I don't have to notify her father, even though we have joint custody/ And charges I made of domestic violence during custody proceedings (after we were separated) the court dismissed for evidence for the one police intevened incident, it was reduced to disturbing the peace. And that was 10 years ago. And also he doesn't claim the children as dependents. I took all those exemptions. Can I continue to claim my daughter as a dependent if I am in another state and she doesn't spend semesters breaks and summers with me as it will be really the way for her to get to get to me and she doesn't care for the man I am moving in with and plan to marry.
Expert:  Lawyer Lori replied 4 years ago.
First, I misunderstood about the tax (I read it as he was claiming). Yes, you can continue to claim your daughter as a dependent even if she does not live with you - as long as she is eligible and you are providing support to her.

Also, I was not aware that you have joint custody - so you would have to keep him informed of where she is living (college address) until she is 19.
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience: Divorce, custody and child support attorney.
Lawyer Lori and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
What constitutes support? her tuition and housing are covered by scholarship and, due to distance, probably will not be spending college breaks in my home. So do things like paying for her cell phone, providing health insurance indicate dependent status for her and me to be able to claim her? are there other criteria? is there an IRS publication on this issue that you are aware of? thanks again for your thoroughness and patience clarifying various points and walking me through this. If I do end up consulting an attorney, I will be way ahead on what I need to ask, thanks to your help here.
Expert:  Lawyer Lori replied 4 years ago.
That should be enough to claim her as your dependent. Go to this IRS website for more answers: http://www.irs.gov/faqs/index.html.

You're very welcome.
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2156
Experience: Divorce, custody and child support attorney.
Lawyer Lori and other Family Law Specialists are ready to help you

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