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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85130
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am looking to lower my child support and alimony. I am currently

Customer Question

I am looking to lower my child support and alimony. I am currently unemployed and have been since Feb 15th of 2010. I have made several attempts to obtain employment but have not been successful. My alimony and child support were based of an income of $17,000 per month. My current income is less than 1800 per month and comes from Kansas Unemployment. Can I lower both my child support and alimony
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

I am sorry for your situation. The answer is yes. Nebraska law allows you to lower your child support/alimony if your circumstances have changed:

Alimony
Good cause for altering alimony provisions in a divorce decree is demonstrated by a material and substantial change of circumstances. An alimony recipient's obtaining employment after the date of the decree is a circumstance that permits the situation of the parties to be reexamined. In dissolution of marriage cases one may in good faith make an occupational change even though that may reduce his ability to meet his financial obligations. Cooper v. Cooper, 219 Neb. 64, 361 N.W.2d 202 (1985).

A material change in circumstances, not within the reasonable contemplation of the parties at the time of the alimony award, and not accomplished by the mere passage of time, may constitute good cause to justify modification of the award. Sholl v. Sholl, 216 Neb. 289, 343 N.W.2d 742 (1984).

Child Support
Material change in circumstances in reference to modification of child support is analogous to modification of alimony for good cause. Morisch v. Morisch, 218 Neb. 412, 355 N.W.2d 784 (1984).

Options
You'd file a petition for modification on both in the court and would have to show material changes to circumstances in form of lessor/no pay, grave illness that prevents/prevented you from employment, new family members to take care of, etc.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.
Customer: replied 2 years ago.
So how would I do that and would I have to appear in court. I do not have a ton of money and well I know I am behind on alimony. I was terminated from my last job have applied for several and sent resume to several dealership. If was able to get a job I would have to take a significant cut in pay. Would you be able to hlep with this?
Expert:  Ely replied 2 years ago.
Hello,

What you'd need to do is to file Petition for Modification with the Court. You can find such a pleading on sites like uslegalforms.com, or www.usalegalresource.com, with the latter also usually providing guidance on how to file. JustAnswer experts cannot draft or file anything for you, I am sorry to say.

You can also try some pro bono services in the state:

http://www.abanet.org/legalservices/probono/directory/nebraska.html

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you seek clarification or more information, I encourage you to use the REPLY button and I’d be more than happy to answer to your satisfaction! Really! There is no fee for follow up questions before or after accepting, should you wish to continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated.

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