The common belief among many parents is that child support ends automatically when a child turns 18. This is true in some instances in Nebraska, but not always. The law is a little more complicated when the child in question is still a high school student or in cases where special circumstances prevent the child from becoming independent. A Lincoln child support lawyer from Stange Law Firm, PC, can help you understand child support in Nebraska.
If you pay or receive child support in Lincoln, NE, knowing the rules about when support ends, when it can continue past 18, and how to modify an order properly can prevent frustration, missed payments, and unexpected legal problems.
The General Rule in Nebraska
Child support payments under Nebraska law extend until a child turns 19 years old and remains a minor according to state regulations. This is because Nebraska is one of a handful of states where the age of majority for child support purposes is 19. This means that, in general, support does not end on a child’s 18th birthday.
The state has received $15.7 million in child support over the past 10 years from recipients of its welfare program, known as Aid to Dependent Children. As of right now, a single parent with one child who is eligible for Aid to Dependent Children assistance may receive up to $464 per month. However, the average is closer to $240 a month.
What if the Child Is 18 and Still in High School?
If a child is 18 years old and still in high school full-time, child support typically continues until one of the following events occurs:
- The child turns 19.
- The child graduates.
- The child drops out of high school.
The event that happens first will typically be the date on which support ends. Parents should look at the language of the court order, as the order controls when support ends.
Does Child Support Automatically Stop?
Child support does not necessarily end automatically. Just because a child reaches the age of majority or meets some other condition that should end support does not mean that child support automatically ends. In many cases, the paying parent will need to take affirmative legal action to stop the order or to modify it, or the support will continue.
If support does not end automatically, the parent could find themselves subject to wage withholding or enforcement even though the child is not entitled to support any longer.
How Support Relates to Children With Disabilities
In limited circumstances, child support may continue after a child reaches the normal age limit. If the child has a physical or mental disability that prevents them from being self-supporting, the court can order continued support. These situations are very fact-specific and require a high level of proof. A family law attorney can help a parent or guardian determine if this type of extended support is an option.
How Support Relates to College Expenses
In general, Nebraska does not require a parent to pay for a child’s college expenses through child support. In fact, unlike many states, Nebraska law does not allow the court to require parents to pay for a child’s post-secondary educational costs unless the parents both voluntarily agree or if it is part of a court-approved written agreement. However, many parents will continue to pay for college expenses outside of the child support system.
Modifying or Stopping Child Support
In most cases, a parent must file a motion with the court to properly end child support or to modify the order to a lower amount. The court will then review the facts and circumstances and issue an order if it is appropriate to do so. If a parent attempts to simply stop payments without a court order, they risk being ordered to pay any missed support as arrears, incurring penalties, or being subject to enforcement actions even if the parent believes that support should have ended.
About Stange Law Firm, PC
Our family law attorneys at Stange Law Firm, PC, help clients in Lincoln with all child support and family law matters, including cases filed in Lancaster County District Court in Lincoln, NE. Since 2007, our multi-state law firm has exclusively handled divorce and family law matters, and we help clients with even the most complex family legal issues with the assistance they need.
FAQs
Q: Do I Need to File Paperwork to Stop Child Support Payments?
A: Frequently, yes. Even when a child reaches an age where support should terminate, support payments may still be made unless the order is formally modified or terminated. Wage withholding and enforcement measures may remain in place until the order is modified by the court. Filing the proper motion ensures payments will cease at the appropriate time.
Q: Can Child Support Extend Past Age 19 in Nebraska?
A: Child support may continue past age 19 in rare circumstances. This usually occurs if a child has a physical or mental disability that prevents them from being self-supporting. The courts consider these cases individually and may require medical evidence or other information before ordering support. If this is necessary for your situation, an attorney can help you gather the evidence you need.
Q: What if I Have More Than One Child on the Support Order?
A: If a child support order covers more than one child, the amount of the payment does not automatically adjust when one child ages out of child support. Normally, the parent must request a modification, and the court can recalculate support for the remaining minor children. The original order may continue to be enforced if not modified.
Q: What Happens if I Stop Paying Child Support Without a Court Order?
A: Terminating or modifying a support order without a court order can have negative consequences. Support that is not paid may be defined as arrearages and could lead to garnishments from wages and tax refunds, or other enforcement methods. Secure a court order before stopping payments, regardless of your belief that support should have terminated.
Contact Stange Law Firm, PC, Today
If you have questions about child support orders or need a modification, Stange Law Firm, PC, can help you understand your rights and responsibilities. Contact us today for a consultation.