PETITION TO MODIFY CHILD SUPPORT

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NEBRASKA

Case No. [CASE NUMBER]

[PLAINTIFF_FULL_NAME],
  Petitioner,

v.

[DEFENDANT_FULL_NAME],
  Respondent.

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
  A. Jurisdiction & Venue
  B. Existing Child Support Order
  C. Material Change in Circumstances
  D. Recalculated Support Obligation
  E. Prospective Wage Withholding
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
  A. Verification & Acknowledgment
  B. Certificate of Service

I. DOCUMENT HEADER

1. Title. Petition to Modify Child Support (the “Petition”).
2. Parties.
   a. “[Petitioner]” means [PLAINTIFF_FULL_NAME], whose address is [PETITIONER_ADDRESS].
   b. “[Respondent]” means [DEFENDANT_FULL_NAME], whose address is [RESPONDENT_ADDRESS].
3. Effective Date. This Petition is deemed filed on the date the Clerk of the District Court stamp-files the document (the “Filing Date”).
4. Jurisdiction. This action is governed by Nebraska Revised Statutes § 42-364 et seq. and the Nebraska Child Support Guidelines, Neb. Ct. R. § 4-201 et seq.

[// GUIDANCE: Insert clerk’s time-stamp block in the top-right corner consistent with local practice.]

II. DEFINITIONS

For purposes of this Petition, capitalized terms have the meanings set forth below (definitions apply throughout unless expressly modified):

“Child(ren)”
 The minor child(ren) of the parties: [CHILD 1 INITIALS] (DOB [DATE]), [CHILD 2 INITIALS] (DOB [DATE]), and any additional minor child(ren) listed in Schedule 1.

“Current Order”
 The child support order entered on [DATE] in Case No. [PRIOR CASE NUMBER] (the “Original Proceeding”).

“Guidelines”
 The Nebraska Child Support Guidelines codified at Neb. Ct. R. § 4-201 et seq.

“Material Change”
 A change in circumstances satisfying Neb. Ct. R. § 4-217(A) (i.e., a variation in support of 10 % or more, continuing for 3 months and expected to last 6 months, not due solely to Child(ren)’s age).

“Net Monthly Income”
 Gross monthly income minus permissible deductions under Guidelines § 4-203.

“Obligee”
 The party entitled to receive child support under any modified order.

“Obligor”
 The party required to pay child support under any modified order.

III. OPERATIVE PROVISIONS

A. Jurisdiction & Venue

1. The Court has continuing, exclusive jurisdiction over child support pursuant to Neb. Rev. Stat. § 42-364.
2. Venue is proper in [COUNTY] County because the Original Proceeding was heard here and the Child(ren) reside(s) within the county.

B. Existing Child Support Order

1. The Current Order requires Respondent/Petitioner (circle one) to pay $[AMOUNT] per month in child support, allocated $[ALLOCATION] to each Child, commencing [DATE].
2. Income withholding is/ is not currently in effect.

C. Material Change in Circumstances

1. Since entry of the Current Order, a Material Change has occurred, specifically:
   a. Substantial increase/decrease in [Petitioner/Respondent]’s income.
   b. Change in cost of health insurance for the Child(ren).
   c. Change in childcare expenses.
   d. Other: [DESCRIBE].
2. The change results in at least a 10 % variance between the Current Order and recalculated obligation under the Guidelines, satisfying Neb. Ct. R. § 4-217.

D. Recalculated Support Obligation

1. Income figures:

2. Applying Worksheet 1 attached hereto as Exhibit A, the presumptive monthly support is $[NEW SUPPORT].
3. Deviation. The parties request / do not request a deviation for the following reason(s) permitted under Guidelines § 4-203(F): [EXPLAIN OR “Not Applicable”].

E. Prospective Wage Withholding

1. Pursuant to Neb. Rev. Stat. § 42-364.15 and Neb. Ct. R. § 4-218, the Obligor’s employer shall withhold support from earnings effective the first pay period after service of the Income Withholding Order.
2. Should the employer change, Obligor must provide new employer information to the Clerk and to the State Disbursement Unit within ten (10) days.

[// GUIDANCE: Attach the state-approved Income Withholding Order form as a separate pleading if required by local rule.]

IV. REPRESENTATIONS & WARRANTIES

1. Accuracy. Each party certifies that the financial information provided in Exhibit A is true, complete, and correct to the best of that party’s knowledge and belief under penalty of perjury.
2. Residency. Each party has been a bona fide resident of Nebraska for at least one (1) year immediately preceding the Filing Date or is subject to the Court’s continuing jurisdiction from the Original Proceeding.
3. No Pending Adoption. The Child(ren) are not the subject of any pending adoption proceeding.
4. No Prior Modifications. No prior modification action concerning the Current Order is presently pending except as disclosed herein.

V. COVENANTS & RESTRICTIONS

1. Continuing Disclosure. Each party shall exchange updated income documentation (pay stubs, tax returns, and proof of health insurance premiums) annually by April 15 or within thirty (30) days of a written request from the other party.
2. Notice of Material Change. A party experiencing a Material Change must provide written notice to the other party within thirty (30) days.
3. Health Insurance. The party ordered to maintain health insurance for the Child(ren) shall provide proof of coverage within thirty (30) days of the Court’s order and upon each policy renewal.

VI. DEFAULT & REMEDIES

1. Event of Default. Failure to make any child support payment in full within ten (10) days of its due date constitutes a default.
2. Cure Period. The defaulting party shall have ten (10) days after written notice to cure before additional remedies accrue.
3. Remedies. Upon uncured default, the Court may:
   a. Enter judgment for arrears plus statutory interest;
   b. Order contempt proceedings pursuant to Neb. Rev. Stat. § 42-358;
   c. Intercept state and federal tax refunds;
   d. Suspend occupational or driver’s licenses;
   e. Any other relief deemed just and equitable.
4. Fees & Costs. The defaulting party shall pay the reasonable attorney’s fees and court costs incurred to enforce the modified order.

VII. RISK ALLOCATION

Indemnification and limitation-of-liability concepts are inapposite to child-support matters; accordingly, this Section is intentionally omitted.

VIII. DISPUTE RESOLUTION

1. Governing Law. This matter shall be resolved under the domestic-relations laws of the State of Nebraska, without regard to conflict-of-laws principles.
2. Forum Selection. Exclusive forum is the District Court of [COUNTY] County, Nebraska (family division, if applicable).
3. Arbitration. Family-law matters concerning child support are non-arbitrable under Nebraska public policy and Neb. Rev. Stat. § 25-2602.01(2).
4. Jury Waiver. Jury trial is unavailable in child-support proceedings.
5. Injunctive Relief. Wage withholding constitutes the primary injunctive enforcement mechanism authorized under Neb. Rev. Stat. § 42-364.15.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Any amendment to the modified order must be in a writing signed by a judge of competent jurisdiction; informal agreements are unenforceable.
2. Assignment. Rights to receive child support may be assigned only to the Nebraska Department of Health and Human Services as permitted by law.
3. Severability. If any provision herein is held invalid, the remaining provisions remain enforceable to the extent consistent with law and the best interests of the Child(ren).
4. Integration. Upon entry of the modified order, it supersedes the Current Order in its entirety except as expressly incorporated herein.
5. Electronic Signatures. Signatures executed via the Nebraska Judicial Branch–approved electronic filing system carry the same force and effect as original signatures.

X. EXECUTION BLOCK

A. Verification & Acknowledgment

text
I, [PLAINTIFF_FULL_NAME/DEFENDANT_FULL_NAME], being first duly sworn, state under oath that I have read the foregoing Petition to Modify Child Support, know the contents thereof, and that the statements are true and correct to the best of my knowledge, information, and belief.

_____ Date: _____
[NAME], [Petitioner/Respondent]

Subscribed and sworn before me on this _ day of _, 20____.

Notary Public
[// GUIDANCE: Nebraska requires verification under oath for pleadings containing factual assertions. Confirm local notary block language.]

B. Certificate of Service

text
I certify that on __, 20__, I served a true and correct copy of this Petition to Modify Child Support by ☐ personal service ☐ certified U.S. Mail ☐ state e-filing system (select one) upon:

[NAME AND ADDRESS OF OPPOSING PARTY OR COUNSEL]

[NAME], [Petitioner/Respondent] (Pro se) / Attorney for [Party]

EXHIBIT A – Child Support Worksheet(s)

(Attach Worksheets 1–5 as required under the Nebraska Child Support Guidelines.)

[// GUIDANCE:
1. Use the Nebraska Supreme Court–approved worksheet templates; attach most recent pay stubs and prior-year tax returns as supporting exhibits.
2. Double-check that all percentages and dollar amounts roll through the worksheet formulas.
3. File a separate “Praecipe” if local practice requires issuance of summons for modification actions.
4. Pay the current filing fee and complete the Confidential Party Information form (DC 6:5(1)).
5. Serve the Nebraska Department of Health and Human Services if public assistance is involved.
]