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Possibly. An incarcerated individual may seek a modification of his/her child support order if certain qualifications are met. To determine if your case is eligible, contact the Nebraska Child Support Customer Call Center at (402) 441-8715 or (877) 631-9973 (toll free).
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You may hire a private attorney to pursue modification, you may apply for a modification through the State of Nebraska, or you may file pro se. If you apply for a review through the State, your initial application may be submitted through the Review and Modification Unit of the Nebraska Department of Health and Human Services website.
You may also consult the Supreme Court of Nebraska website for information and self-help forms to file a modification on your own, without the assistance of an attorney.
Our office will conduct an independent review of the case and incomes, based upon information available at the time of the review. Two things must be true for the State to proceed with filing a Complaint to Modify the obligation: 1) There has been a substantial and material change in circumstances that has lasted for at least three months and can reasonably be expected to last for an additional six months (e.g., a parent is newly incarcerated, is no longer incarcerated, or has a new job with substantially higher pay); and 2) an application of the Nebraska Child Support Guidelines varies from the current Order by more than 10% but not less than $25 of the current child support obligation. An example would be a parent with a current obligation of $50, and the Guidelines call for an increase to $60. Since that’s more than 10% but less than $25, the State would not file a Complaint to Modify.
If we determine a substantial and material change in circumstances has not occurred and/or that variation form the guidelines is insufficient to warrant modification, we will notify you by letter that we will not proceed.
Contact the Nebraska Child Support Customer Call Center at (402) 441-8715 or (877) 631-9973 (toll free).
No, under current law you do not have a right to court appointed counsel for modification cases.