Dads have Rights Too

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A father’s right to a fair child support payment

On Behalf of | May 2, 2019 | Fathers' Rights

In the discussion about an Omaha, Nebraska father’s rights, one point that can easily get lost is the right of a father to have a child support obligation that is both fair to his child and to him.

In other words, while dads should provide for their child’s needs by contributing a portion of their income to the child’s support, this legal obligation should not have the effect of either enriching the child’s mother or leaving the man in a financial hardship.

To make sure child support orders are fair and uniform, Nebraska courts rely on guidelines that help them calculate child support objectively and according to an established formula.

However, what was once a fair child support payment under these Guidelines can quickly become unfair should a man’s circumstances change. For instance, if he involuntarily loses a high-paying job and has to take a position that pays a lot less, a support order that was once do-able can quickly become a significant burden.

Fortunately, Nebraska law allows men to ask a court for modification to their child support orders. In fact, the law allows courts to presume that a modification is warranted when, due to a change in financial circumstances, the amount of support Nebraska’s Guidelines would require changes, one way or the other, by at least 10 percent and by at least $25.

In order for circumstances to count as a change, they must have already lasted three months and be reasonably expected to last another six months. The parties are still free to argue that such circumstances should not count as a material change warranting a child support modification.

Having a reasonable child support order is among the fathers’ rights about which Nebraska men should be aware. Nebraska dads can defend this important right with the help of an experienced family law attorney.