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bdaringer · May 27, 2008, 08:53 AM

My husband has been paying child support without complaint for 5yrs now. When the amount was set in court, he was unavailable to be there. I feel that the amount set was a bit inflated due to his absence. He pays the monthly amount and then on top of that amount, he pays 1/2 of her day care and 1/2 of her medical expenses. I thought the set child support had these extra costs already added into the amount? I live in Nebraska and haven't looked into what the laws are without having to pay out of pocket expense for that as well. I also don't have an avenue to go in the small town we live in who deals with this on a daily basis. We had some bad legal advice resulting in his absence in the first court hearing. I hope someone has some advice that will help me understand or send me in a direction of use.

Thanks
bdaringer

ScottGem · May 27, 2008, 08:58 AM

Nebraska Child Support Calculator - AllLaw.com

Check out that link, It has a calculator to estimate what support should be.

But frankly, he sounds like a good dad, who is more concerned with his child's welfare and comfort then what it costs. Why would you want to interfere with that?

bdaringer · May 27, 2008, 09:27 AM

Thanks! Any advice helps. I forgot to mention that we are self employed and have 3 of our own children. His daughter lives 8 hrs away from us and it is difficult to get together. The child support company takes all of our tax return on top of everything else that we pay. We only see his daughter once a year because so far the mother hasn't tried to return my e-mails. I now have her number to call. We just got her for 1 night over Memorial weekend and she told her brother to sware to keep quiet that they were even back. This is the 2nd time she has not let us know they were back. She told her daughter that unless we call, then she won't be able to visit. Sad because the child is only 5 and I "feel" that it's really about the money. I don't want to sound hateful towards the mother, but this is what we are dealing with, there is always going to be something.
bdaringer

ScottGem · May 27, 2008, 09:56 AM

Obviously there is a court ordered support order in place, what about a visitation order? This should have also been set by the court. If one wasn't, then you definitely should go back and get one setup. At 5 she is going to be going to school, but you should be able to get her for one school break and a few weeks during the summer.

cdad · May 27, 2008, 11:53 AM

Another thing that was said by OP that raises red flags. They are withholding tax returns ? They aren't suppose to do that unless he is in arrears. Also if your name is on the tax returns you can file damaged spouse on the returns and you will be entitled to getting your portion. You really need to find out what the real truth is as to what's going on. At a minimum he will be needing to file for custody ( larger share ) and that way she ( the ex ) won't have too much to fuss about because its court ordered. If she playes games with the court ordered visitation then off to court to get her on contempt and possible custody of children.

bdaringer · May 27, 2008, 12:25 PM

Thanks! You all have been helpful. There is always the underlying bits and pieces that I could go into, but you know how tedious that can get. I should check the papers about the custody, right now I'm sure she has full custody, and I think we could change that. Anyway, if there is any other comments or advice or knowledge, I would gladly take it. Oh, and as far as the taxes. I just started working last year, so I did file for injured spouse. I suppose that for us to claim the child every other year we would have to go to court for that too. Sooo, thanks again!
bdaringer