What is the effect of disability on a child support order?

In Nebraska, disability can have a major effect on a child support order. The Nebraska Supreme Court has ruled that a parent’s inability to pay due to disability must be taken into account when calculating an appropriate child support order. This does not mean that a disabled parent is automatically excused from making payments, but suggests that the court should take into account any financial hardships that a disability may cause. To determine a fair child support order, the court may take into account any relevant disability-related needs, such as medical and other treatment costs, that the disabled parent may incur. The court may also account for any extra expenses the parent may have, such as those related to accessibility or special equipment. In some cases, the court may decide that the disabled parent’s income should be reduced due to their disability and that they should not be held responsible for paying back child support. Additionally, the court may choose to modify a current child support order if the disability has caused a substantial change in the parent’s financial situation. The court may also choose to modify an order if the child’s needs have changed due to the disability or if the parent’s disability has left the child with additional needs that the parent is unable to meet. Ultimately, any decision the court makes in regards to a child support order involving a disabled parent will be made on a case-by-case basis. The court will carefully consider the needs of both the child and the disabled parent in order to arrive at a fair and reasonable decision.

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