CS Modification

dhawg55

New Member
Jurisdiction
Nebraska
I have a cs modification hearing on 10/24, with pretrial memorandums due by 10/10, i have requested financial information via subpoena, but didnt get all the info requested. what other steps can i take to get the best possible outcome while representing myself. Can I subpoena institutions for financial info like fin aid apps for our children .
 
. Can I subpoena institutions for financial info like fin aid apps for our children .

You can't subpoena anything.

The court can issue a subpoena upon your request.

However, you need to know why you're requesting a subpoena.

The fact you're soliciting information regarding a complex legal matter doesn't bode well for you.

You wouldn't attempt to give yourself a root canal, resect a tumor from your brain, should lead you to not represent yourself in complex legal matters.

Yes, you have a right to litigate your legal issues pro se.

That might work for traffic citation.

That might not be wise insofar as a complex divorce is concerned.
 
You can't subpoena anything.

The court can issue a subpoena upon your request.

However, you need to know why you're requesting a subpoena.

The fact you're soliciting information regarding a complex legal matter doesn't bode we'll for you.

You wouldn't attempt to give yourself a root canal, resect a tumor from your brain, should lead you to not represent yourself in complex legal matters.

Yes, you have a right to litigate your legal issues pro se.

That might work for traffic citation.

That might not be wise insofar as a complex divorce is concerned.

I already did subpoena the other party for fin info and got most of what i requested. I was asking how I could do this with institutions for the info they chose not to disclose.

I wouldn't call this complex, considering I've done all the legwork on my own and have gotten the hearing scheduled in front of a referee that solely focuses on Child support issues.
 
I already did subpoena the other party for fin info and got most of what i requested. I was asking how I could do this with institutions for the info they chose not to disclose.

I wouldn't call this complex, considering I've done all the legwork on my own and have gotten the hearing scheduled in front of a referee that solely focuses on Child support issues.

Referee? I divorced in Nebraska and have child support order there. I haven't heard of a referee. Do you mean a mediator? Child support modification should go in front of a judge. I had to go to court to modify the order to relocate my daughter with me.


https://www.acf.hhs.gov/sites/default/files/programs/css/ne_cs_order.pdf

    • When can I ask to have my order changed?
All Nebraska IV-D court orders or foreign orders registered under UIFSA or RURESA in Nebraska are eligible for a review for possible modification of the child support amount and inclusion of health care coverage if the following criteria are met:

    • The order is for current support;
    • The order is an active Nebraska order;
    • Nebraska maintains continuing exclusive jurisdiction under UIFSA or is the proper state to acquire continuing exclusive jurisdiction under UIFSA for the support order;
    • At least one party resides in Nebraska;
    • The location of all parties involved is known;
    • The non-custodial party is not institutionalized or incarcerated;
    • The order is not a tribal order;
    • The youngest child in the order will not reach the age of majority within the next 12 months;
    • The order is not registered for income withholding only; and
    • The order does not require a change in custody to effectuate the modification of support.


An order will not be reviewed by the Department or County/Authorized Attorney if it has not been three years since the present child support obligation was ordered unless:

a. The newly calculated child support and current support obligations vary by the percentage determined by the Nebraska Supreme Court and the variance is due to financial circumstances which have lasted three months and can be reasonably expected to last an additional six months;

b. Health care coverage is available to either party and the child(ren) do not have health care coverage other than the Medical Assistance Program under the Medical Assistance Act;

c. The requesting party demonstrates a substantial change in circumstances that has lasted for at least three months and is expected to last an additional six months;

d. The present child support obligation does not provide for health care coverage; or

e. Such review is required by Title IV-D of the Social Security Act, as amended.



An order may be reviewed one year after the most recent request for review if: the Department's determination after the previous review was not to refer to the County/Authorized Attorney for filing an application for modification because financial circumstances had not lasted for three months or were not expected to last for an additional six months; it has been three years since the present child support obligation was entered; and no exception under 466 NAC 8-002.01 section 1 a through e requires an earlier review.


    • How do I request the change?
A party to a court order may request in writing or by calling the Nebraska Child Support Customer Service Call Center at 1-877-631-9973, option 2. A review of a child support order can be requested by either parent or initiated by the IV-D agency. A review and modification packet is sent to the requesting party (in agency initiated cases the packet is sent to the CP receiving public assistance) to complete and return.
 
The CSEA would have done that for you.


I get the sense, mate, that our OP is on the GIVING end of this deal.

Receivers have little to do, if the state advocates for them.

Givers THINK they have a great deal to do to limit their liability towards the care of the children they've chosen to breed (or adopt) with another person.
 
Back
Top