DivorceMag: Nebraska FAQs

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If you RECEIVE spousal support,
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Frequently Asked Questions About Divorce

"What if My Spouse Doesn't Pay Child Support He or She Has Been Ordered to Pay?"

Robert C. Brandt, a Certified Family Law Specialist answers: "Child support orders are effectuated either by way of settlement, which would include a stipulated order, or, as a result of a contested hearing and/or trial in which the Court, after hearing the evidence, enters an order. It is most unfortunate if, after the parties have incurred time, inconvenience and in many cases, escalating fees, all of which result in a Court Order for child support, that the payor either ignores the payment, and/or refuses to make the child support payment in whole or in part. In such situations there are a number of remedies available to the parent who is not being paid in accordance with the Court Orders for child support..."

"Can I still collect child support even if my former spouse lives in a different state?"

John A. Lazor, a Certified Family Law Specialist answers: "Now that you know you can get child support enforced in another state, here's what to do.

If you want to enforce your child support order in another state, you simply contact that Child Support Services Department in the County in which your former spouse resides, and register your child support order with them. They will, in turn, enforce the child support order at no cost to you. Enforcement may include wage assignments, wage garnishments, tax levies, bank account levies, driver's and professional license suspensions, and criminal prosecution..."

"To my ex-husband's credit, he has been regularly making his court-ordered spousal support and child support payments to me for the benefit of our two minor children and myself. Recently, he was diagnosed with pancreatic cancer, and his prospects are poor. In the event of his death, is his estate obligated to maintain those support payments? Is there anything I would need to do in order to ensure that our children and I continue to receive support?"

Howard S. Klein, a Certified Specialist in Estate Planning answers: "The death of a party to a family court proceeding has varying effects upon existing orders for spousal support and child support.

With respect to spousal support (sometimes called alimony), the death of either the supporting party or the supported party terminates an existing spousal support order unless the parties have "otherwise agreed" in writing. However, there may be ambiguity as to what "otherwise agreed" really means. If you learn of the passing of your ex-husband, you should immediately contact your divorce lawyer and have him/her review with you the divorce decree to see whether there is language (or the absence of language) in the court's order that would cause the obligation to continue after your ex's death..."

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