Nebraska Divorce Orders Aren’t Forever: Modifying Custody, Child Support, & Alimony

Has your life taken an unexpected turn since your Nebraska divorce? If your divorce orders feel like they’re from another lifetime, you’re not alone. What once made sense for custody, child support, or alimony may now be completely unworkable. The good news? Divorce orders in Nebraska aren’t carved in stone. You can seek a modification when your life—and your family’s needs—change in meaningful ways.

Whether you’re dealing with a custody schedule that no longer fits your child’s routine, child support that no longer reflects your finances, or spousal support that’s just not aligned with reality anymore, Nebraska courts give you the chance to fix that. But—there’s a catch. It takes more than frustration or inconvenience. You need to show that something real and substantial has shifted since your original orders were put in place.

What Counts as a “Material and Substantial Change”?

The Nebraska courts use this phrase as a kind of legal threshold. It means something important has changed—enough that, if the court had known about it back then, it probably would’ve ruled differently.

Some common examples:

• A parent moves out of state or far enough that the current parenting plan no longer works.

• One parent stops following the custody schedule, or a child’s needs change significantly (think: mental health diagnosis, learning differences, or a shift in school schedules).

• A major change in income (job loss, promotion, disability, retirement).

• A child’s expenses increase due to medical, educational, or developmental needs.

• The alimony recipient is now cohabitating or has had a meaningful change in financial circumstances.

• Parenting time has shifted substantially since the original order—especially if it’s been that way for a while.

These aren’t just technicalities. They’re real-life events that affect your family, your finances, and your sense of stability. And the law gives you a way to address them.

Modifying Custody in Nebraska

When it comes to parenting plans, Nebraska courts always ask: What’s in the best interest of the child? That’s the north star. If the current custody arrangement no longer meets your child’s emotional, academic, or developmental needs, or if the other parent isn’t holding up their end of the agreement, a modification might be appropriate. Maybe your child’s thriving with you during the school year and struggling with transitions. Maybe you’ve been handling most of the parenting for months. The court wants to see stability and good outcomes—and if your current plan isn’t supporting that, it’s worth revisiting.

Child Support Modifications

Nebraska child support orders are based on income and time spent with each parent. If either of those changes, the support amount might need to change too. You can request a modification if the change would alter the support obligation by more than 10%, and the new circumstances are expected to last at least three months.

Let’s say you’re the paying parent and you’ve had your hours cut significantly. Or maybe your ex got a new job with a higher salary, and you’re still paying the same amount you were five years ago. Or maybe your parenting time has increased to 50/50 but the support arrangement hasn’t caught up. All of these can be good reasons to modify support.

Alimony (Spousal Support) Modifications

Alimony is meant to help balance financial disparities after divorce—but if life changes significantly, so can the amount or duration. You can request a modification if your original order allows for it (check if it’s “modifiable” or “non-modifiable”). Common reasons include:

• Involuntary job loss or reduced income.

• Retirement or disability.

• The receiving party now living with a new partner and sharing expenses.

Don’t assume just because you agreed to something years ago that you’re stuck with it forever. If it no longer reflects your reality, it’s worth asking whether it can be updated.

What Happens If You Don’t Modify?

This part matters: failing to modify an outdated order doesn’t make the problem go away. If you stop paying support or ignore a parenting plan that no longer works, you could end up facing legal consequences—like wage garnishment, contempt of court, or enforcement actions. Even if your ex agrees that the current setup isn’t working, you still need a court-approved change. Otherwise, the old order remains legally binding.

How to Start a Modification in Nebraska

To request a change, you’ll need to file a complaint to modify in the same court where your divorce was finalized. If your ex agrees to the change, you can submit a signed stipulation and potentially avoid a drawn-out court process. If they don’t agree, it may require mediation or even a hearing—but you can still make your case.

Either way, it’s smart to have someone in your corner who understands the law, the system, and how to advocate for you.

Ready to Take the Next Step?

Don’t keep trying to make outdated court orders fit a life that no longer looks the same. The sooner you address these changes, the better it is for your stability, your finances, and your peace of mind.

Let’s make sure your legal orders reflect your current reality—not the version of life that existed when your divorce was finalized.

Call my office at 402-259-0059 or email me at zach@zandersonlaw.com to set up a confidential consultation. I’ll help you figure out if you qualify for a modification and how to move forward—clearly, strategically, and without unnecessary stress.