What Nebraska Parents Need to Know About Family Law After the Tyson Plant Closure

The Tyson plant shutdown in Lexington is more than an economic story—it’s a seismic change for thousands of Dawson County families who depend on the plant for steady income. When a layoff hits at this scale, it doesn’t just affect a paycheck. It affects parenting schedules, support calculations, living arrangements, and—most importantly—the stability of the kids caught in the middle.

Parents across Lexington are already asking the same two questions:

“What happens to my child support now?” and

“Do I have to stay here if the jobs are gone?”

Nebraska law allows you to modify child support or request relocation when a “material change in circumstances” occurs. But these changes do not happen automatically, and courts won’t retroactively fix months of unpaid support. The families who fare best are the ones who prepare early, document everything, and act before arrears or emergency motions hit.

This guide explains how Nebraska courts treat mass layoffs under the Child Support Guidelines, what Farnsworth relocation analysis looks like in the real world, and how to protect your financial stability without putting your parenting rights at risk.

How Job Loss Affects Nebraska Child Support (and When You Can Modify It)

A layoff of this magnitude will almost certainly qualify as a material change in circumstances, but that doesn’t stop your obligation. Your existing order stays active—and enforceable—until a court signs a new one. Stopping payments without a modification leads to arrears, interest, and enforcement that the court cannot undo later.

The “3-Month/6-Month” Rule—And the Part That Trips Parents Up

Nebraska’s Child Support Guidelines generally require that a change in income must:

• Have lasted three months, and

• Be expected to last another six months, and

• Change the support amount by at least 10% and $25.

Here’s the trap:

Parents sometimes think they have to wait three months to meet with a lawyer. That’s how arrears build.

The court may need the timeline before entering a final order—but you should prepare the modification immediately. Filing early protects you from months of unmanageable debt and shows the court you acted responsibly instead of going silent.

Unemployment Garnishment: The Pain Point No One Expects

Nebraska treats unemployment benefits as income for child support. If you have an active order, the Department of Labor can—and usually will—garnish part of your unemployment check automatically.

This is one of the biggest reasons to get ahead of a modification. Waiting can put you behind even while you’re still paying.

Can I Stop Paying Child Support While I Look for Work?

No—not unless a court says so. You can, however, request a temporary modification while you job-hunt or retrain.

When reviewing your request, a Nebraska judge will look closely at your earning capacity:

• If you’re applying for jobs, working with Nebraska Workforce Development, and documenting your search, a temporary reduction is often realistic.

• If you’re not applying for work—or turning down reasonable offers—the court can “impute” income and calculate support as if you were still earning your old wage.

Mass layoffs work in your favor, but they don’t excuse inactivity. Documentation is everything.

What If I Need to Move for Work? (The Nebraska Relocation Rule)

With a major employer leaving, many parents may consider moving to Grand Island, Lincoln, Omaha, or out of state to find comparable employment. But moving your child is legally complex.

Most Nebraska custody orders restrict relocation outside a certain distance or across state lines unless:

• The other parent consents in writing, or

• A judge approves the move.

Nebraska follows the Farnsworth two-step relocation test:

1. Legitimate Reason to Move

A plant closure and better job opportunities elsewhere almost always satisfy this prong.

2. Is the Move in the Child’s Best Interests?

This is where the case is decided. Courts consider:

• How the move affects the child’s relationship with both parents.

• Quality of schools, housing, and community resources in the new location.

• Whether the move improves the child’s stability—not just the parent’s.

• Whether the parent is relocating to limit the other parent’s parenting time.

Important:

Do not sign a lease or enroll your child in a new school until you’ve spoken with an attorney. Moving without permission can trigger emergency motions or a court order requiring you to bring the child back.

What You Should Do Right Now

If you’re a Tyson employee or dependent spouse/co-parent, take these steps immediately to protect both your finances and your legal standing.

Document Everything

Termination letters, severance details, unemployment approvals, job-search logs—keep all of it. This becomes the backbone of your modification case.

Review Your Parenting Plan

Most orders include relocation radius rules and notice requirements. Know them before making big decisions.

Don’t Rely on Verbal Agreements

Even if your co-parent agrees to “hold off on support for a while,” that agreement is not enforceable. The state will keep collecting unless the court approves a written stipulation.

Talk to a Lawyer Before Arrears Start

A quick consultation often reveals whether you meet the 10% variance or if you need a temporary adjustment to prevent default.

FAQ: Quick Answers for Lexington Parents Facing Job Loss

Can severance count as income for child support?

Yes. Courts usually treat severance as income. Support may not drop until after the severance period ends.

What if I move to a cheaper state?

Nebraska keeps jurisdiction over the child until the court authorizes relocation. You must follow Nebraska law first.

Can I represent myself?

You can—but modifications involving imputed income and relocation are technical. One misstep can lock in a support amount you can’t realistically pay.

Where do I get help finding work?

Nebraska Workforce Development offers unemployment assistance, retraining programs, and job search resources. These records also strengthen your legal case.

Can I pause support if my co-parent agrees?

Not safely. Private agreements don’t change your court order. You must file a stipulation to make it binding.

Will courts consider emotional impact on my kids?

Absolutely. Nebraska’s best-interests standard requires judges to look at a child’s overall stability, mental health, school performance, and community ties.

Are there local meetings about the Tyson closure?

Yes. Lexington schools and community groups have already begun coordinating job, financial, and family support resources. Staying connected can help you navigate both the economic and legal fallout.