Modifications of a Decree or Court Order

Under certain circumstances, a decree or order entered by a court for divorce, legal separation, paternity, or custody may be modified. Matters which are ordinarily considered for modification include:

  • Child support and related financial matters
  • Child custody and parenting time
  • Alimony or spousal support

Under Nebraska law, a “material change of circumstances” is required before a court will consider modifying the terms of a court order. Examples of a material change of circumstances include:

  • A substantial change in the income of either of the parties which was not anticipated
  • Abuse or neglect of a child by a parent
  • One parent seeks to remove a child from the Nebraska. See Removal from Jurisdiction.
  • A mutual decision by the parties that a change to the order is needed

For modifications relating to custody or parenting time, it is also necessary to prove that the change would be in the “best interests” of the child.

If you think that a modification of your decree or parenting plan is needed, Contact our office to schedule a consultation with one of our experienced attorneys to advise you regarding Nebraska law as it relates to your potential modification case, discuss the evidence required to support a successful outcome, assess the potential strengths and weaknesses of your case, and counsel you for how to prepare for any future modification actions.