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What is a Child Support Abatement?

What is a Child Support Abatement?

The Nebraska Child Support Guidelines provide for adjustments in child support if the parent paying support has 28 days of parenting time or more in any 90-day period. This is known as a child support abatement. Adjustments to a parent’s child support obligation can also be made if that parent’s parenting time substantially exceeds an alternating weekend schedule.

An example of when an abatement would be appropriate could look like this:

Mother has physical custody of the parents’ two children. Father pays child support to Mother. Father has routine parenting time every other weekend and one overnight per week. During the children’s summer vacation from school, Father has six weeks of uninterrupted parenting with the children. Within a 90-day period in the summer, Father has more than 28 days of parenting time. Father may request that his child support obligation be abated during the weeks in the summer when he has custody of the children.

If you are the payor of child support, you may request that a percentage of your child support obligation be abated (or decreased) during the period of time where you exercise exclusive possession of your children. If the judge finds you are entitled to a reduction, you will need to take action to ensure that your child support records reflect the abatement.

If you are the payee of child support, you too will want to ensure your child support records are accurate. If your co-parent seeks a an abatement to which you do not believe he or she is entitled, you need to take proactive steps to contest the abatement.

Your family law attorneys at Koenig│Dunne can review your parenting plan and determine whether you or your co-parent is entitled to an abatement. We will walk you through the procedural steps and give you what you need in order to guarantee that your abatement is accurately reflected with the Nebraska Child Support Payment Center.

Lindsay Belmont