Review and Modification Unit
Request for Review
Request for Review

The purpose of the review is to determine if the court order should be referred for possible modification or to include health care coverage. Either party subject to a child support order may request a review of their order by the Review and Modification Unit. In the review, the income of both parties will be used to calculate the amount of support that should be paid by the non-custodial party according to the Nebraska Child Support Guidelines.

If the new amount of support varies from the current amount by 10 percent or more, but not less than $25.00, upward or downward, we will refer the order to the county/authorized attorney for a possible modification. The difference must be based on financial circumstances that have lasted at least three months and are expected to last six more months.

If it is determined by the review that either party's financial circumstances have not lasted at least three months and cannot reasonably be expected to last for an additional six months, we may decide that a referral to the county/authorized attorney would not be appropriate at this time. You may ask us to review the order again after one year.

The court order will be reviewed for referral to the county/authorized attorney if the following criteria are met:

  • The order is for current support;
  • The order is an active Nebraska order;
  • The order is not a tribal order;
  • The order is not an order registered for income withholding only;
  • At least one party resides in Nebraska;
  • The courts of Nebraska have the legal authority to modify the support order;
  • The non-custodial party is not institutionalized or incarcerated;
  • The current order for support is at least three years old;
  • The order has not been reviewed by the Department in the last three years;
    • An order may be reviewed after one year if it was not referred for a modification because financial circumstances had not lasted for at least 3 months and were not expected to last for an additional 6 months;
  • The youngest child in the order will not turn 19 within the next 12 months;
  • The location of all parties involved is known;
  • The request does not include a request to modify spousal support, custody or visitation; and
  • All requested information has been provided.

You will need to mail the items listed on the check list below. You may also submit your documentation via email to dhhs.cserm@nebraska.gov or by fax to (402) 742-8371.

If you are unable to locate your last two years of tax returns, you can request them by calling 1-800-829-1040. This is a voicemail system and you will need to choose the option that allows you to speak to a customer service representative. Request an IRS Tax Return Transcript and state the tax years you need completed on the transcript. The transcript will be mailed to you.

After your financial information has been received, the other party will be sent a questionnaire and be required to provide their financial information. Any financial information provided may be shared with the other parties to the case or the court, and the county/authorized attorney for enforcement purposes.

The other party will be notified that you have requested a review of the court order. When the review is completed, we will notify each party of the review results. After the results are issued, you may not withdraw your request for review. If either party disagrees with the results, a reconsideration may be requested.

If the Review and Modification Unit decides that a referral for modification is appropriate, we will forward the case to the county/authorized attorney for possible modification. The child support amount could go up, down, or remain the same. Please be advised that the Nebraska Department of Health and Human Services, Review and Modification Unit, can only consider the financial information available at the time of the review. There are certain factors that the Court may consider when computing your child support amount that could change the final child support order. For example, the Court may consider other children living with the non-custodial party when computing the child support amount. In addition, financial circumstances may change between the time of the review and the Court hearing that may increase or decrease the final amount of child support ordered.

If the child support order is modified to change the amount of support or to include health care coverage, the county/authorized attorney will establish income withholding against the party required to pay support pursuant to Nebraska Revised Statutes Section §§ 43-1701 to 43-1743.

The county/authorized attorney is employed by or under contract with the Nebraska Department of Health and Human Services and is not the legal representative of either party, and therefore, there is no privilege of confidentiality to either party that would have otherwise existed as a result of an attorney-client relationship.

The county/authorized attorney is working solely for the State or County, pursuant to Nebraska Revised Statutes Sections §43-512.03 et seq., and will not handle custody or visitation issues.

A separate Review Questionnaire and Request for Review/Statement of Understanding must be completed for each court case you want reviewed.

A copy of the original court order, all modification(s) and all guideline calculations, including the Property Settlement Agreement if applicable, will need to be submitted. These documents can be obtained from the Clerk of the District Court where the order is filed. The Clerk may charge a fee to make a copy of the order(s).

The Nebraska Child Support Guidelines are available on the internet at https://supremecourt.nebraska.gov/supreme-court-rules/chapter-4-children-families/article-2-child-support-guidelines You may also request a copy of the guidelines by calling our office at the telephone number listed below.

We will process the request as quickly as possible; however, the review and modification process may take as long as six months.

If you have any questions about the review and modification process, please contact the Review and Modification Unit at (402) 471-1400, or (in Nebraska) 1-800-831-4573. The hours of operation are 8:00 A.M. to 5:00 P.M. Central Standard Time Monday through Friday except government holidays.

REVIEW AND MODIFICATION
CHECK LIST

In order to process your request for Review and Modification, in addition to your completed application which you access by clicking on the "Continue" button below, the following information will need to be mailed to:

Nebraska Health and Human Services System
Review and Modification Unit
P O Box 94728
Lincoln NE 68509-94728

You may also submit your documentation via email to dhhs.cserm@nebraska.gov or by fax to (402) 742-8371.


















 
 
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