Child Support Termination

Child Support Termination

Introduction

For use when:

  • child is 19 years
  • child has married
  • child has died
  • child has been emancipated by court order

Filing to Request Termination of a Child Support Order can be complicated in some instances.  Although it is up to you to decide whether and how you use a lawyer in your request, the law does allow you to request a termination of a child support order without a lawyer.  Another option is to hire a lawyer to do only part of your case.  This is called Limited Scope Representation.  To find out more about Limited Scope Representation click on this link, or here http://nefindalawyer.com/.

When this Pleading is Used 

This procedure may be used to terminate child support for any one of the following reasons: the child has reached the age of 19 years, the child has married, the child has died, or the child has been emancipated by court order. Termination of child support is automatic if the prior pleadings in the case accurately state the child’s age and date of birth, and this form should not be used. If the reason for terminating child support is because the child has reached 19 years of age and the court documents do not accurately state the child’s date of birth, you must attach a certified copy of the child’s birth certificate.

If the reason for terminating child support is because the child has married, you must attach a certified copy of the marriage license and certificate of marriage.

If the reason for terminating child support is because the child has died, you must attach a certified copy of the death certificate.

Certified copies of certificates of marriage, death and birth are available through the Department of Health and Human Services (402-471-2871) at the following website: http://dhhs.ne.gov/Pages/Vital-Records-Service-Options.aspx

If you check the box that states the child has been emancipated by a court order, you must attach a certified copy of the court order declaring the child emancipated. You can get a certified copy of the order of emancipation from the clerk of the court where the emancipation order was entered. The cost for a certified copy of a court record is generally under $5.00, depending on the number of pages.

PLEASE NOTE that you cannot use this form or procedure to have the child declared emancipated. This procedure is to be used only in a situation where another court has already declared the child emancipated.

If the person receiving the child support (Obligee) agrees that the child support should be terminated, that person can sign the form entitled Waiver of Notice on Termination of Child Support. This form should be filed with the clerk of the court’s office at the same time the Application and Affidavit to Obtain Termination of Child Support is filed. If the person receiving the child support is not willing or able to sign the Waiver of Notice, the clerk will send notice to the person receiving child support at the address you provided in the Application. You will be asked to pay the clerk or sheriff to deliver (serve) the court notice.

If no objection is filed within 30 days after the date notice was mailed to the person receiving child support or that person signs the Waiver of Notice on Termination of Child Support, the court may sign the Order Terminating Child Support without holding a hearing. If an objection is filed within 30 days, the court will notify the parties that a hearing will be held.

The clerk of the court will send a copy of the Application and Affidavit to Obtain Termination of Child Support to the person receiving the child support at the address you have provided in the Application. The clerk may also send notice of the Application to the Department of Health and Human Services if there is an active assignment of child support.

Forms and Filing

Forms

Filing the forms

You must take with you to the clerk of the district court where the child support order was issued the following:

  • Application and Affidavit to Obtain Termination of Child Support (DC 6:2)
  • Waiver of Notice on Termination of Child Support (IF signed by person receiving child support) (DC 6:2.1)
  • Proposed Order Terminating Child Support (DC 6:2.2)