Monday, March 24, 2014

NEBRASKA Part 63

MODIFICATION OF A DECREE

Modification simply means change. You can ask the Judge to change things that were ordered in your first divorce Decree. However, before the Judge will do this, you must prove that something has changed. You cannot ask the Judge to change the Decree just because you did not like what was ordered the first time.

Nebraska law says that before a Decree is modified, one parent must show that there has been a "material change in circumstances" since the Decree was entered. For example, say you want more child support. Inflation has made it more costly for you to take care of your children. This is one fact you can show to the Judge. But you probably will need more. You could show that your spouse is making more money now than he or she was at the time of the divorce, or perhaps, you are making less.

Whenever you feel that something in your Decree should be changed, think about how you can show the Judge that things have changed. Then talk with your lawyer.

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