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  1. #1
    Join Date
    Mar 2016

    Default Child Support when Minor Children Are Split Between Parents

    My question involves a child custody case from the State of: Nebraska

    This is no longer an issue now but I just thought of this today and was curious about the legal aspect of it.

    Two weeks before I started college my mom up and left, took my youngest brother with her. She did it while my dad was at work and no one else was at home. Left a note for him that I found and read. I wasn't surprised nor did I care she left at that point. She had been having a long term affair which caused tension and drama for all of us kids most of our lives.

    I was 18 at the time (age of majority in Nebraska is 19), one younger brother was about 15 or 16 and the youngest was 12. The youngest is who she took with her. I believe she filed for divorce. My parents went through the proceedings. My dad had to pay child support for the youngest but my mom never had to pay child support for my other brother or me. (I did not know 19 was age of majority at the time so I never thought of myself in that aspect). There was a paternity test done on her boyfriend and it came back that he is the biological father of my youngest brother. However, she was married to my dad when she gave birth. He raised him until he was 12 when she left. She and her now husband tried to get his name changed but they would have had to get one more paternity test and could not afford it so they waited until he was 18 and convinced him to do it himself. I am not sure if legally paternity was ever established for that guy.

    Once that test came back she did request child support be dropped on my dad and it was and she actually sent back the money he had sent her (very shocking). But I am wondering why she never had to pay for even my younger brother living with my dad. I do not know if she ever even asked for custody of him. I highly doubt it since she really had no concern for the other four of us anyway. Just the youngest and her now husband is her "perfect" family apparently.

    I can ask my dad next time I see him how this all played out but it got me thinking especially after watching Grey's Anatomy and seeing the custody issue they had on that show - and have had discussions about that with people who watch it. It just seems odd to me that my mom would not have had to pay any child support for two children under the age of majority that she did not have custody. With the youngest brother visitation worked out to every other weekend which she screwed with at times.

    As I said we are all adults now but it was just a thought that came up after reading different custody situations on here and wondering how that would play out in court. I know I can ask my dad I just kind of wondered and thought I would post here if anyone had dealt with a similar situation.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Child Support when Minor Children Are Split Between Parents

    When children from a marriage live in separate households, child support will be calculated based upon the split. The number of children and any disparity of income will affect its calculation.

    If there are issues that cause a court to depart from the child support formula, typically statutes require the court to make appropriate findings of fact and to state a basis for the departure on the record.

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