Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Simpson v. Simpson, 275 Neb. 152, 744 N.W.2d 710 (2008)<br />
Paragraph D [now § 4-204] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines defines total<br />
monthly income as income “derived from all sources, except all means-tested public<br />
assistance benefits which includes any earned income tax credit and payments<br />
received for children of prior marriages.” The guidelines are very specific — all<br />
income from all sources is to be included except for those incomes specifically<br />
excluded. Not excluded under the guidelines is compensation meant to offset a<br />
spouse’s increased cost of living while residing in a different locale. We conclude,<br />
therefore, that … expatriate compensation is income for purposes of support<br />
calculations.<br />
But…<br />
Under the facts of this case, we cannot say that the district court abused its<br />
discretion when it determined that Robert’s expatriate compensation is not<br />
reasonably available for child support payments.<br />
State o/b/o Joseph F. v. Rial, 251 Neb. 1, 554 N.W.2d 769 (1996)<br />
It is appropriate to consider overtime wages in setting child support if the overtime<br />
is a regular part of the employment and the employee can actually expect to<br />
regularly earn a certain amount of income for working overtime.<br />
Stuczynski v. Stuczynski, 238 Neb. 368, 471 N.W.2d 122 (1991)<br />
A party obligated to furnish child support is not required to undertake two separate<br />
employments when the party has one full-time job. A spouse with a full-time job,<br />
which job also furnishes substantial overtime,<br />
may not be required to work at a second job to<br />
furnish child support.<br />
Deviations are permissible under circumstances<br />
enumerated in the guidelines, including,<br />
“whenever the application of the guidelines in<br />
an individual case would be unjust or<br />
inappropriate.” <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong><br />
Guidelines, § 4-203 (E).<br />
speculative income that the husband employee<br />
has no control over should not be considered<br />
for purposes of setting child support<br />
Income Withholding/ Employer Services<br />
Automatic income withholding was the best development in the child support world since the<br />
founding of the Republic. More child support is collected via income withholding orders than all<br />
other forms of enforcement combined! Over the years it has lost the stigma of being evidence<br />
of a deadbeat parent. Since 1993 income withholding has generally been required in ALL<br />
<strong>Nebraska</strong> child support cases, unless the court explicitly finds grounds not to require it. Of<br />
course income withholding does not work when the obligated parent is self employed, and it<br />
may not work perfectly when the obligated parent has only part-time employment. Still, it is<br />
worth its weight in gold. Cited below are some of the more important statutes on the subject.<br />
A helpful federal link for employers, explaining the income withholding forms in detail, can be<br />
found at: www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm<br />
- 95 -