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Child Support Enforcement - Sarpy County Nebraska

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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 />

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