Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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8. The current order for support is at least three years old;<br />
9. The order has not been reviewed by <strong>Child</strong> <strong>Support</strong> <strong>Enforcement</strong> in the last three years,<br />
except:<br />
a. an order may be reviewed after one year if it was not referred for a modification because of<br />
financial circumstances lasting for the time period stated in 466 NAC 8-007, number 1; or<br />
b. the requesting party demonstrates a substantial change in financial circumstances that has<br />
lasted for the time period stated in 466 NAC 8-007, number 1.<br />
10. The youngest child in the order will not emancipate within the next 12 months;<br />
11. The location of all parties involved is known; and<br />
12. The order does not require a change in custody to effectuate the modification of support.<br />
Brewer v. Brewer, 244 Neb. 731, 509 N.W.2d 10 (1993)<br />
a request to credit Social Security benefits is a request for a change in only the<br />
source of payment, paid on behalf of the employee, and therefore does not require a<br />
modification hearing, but, rather, only an opportunity for the custodial parent to<br />
adduce evidence of any inequity that might occur as the result of crediting those<br />
benefits to court-ordered child support.<br />
Brodrick v. Baumgarten, 19 Neb. App. 228, ___ N.W.2d ____ (Sept. 2011)<br />
Facts: parties modify their support order and indicate the new support amount is an upward<br />
deviation from the guidelines. Five months later dad files to modify support back to what the<br />
guidelines would have set it at ($0). District court finds a material change in financial<br />
circumstances despite the fact the parents’ incomes are exactly the same.<br />
Held: No modification is warranted. Parties cannot use a prior deviation from the guidelines as<br />
THE grounds to re-modify to a support amount with no deviation when nothing else changes.<br />
A party seeking to modify a child support order must show a material change in<br />
circumstances which (1) occurred subsequent to the entry of the original decree or<br />
previous modification and (2) was not contemplated when the decree was entered.<br />
Among the factors to be considered in determining whether a material change of<br />
circumstances has occurred are (1) changes in the financial position of the parent<br />
obligated to pay support, (2) the needs of the children for whom support is paid, (3)<br />
good or bad faith motive of an obligated parent in sustaining a reduction in income,<br />
and (4) whether the change is temporary or permanent.<br />
Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001)<br />
There is no precise mathematical formula for calculating child support when subsequent<br />
children are involved.<br />
The calculation is left to the discretion of the court as long as the court considered<br />
the obligations to both families and the income of the other parent of the subsequent<br />
children.<br />
The party requesting a deviation from the guidelines based upon an obligation to<br />
support offspring of a subsequent relationship bears the burden of providing<br />
evidence regarding the obligation, including the income of the other parent of the<br />
child or children of the subsequent relationship.<br />
Claborn v. Claborn, 267 Neb. 201, 673 N.W.2d 533 (2004)<br />
A divorce decree does not require a parent to remaining the same employment, and<br />
child support may be calculated based on actual income when a career change is<br />
made in good faith.<br />
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