Child Support Enforcement - Sarpy County Nebraska

income, is to be considered in determining the amount of child support to be paid by
a parent.
Shiers v. Shiers, 240 Neb. 856, 485 N.W.2d 574 (1992)
There is statutory and judicial authority for considering a parent’s net earning
capacity rather than his or her actual net income in determining child support. See,
Neb.Rev.Stat. § 42-364(6), Ristow v. Ristow, 152 Neb. 615, 41 N.W.2d 924 (1950).
Simpson v. Simpson, 275 Neb. 152, 744 N.W.2d 410 (2008)
After determining that expatriate compensation IS income for purposes of calculating a
child support award….
Under the facts of this case [where the NCP lived abroad and had much higher living
expenses than he would have if he lived in the U.S.], we cannot say that the district
court abused its discretion when it determined that [the obligated parent’s]
expatriate compensation is not reasonably available for child support payments.
State on Behalf of Kayla T. v. Risinger, 273 Neb. 694, 731 N.W.2d 892 (2007)
Facts: Dad learned of unmarried Mom’s pregnancy, but had no contact with child for 17 years,
until state filed paternity action. Dad admitted paternity but did not want to have to pay
$60,000+ in retro support for 17 years, citing mother’s promise not to come after him for support
in return for him staying away from his child. Held: Dad must pay the retro support.
A private agreement between parents that would deprive a child of support from one
parent contravenes the public policy of this state.
[B]ecause the right to support belonged to [the child], any agreement made or
actions taken by [the mother] would not be the basis for equitable estoppel in this
paternity and child support action brought by the State on the child’s behalf.
Welch v. Welch, Jr., 246 Neb. 435, 519 N.W.2d 262 (1994)
The power of a court to suspend child support should be exercised only as a last
resort or where it is apparent that to do so affords the only remedy that can
reasonably be expected to fit the mischief.
A court may suspend child support payments when the custodial parent deprives
the noncustodial parent of visitation and there is no showing that the children are
in need.
Wood v. Wood, 266 Neb. 580, 667 N.W.2d 235 (2003)
Although this section does not permit a district court in a dissolution action to order
child support beyond the age of majority, the district court has the authority to
enforce the terms of an approved settlement which may include an agreement to
support a child beyond the age of majority.
Choice of Law – UIFSA
A good discussion on the issue of Choice of Law under UIFSA is had in the case of
Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)
Once Nebraska assumes continuing, exclusive jurisdiction and becomes the issuing
state under § 42-746, the substantive law of Nebraska governs the nature, extent,
amount and duration of current payments and other obligations of support.
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