Child Support Enforcement - Sarpy County Nebraska

Sears v. Larson, 259 Neb. 760, 612 N.W.2d 474 (2000)
Paragraph C (5) [now § 4-203 (E)] of the guidelines allows a trial court in an
appropriate case to deviate from the guidelines to allow a deduction from income
based on a parent’s student loan payment. [§4-203] of the guidelines provides that
the guidelines shall be applied as a rebuttable presumption. However, pursuant to
[§4-203 (E)], deviations from the guidelines are permissible “whenever the
application of the guidelines in an individual case would be unjust or inappropriate.”
Smith-Helstrom v. Yonker, 249 Neb. 449, 544 N.W.2d 93 (1996)
The proper amount of child support is determined not necessarily by a parent’s
earnings, but by a parent’s earning capacity.
Sneckenberg v. Sneckenberg, 9 Neb. App. 609, 616 N.W.2d 68 (2000)
[A]n upward revision of the guidelines constitutes a material change of
circumstances that can warrant upward modification of a parent’s child support
obligation, independent of changes in that parent’s income.
Snyder v. Chandler, No. A-00-460 (Not designated for permanent publication, 2001)
[§ 4-218] prohibits the setting of child support payments which will reduce a parent’s net
monthly income below a certain amount and further provides that the $50 minimum
payment provided for in [§ 4-209] is permissive and within the trial court’s discretion. See
Neb. Rev. Stat. §49-802(1)
State v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994)
Facts: Mother got pregnant out of wedlock in 1976. Child born in 1977 and had little contact
with bio father. Mother did not want bio father in the child’s life. Nearly thirteen years later
mother went on state assistance and state filed paternity action. Father shown to be bio dad
and trial court sets support in strict compliance with child support guidelines, giving no
consideration to the fact that father was supporting his family of 5 on just his paychecks. Held:
strict compliance with child support guidelines would be inequitable under the facts of this case.
… the support ordered by the court in this case gives no consideration at all to the
present children, we find that the trial court abused its discretion in not first
determining that, under the particular facts of this case, the strict application of the
guidelines would be unjust or inappropriate, as set out in the Nebraska Child
Support Guidelines, paragraph C(5).
State on Behalf of Martinez v. Martinez-Ibarra, 281 Neb. 547, 797 N.W.2d 222 (May
2011)
The child support guidelines do not allow for a deduction on Worksheet #1 for cash
medical support. But see changes to the guidelines effective Sept. 1, 2011, that do!
The requirement that the custodial parent pay the first $480 of nonreimbursed
medical expenses per year does not serve to reduce the amount of cash medical
support ordered.
Stuczynski v. Stuczynski, 238 Neb. 368, 471 N.W.2d 122 (1991)
The child support guidelines set out a rebuttable presumption of a fair and equitable
child support order.
Wilkins v. Wilkins, 269 Neb. 937, 697 N.W.2d 280 (2005)
The twists and turns in the facts of this case are far too long to repeat here.
- 86 -