Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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In the initial determination of child support, earning capacity may be used where<br />
evidence is presented that the parent is capable of realizing such capacity through<br />
reasonable effort.<br />
The party seeking the modification has the burden to produce sufficient proof that a<br />
material change of circumstances has occurred that warrants a modification.<br />
For a court to modify child support, the material change of circumstances must exist<br />
at the time of the modification trial.<br />
Temporary unemployment is not a material change of circumstances.<br />
Crawford v. Crawford, 263 Neb. 37, 263 Neb. 37 (2002)<br />
Modification of a dissolution decree and the amount of child support are matters<br />
entrusted to the trial court’s discretion, and although the issue on appeal is reviewed<br />
de novo on the record, the decision of the trial court will be affirmed absent an<br />
abuse of discretion<br />
The party requesting a deviation from the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines<br />
based upon an obligation to support offspring of a subsequent relationship bears<br />
the burden of providing evidence regarding the obligation, including the income of<br />
the other parent of the child or children of the subsequent relationship<br />
In considering whether to deviate from the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines<br />
based on an order of support for a subsequent child, the trial court must have<br />
before it the calculations and any worksheets used to determine the child support<br />
order for the subsequent child.<br />
Double Dipping – If (the obligor in a modification action) was able to use his original<br />
support obligation to decrease the amount of his subsequent support obligation to<br />
(his later born child), it would be inequitable to allow him to turn around and use that<br />
subsequent award as the basis for decreasing the original obligation. It would not be<br />
in the best interests of the children to permit (the obligor) to effectively “play one<br />
family against the other” in order to decrease his child support obligation to both.<br />
Erica J. v. Dewitt, 265 Neb. 728, 659 N.W.2d 315 (2003)<br />
Facts: District court modified child support, but did not do so retro to the date of the filing of the<br />
complaint to modify. State appealed, arguing that the court should have back dated the upward<br />
modification. Held: District court acted within its discretion in not back dating modification.<br />
[T]he delays (in bringing the modification action to trial) do not appear to be the fault<br />
of any one individual. We conclude that the district court’s determination to make the<br />
increase retroactive to the first day of the month of the hearing before the<br />
referee…was not an abuse of discretion, and we therefore affirm that portion of<br />
the court’s judgment.<br />
Ferry v. Ferry, 201 Neb. 595, 271 N.W.2d 450 (1978)<br />
Where an award for child support is made in one amount for each succeeding<br />
month for more than one child, it will be presumed to continue in force for the full<br />
amount until the youngest child reaches his majority. The proper remedy, if this be<br />
deemed unjust, is to seek a modification of the decree in the court which entered it<br />
on the basis of the changed circumstances.<br />
Gammel v. Gammel, 259 Neb. 738, 612 N.W.2d 207 (2000)<br />
Citing Rule Q [now § 4-217] of the child support guidelines, stating that a 10% or<br />
greater deviation from the guidelines will justify a modification. A 10% or greater<br />
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