Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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deviation creates a rebuttable presumption of a material change in circumstances<br />
justifying a modification.<br />
Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (2004)<br />
The paramount concern and question in determining child support, whether in the<br />
initial marital dissolution action or in the proceedings for modification of decree, is<br />
the best interests of the child.<br />
Grahovac v. Grahovac, 12 Neb. App. 585, 680 N.W.2d 616 (2004)<br />
(Voluntary Wastage)<br />
It is well established that a “material change in circumstances” in modification of<br />
child support cases is analogous to the “good cause” standard articulated for<br />
modification of alimony. See also Pope v. Pope, 251 Neb. 773, 559 N.W.2d 192<br />
(1997)<br />
Non-custodial parent who lost high paying job due to alcoholism does not qualify for<br />
reduction in alimony or child support due to voluntary wastage of his talents.<br />
Grange v. Grange, 15 Neb. App. 297, 725 N.W.2d 823 (2006 – <strong>Sarpy</strong> Co.)<br />
A material change in circumstances means the occurrence of something which,<br />
had it been known to the dissolution court at the time of the initial decree, would<br />
have persuaded the court to decree differently. Heistand v. Heistand, 267 Neb.<br />
300, 673 N.W.2d 541 (2004).<br />
We bear in mind that the definition refers to “circumstances” in the plural form; …<br />
Where…the party seeking modification advances multiple reasons for modification,<br />
we consider all of the facts and circumstances raised by the evidence to determine<br />
whether there has been a material change.<br />
[The custodial parent] contends that the district court correctly granted summary<br />
judgment as to modification of child support, because the miscalculation at the time<br />
of the last modification does not constitute a material change in circumstances. In<br />
the absence of proof of new facts and circumstances arising since the time of the<br />
original decree, an allowance of child support therein will be deemed res judicata.<br />
Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)<br />
A party who seeks to have a prior child support order modified can prove that a<br />
modification is warranted simply by a showing of the conditions described in<br />
paragraph Q [now § 4-217] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines.<br />
Absent a clearly articulated justification, any deviation from the <strong>Nebraska</strong> <strong>Child</strong><br />
<strong>Support</strong> Guidelines is an abuse of discretion.<br />
In determining child support, a court’s findings regarding an individual’s level of<br />
income should not be based on the inclusion of income that is entirely speculative in<br />
nature.<br />
Changes in the financial position of the parent obligated to pay support often<br />
warrant a modification of the support order.<br />
Regarding child support, increased financial obligations, like decreased income,<br />
will qualify as a change in one’s financial position. … As a result, if (the NCP) is<br />
ever forced to pay for daycare and his income is reduced below the poverty<br />
line as a result, (he) may seek a modification of the court’s child support<br />
order.<br />
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