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Child Support Enforcement - Sarpy County Nebraska

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The federal government provides Social Security to special needs children with the<br />

intent that it will supplement other income, not substitute for it.<br />

Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)<br />

The age of majority is a “nonmodifiable” provision of a support order when a<br />

responding state is modifying a support order issued in another state. See, also,<br />

Unif. Interstate Family <strong>Support</strong> Act, § 611<br />

Hall v. Hall, 238 Neb. 686, 472 N.W.2d 217 (1991)<br />

We hold that a tax dependency exemption is nearly identical in nature to an award<br />

of child support or alimony and is thus capable of being modified as an order of<br />

support.<br />

Harb v. Harb, 209 Neb. 875, 312 N.W.2d 279 (1981)<br />

When a change of circumstances is proven calling for a modification of child support<br />

payments, said modification is to be determined under the same factors applied in<br />

an original establishment of support payments, including the cost to the noncustodial<br />

parent of exercising reasonable visitation rights.<br />

Hartman v. Hartman, 261 Neb. 359, 622 N.W.2d 871 (2001)<br />

Kramer v. Kramer, A-05-499, 15 Neb. App. 518 (2007)<br />

Lambert v. Lambert; 9 Neb. App. 661, 617 N.W.2d 645 (2000)<br />

A party seeking to modify a child support order must show a material change in<br />

circumstances which has occurred subsequent to the entry of the original decree<br />

or a previous modification and was not contemplated when the prior order was<br />

entered.<br />

Incontro v. Jacobs, 277 Neb. 275, 761 N.W.2d 551 (2009)<br />

<strong>Child</strong> support orders are always subject to review and modification.<br />

A decree awarding child support will not be modified because of a change of<br />

circumstances which was in the contemplation of the parties at the time the original<br />

or preceding order was made, but only those anticipated changes which were<br />

specifically noted on the record at the time the previous order was entered will<br />

prevent modification.<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 />

Courts may consider various factors to determine whether a material change of<br />

circumstances has occurred. Among the factors to be considered are (1) changes in<br />

the financial position of the parent obligated to pay support, (2) the needs of the<br />

children for whom support is paid, (3) good or bad faith motive of the obligated<br />

parent in sustaining a reduction in income, and (4) whether the change is temporary<br />

or permanent.<br />

The paramount concern in child support cases, whether in the original proceeding or<br />

subsequent modification, remains the best interests of the child.<br />

If applicable, earning capacity may be considered in lieu of a parent’s actual,<br />

present income and may include factors such as work history, education,<br />

occupational skills, and job opportunities. Earning capacity is not limited to wageearning<br />

capacity, but includes moneys available from all sources.<br />

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