Child Support Enforcement - Sarpy County Nebraska

A party seeking to modify child support must show a material change in
circumstances which has occurred subsequent to the entry of the original order or
previous modification and was not contemplated when the most recent support
order was entered.
Among the factors to be considered in determining whether a material change in
circumstances has occurred are changes in the financial position of the obligor
parent, the needs of the children, good or bad faith motive of the obligor parent in
sustaining a reduction in income, and whether the change is temporary or
permanent.
The paramount concern and question in determining child support is the best
interests of the child.
Murphy v. Murphy, 17 Neb. App. 279 (2008)
Facts: Father was employed for $70,000 a year at time of divorce. He was also on
disciplinary probation and “skating on thin ice” at that time. Within a year he got into more
trouble at work and resigned his job in the face of being fired. He could not find other
employment paying more than $35,000 per year, so filed to modify his child support and
alimony. The District court sided with father, but the Court of Appeals reversed.
Matthew was clearly involved in “employee misconduct”. [A] request to modify
child support will be denied if the change in financial circumstances is due to fault or
voluntary wastage or dissipation of one’s talents and assets. … We reverse and
vacate the district court’s downward modification of Matthew’s child support and
alimony obligation on the ground of Matthew’s reduced earnings.
Noonan v. Noonan, 261 Neb. 552, 624 N.W.2d 314 (2001);
Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003)
Modification of child support payments is entrusted to the trial court’s discretion, and
although, on appeal, the issue is reviewed de novo on the record, the decision of the
trial court will be affirmed absent an abuse of discretion.
The rule, absent equities to the contrary, should generally be that the modification
of a child support order should be applied retroactively to the first day of the
month following the filing date of the application for modification.
Pearson v. Pearson, 285 Neb. 686, ___ N.W.2d ___ (April 2013)
Facts: Mom remarried and wanted to move to Alaska with the kids. The District Court allowed
her to, but in return canceled Dad’s child support obligation. No work sheet was attached.
Held: A worksheet must be attached, showing how the trial court reached the conclusion that
travel/visitation expenses equaled what the Dad would have paid in support.
“the record on appeal from an order imposing or modifying child support shall
include any applicable worksheets with the trial court’s order. Failure to include such
worksheets in the record will result in summary remand of the trial court’s order.”
Only reasonable transportation expenses may reduce or abate a child support
obligation. Allowing unlimited abatement of child support, to the point where the
custodial parent receives substantially reduced or no child support, is contrary to the
children’s best interests. . . . a custodial parent has some fixed and constant
expenses in raising children, and these expenses do not decrease during extended
periods of visitation with the noncustodial parent. These expenses certainly do not
decrease simply because transportation costs significantly increase.
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