Child Support Enforcement - Sarpy County Nebraska

See also: Wilkins v. Wilkins, 269 Neb. 937, 697 N.W.2d 280 (2005)
Robbins v. Robbins, 3 Neb App. 953, 536 N.W.2d 77 (1995)
Findings regarding an employee's level of income should not be based on the
inclusion of income that is entirely speculative in nature and over which the
employee has little or no control.
Rood v. Rood, 4 Neb. App. 455, 545 N.W.2d 138 (1996)
When an order for child support provides for the payment of stipulated sums monthly
for the support of minor children, such payments become vested in the payee as
they accrue, and courts are generally without authority to reduce the amounts of
such accrued payments.
The Nebraska Supreme Court has, depending upon the equities involved, approved
modification of a child support order retroactive to the filing date of the application for
modification.
Whether or not a child has been emancipated is a question of fact, to be determined
on the peculiar facts and circumstances of each case.
Rutherford v. Rutherford, 277 Neb. 301, 761 N.W.2d 922 (2009)
If a trial court fails to prepare the applicable worksheets, the parties are required to
request that such worksheet be included in the trial court’s order. Orders for child
support or modification which do not contain such worksheets will on appeal be
summarily remanded to the trial court so that it can prepare the worksheets as
required by the guidelines. Such requirement is set forth in this court’s rules. [§4-
203}
Under the guidelines, a deviation in the amount of child support is allowed
“‘whenever the application of the guidelines in an individual case would be unjust or
inappropriate.’”
In the event of a deviation from the guidelines, the trial court should “state the
amount of support that would have been required under the guidelines absent the
deviation and include the reason for the deviation in the findings portion of the
decree or order, or complete and file worksheet 5 in the court file.”
The guidelines provided that a parent who requests an adjustment in child support
for health insurance premiums “must submit proof of the cost of the premium.”
Sabatka v. Sabatka, 245 Neb. 109, 511
N.W.2d 107 (1994)
An excellent discussion of when a parent
should be allowed to change career paths and
obtain a reduction of his child support, and
when he should not.
Facts: Noncustodial parent suffered neck and back
injuries resulting in a 25% disability, preventing him
from working his old job as a warehouse clerk.
Rather than seeking another job, even one
requiring no lifting, the father, although holding an
associate degree in diesel technology, elected to
pursue more education in order to get a better job.
His tuition was paid in full under the provisions of
the Workers’ Compensation Act, as are his textbooks. In addition, he received weekly disability
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