Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Material change in circumstances in reference to modification of child support is<br />
analogous to modification of alimony for good cause.<br />
Mastrocesare vs. Mastrocesare, 2 Neb. App. 231, 507 N.W.2d 683 (1993)<br />
…Citing Section 42-347(4), which states:<br />
Spousal support, when used in the context of income withholding or any<br />
provisions of law which might lead to income withholding, shall mean alimony or<br />
maintenance support for a spouse or former spouse when ordered as a part of<br />
an order, decree, or judgment which provides for child support and the child and<br />
spouse or former spouse are living in the same household.<br />
§43-1715 defines spousal support almost identically.<br />
Despite the statutory definition of spousal support, it is evident that the term “spousal<br />
support” and the term “alimony” are commonly used interchangeably.<br />
Metcalf v. Metcalf, 278 Neb. 258, 769 N.W.2d 386 (2009)<br />
The Metcalf decision essentially means that once a party tries and fails to modify their support<br />
order, they will have a more difficult time trying a second time to obtain a modification.<br />
We determine that in cases where there has been a previous attempt to modify<br />
support, the court must first consider whether circumstances have changed since<br />
the most recent [albeit failed] request for modification. But when considering<br />
whether there has been a material and substantial change in circumstances<br />
justifying modification, the court will consider the change in circumstances since the<br />
date of the last order establishing or modifying alimony. In other words, a judgment<br />
for alimony may be modified only upon a showing of facts or circumstances<br />
that have changed since the last order granting or denying modification was<br />
entered. But once some change has been established since the last request,<br />
the analysis focuses on the change in circumstances since alimony was<br />
originally awarded or last modified. We adopt this rule because it recognizes the<br />
force of res judicata; modification will be considered only when there has been a<br />
change in circumstances since the last request for modification. But if there has<br />
been no change, modification is not justified, because the request is essentially the<br />
same as the last request.<br />
If there has been no change between the most recent modification request and the<br />
current request, the current modification is barred by res judicata.<br />
Millatmal v. Millatmal, 272 Neb. 452, 723 N.W.2d 79 (2006)<br />
We will affirm a trial court’s award of alimony unless it is so untenable as to deprive<br />
a party of a substantial right or just result.<br />
Pope v. Pope, 251 Neb. 773, 559 N.W.2d 192 (1997)<br />
Parent terminated from employment for sleeping on the job not entitled to reduction<br />
in alimony. Reduction in earnings does not rise to the “good cause” threshold.<br />
Simpson v. Simpson, 275 Neb. 152, 744 N.W.2d 710 (2008)<br />
[A]n increase in income is a circumstance that may be considered in determining<br />
whether alimony should be modified. … [A] party’s increase in income is considered<br />
in conjunction with changes in the other party’s situation.<br />
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