Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Earning capacity may be used as a basis for an initial determination of child support<br />
under the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines where evidence is presented that the<br />
parent is capable of realizing such capacity through reasonable effort.<br />
Lainson v. Lainson, 219 Neb. 170, 362 N.W.2d 53 (1985)<br />
Earning capacity, as used in [§ 42-364 (4)], means the overall capability of a parent<br />
to make child support payments based on the overall situation of the parent making<br />
such payments, including investment income, and is not limited to the ability to<br />
earn a wage.<br />
Mehne v. Hess, 4 Neb. App. 935, 553 N.W.2d 482 (1996)<br />
The entire net amount received from personal injury settlement award constituted<br />
income for child support purposes.<br />
Rauch v. Rauch, 256 Neb. 257, 590 N.W.2d 170 (1999)<br />
The guidelines provide that if applicable, earning capacity may be considered in lieu<br />
of a parent’s actual, present income. <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines, paragraph<br />
D. This is especially true when it appears that the parent is capable of earning more<br />
income than is presently being earned. See also Gangwish v. Gangwish, 267<br />
Neb. 901, 678 N.W.2d 503 (2004).<br />
The court did not abuse its discretion when it deviated from the guidelines by not<br />
considering farming losses when calculating the noncustodial parent’s monthly<br />
income.<br />
Robbins v. Robbins, 3 Neb. App. 953, 536 N.W.2d 77 (1995)<br />
Basing the child support on the speculation of a future job and income is contrary<br />
to the dictates of the guidelines.<br />
Shiers v. Shiers, 240 Neb. 856, 485 N.W.2d 574 (1992)<br />
There is statutory and judicial authority for considering a parent’s net earning<br />
capacity rather than his or her actual net income in determining child support. See,<br />
Neb.Rev.Stat. § 42-364(6), Ristow v. Ristow, 152 Neb. 615, 41 N.W.2d 924 (1950).<br />
the <strong>Nebraska</strong> Supreme Court has held that a court may and should deviate from the<br />
child support guidelines when a parent’s earning capacity exceeds her or his actual<br />
earnings and the application of the guidelines would result in an unfair and<br />
inequitable support order.<br />
State v. Porter, 259 Neb. 366, 610 N.W.2d 23 (2000)<br />
Pursuant to [§42-364 (4)], when earning capacity is used as a basis for an initial<br />
determination of child support under the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines, there<br />
must be some evidence that the parent is capable of realizing such capacity through<br />
reasonable effort.<br />
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