Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Erica J. v. Dewitt, 265 Neb. 728, 659 N.W.2d 315 (2003)<br />
A court is not justified in crediting $100 of the NCP’s bankruptcy plan payment<br />
directly against the initial child support that was computed based upon the combined<br />
monthly net income of both parents, in order to reduce the NCP’s child support<br />
obligation.<br />
Faaborg v. Faaborg; 254 Neb. 501, 576 N.W.2d 826 (1998)<br />
Discusses high income cases, where a party has monthly income exceeding<br />
$10,000. (note: present guidelines address net income up to $15,000 per month)<br />
Gartner v. Hume, 12 Neb. App. 741, 686 N.W.2d 58 (2004)<br />
The main principle behind the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines is to recognize<br />
the equal duty of both parents to contribute to the support of their children in<br />
proportion to their respective net incomes.<br />
Under certain circumstances, an amendment to the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong><br />
Guidelines can itself be considered a material change in circumstances<br />
warranting modification of a parent’s child support obligation.<br />
[T]ier II railroad retirement contributions constitute mandatory retirement<br />
contributions and, as such, are deductible under paragraph E(4) of the Guidelines.<br />
Gase v. Gase, 266 Neb. 975, 671 N.W.2d 223 (2003)<br />
Interpretation of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines presents a question of<br />
law, regarding which an appellate court is obligated to reach a conclusion<br />
independent of the determination reached by the court below.<br />
The owner of a wholly owned subchapter S corporation is self-employed within the<br />
meaning of the child support guidelines.<br />
Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)<br />
Absent a clearly articulated justification, any deviation from the NCSG is an<br />
abuse of discretion.<br />
(the trial) court abused its discretion if its child support order drives (the noncustodial<br />
parent’s) income below the poverty line set forth in paragraph R.<br />
(Reviewing) a 3-year average (income) tends to be the most common approach in<br />
cases where a parent’s income tends to fluctuate. It is not necessary for a court to<br />
look back more than three years.<br />
Daycare and medical reimbursement obligations are also subject to paragraph R’s<br />
[ now § 4-218’s] basic subsistence limitation.<br />
Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)<br />
The <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provide that in calculating the amount of<br />
support to be paid, a court must consider the total monthly income, defined as the<br />
income of both parties derived from all sources, except all means-tested public<br />
assistance benefits. Social Security disability insurance program benefits are not<br />
means-tested public assistance benefits, but are based on prior earnings of the<br />
recipient, not on the financial need of the recipient.<br />
A noncustodial parent is entitled to credit against a monthly child support obligation<br />
for Social Security benefits paid to his or her minor child as a result of the<br />
noncustodial parent’s disability.<br />
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