Child Support Enforcement - Sarpy County Nebraska

All Nebraska IV-D court orders or foreign orders registered under UIFSA or RURESA in Nebraska
are eligible for a review for possible modification of the child support amount and inclusion of health
insurance if the following criteria are met:
1. The order is for current support;
2. The order is an active Nebraska order;
3. The order is not a tribal order;
4. The order is not an order registered for income withholding only;
5. At least one party resides in Nebraska;
6. Nebraska maintains continuing exclusive jurisdiction under UIFSA or is the proper state to
acquire continuing exclusive jurisdiction under UIFSA for the support order;
7. The non-custodial party is not institutionalized or incarcerated;
8. The current order for support is at least three years old;
9. The order has not been reviewed by Child Support Enforcement in the last three years,
except:
a. an order may be reviewed after one year if it was not referred for a modification because of
financial circumstances lasting for the time period stated in 466 NAC 8-007, number 1; or
b. the requesting party demonstrates a substantial change in financial circumstances that has
lasted for the time period stated in 466 NAC 8-007, number 1.
10. The youngest child in the order will not emancipate within the next 12 months;
11. The location of all parties involved is known; and
12. The order does not require a change in custody to effectuate the modification of support.
Brewer v. Brewer, 244 Neb. 731, 509 N.W.2d 10 (1993)
a request to credit Social Security benefits is a request for a change in only the
source of payment, paid on behalf of the employee, and therefore does not require a
modification hearing, but, rather, only an opportunity for the custodial parent to
adduce evidence of any inequity that might occur as the result of crediting those
benefits to court-ordered child support.
Brodrick v. Baumgarten, 19 Neb. App. 228, 809 N.W.2d 799 (2011)
Facts: parties modify their support order and indicate the new support amount is an upward
deviation from the guidelines. Five months later dad files to modify support back to what the
guidelines would have set it at ($0). District court finds a material change in financial
circumstances despite the fact the parents’ incomes are exactly the same.
Held: No modification is warranted. Parties cannot use a prior deviation from the guidelines as
THE grounds to re-modify to a support amount with no deviation when nothing else changes.
A party seeking to modify a child support order must show a material change in
circumstances which (1) occurred subsequent to the entry of the original decree or
previous modification and (2) was not contemplated when the decree was entered.
Among the factors to be considered in determining whether a material change of
circumstances has occurred are (1) changes in the financial position of the parent
obligated to pay support, (2) the needs of the children for whom support is paid, (3)
good or bad faith motive of an obligated parent in sustaining a reduction in income,
and (4) whether the change is temporary or permanent.
Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001)
There is no precise mathematical formula for calculating child support when subsequent
children are involved.
The calculation is left to the discretion of the court as long as the court considered
the obligations to both families and the income of the other parent of the subsequent
children.
- 129 -