Child Support Enforcement - Sarpy County Nebraska

or a previous modification and was not contemplated when the prior order was
entered.
Incontro v. Jacobs, 277 Neb. 275, 761 N.W.2d 551 (2009)
Child support orders are always subject to review and modification.
A decree awarding child support will not be modified because of a change of
circumstances which was in the contemplation of the parties at the time the original
or preceding order was made, but only those anticipated changes which were
specifically noted on the record at the time the previous order was entered will
prevent modification.
The party seeking the modification has the burden to produce sufficient proof that a
material change of circumstances has occurred that warrants a modification.
Courts may consider various factors to determine whether a material change of
circumstances has occurred. Among the factors to be considered 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 the obligated
parent in sustaining a reduction in income, and (4) whether the change is temporary
or permanent.
The paramount concern in child support cases, whether in the original proceeding or
subsequent modification, remains the best interests of the child.
If applicable, earning capacity may be considered in lieu of a parent’s actual,
present income and may include factors such as work history, education,
occupational skills, and job opportunities. Earning capacity is not limited to wageearning
capacity, but includes moneys available from all sources.
If it is shown that a reduction in the obligor parent’s income is attributable to his or
her personal wishes and not the result of unfavorable or adverse conditions in the
economy, his or her health, or other circumstances affecting his or her earning
capacity, then a reduction in child support is not warranted.
Jameson v. Jameson, 13 Neb. App. 703, 700 N.W.2d 638 (2005)
A good example of how not to get your child support case modified, even when the
custodial parent agrees with you that it should be reduced.
Obligor was unemployed through apparently no fault of his own. Obligee agreed to
a reduction in support, however there was no evidence by either party regarding
what obligor’s earning capacity was at the time of the hearing or whether his earning
capacity has changed since the 1995 modification order. So Application to Modify
was denied.
Lamb v. Lamb, 14 Neb. App. 337, 707 N.W.2d 423 (2005)
The modification of another state’s child support order must be addressed under the
Uniform Interstate Family Support Act, Neb. Rev. Stat. §§42-701 to 42-751
(Reissue 2004).
Upon petition, a tribunal of this state may modify a child support order issued in
another state which is registered in this state if, after notice and hearing, the
tribunal finds that (1) neither the child nor the individual obligee nor the obligor
resides in the issuing state, a petitioner who is a nonresident of Nebraska seeks
modification, and the respondent is subject to the personal jurisdiction of the
Nebraska district court or (2) Nebraska is the state of residence of the child, or a
party who is an individual is subject to the personal jurisdiction of the Nebraska
- 133 -