Child Support Enforcement - Sarpy County Nebraska

Modification of child support payments is entrusted to the trial court’s discretion, and
although, on appeal, the issue is reviewed de novo on the record, the decision of the
trial court will be affirmed absent an abuse of discretion.
The rule, absent equities to the contrary, should generally be that the modification
of a child support order should be applied retroactively to the first day of the
month following the filing date of the application for modification.
Peter v. Peter, 262 Neb. 1017, 637 N.W.2d 865 (2002)
It is not in the best interests of the children to allow income averaging when a
father’s income was consistently increasing.
As a general matter, the parties’ current earnings are to be used in calculating
child support.
Pope v. Pope ; 251 Neb. 773, 559 N.W.2d 192 (1997)
(Voluntary Wastage. Obligated parent fired from high paying job for falling asleep during the
night shift. The Supremes offer little sympathy, except in the dissent.)
An appellate court entrusts the modification of an alimony award to the discretion of
the trial court and reviews the trial court’s decision de novo on the record for abuse
of discretion.
Orders for alimony may be modified or revoked for good cause shown. Good
cause is demonstrated by a material change in circumstances, but
any changes in circumstances which were within the
contemplation of the parties at the time of the decree, or that
were accomplished by the mere passage of time, do not justify a
change or modification of an alimony order.
We therefore extend the rule of Ohler to cases involving the
modification or termination of alimony and find that a petition for
the modification or termination of alimony will be denied if the
change in financial condition is due to fault or voluntary wastage
or dissipation of one’s talents and assets.
Rauch v. Rauch; 256 Neb. 257, 590 N.W.2d 170 (1999)
[E]vidence (that the custodial parent’s income has substantially increased since the
last modification of child support) raises an inference that a proper calculation under
the child support guidelines would result in a variation of (the noncustodial parent’s)
support obligation by 10 percent or more and $25 or more, which would establish a
rebuttable presumption of a material change in circumstances. See Nebraska Child
Support Guidelines, paragraph Q [now § 4-217].
Among the factors to be considered in determining whether a material change of
circumstances has occurred are changes in the financial position of the parent
obligated to pay support, the needs of the children for whom support is paid, good or
bad faith motive of the obligated parent in sustaining a reduction in income, and
whether the change is temporary or permanent. In the absence of proof of new facts
and circumstances arising since the time of the original decree, an allowance of child
support therein will be deemed res judicata.
The filing of a motion for summary judgment in opposition to a complaint to modify
child support may or may not be a proper pleading, however it cannot be sustained
when the evidence, taken in a light most favorable to the other party, is inconclusive
in showing a lack of a material change in financial circumstances.
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