Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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unless the court finds that one or both parties have produced sufficient evidence to rebut the<br />
presumption that the application of the guidelines will result in a fair and equitable child support<br />
order.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 18; Laws 1994, LB 1224, § 46.<br />
§ 4-203 of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines specifically declares that: “All orders for<br />
child support, including modifications, must include a basic income and support calculation<br />
worksheet” from the child support guidelines. [This is now absolutely mandatory!!!]<br />
§ 4-203 of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines also states, in part:<br />
All orders for child support obligations shall be established in accordance with the provisions<br />
of the guidelines unless the court finds that one or both parties have produced sufficient<br />
evidence to rebut the presumption that the guidelines should be applied. All stipulated<br />
agreements for child support must be reviewed against the guidelines and if a deviation exists<br />
and is approved by the court, specific findings giving the reason for the deviation must be<br />
made.<br />
√ Note: Attorney Kent Schroeder, of Kearney, produces a low cost CD <strong>Child</strong> <strong>Support</strong> Calculator program,<br />
which is easy to install and use on any Windows based computer. Contact Kent at kschroeder@nebraska.edu<br />
or 1-800-657-2131 for further information. Attorney Adam Astley, 402-344-4000, has also developed an Internet<br />
based program.<br />
Bevins v. Gettman, 13 Neb. App. 555, 697 N.W.2d 698 (2005)<br />
A stipulation for child support is not binding on the court.<br />
A stipulation voluntarily entered into…will be respected and enforced by the courts<br />
when such stipulation is not contrary to sound public policy.<br />
Generally, settlements in domestic cases are binding on the court unless<br />
unconscionable, but …terms of a settlement concerning support and custody of<br />
children are excepted from that rule. (Citing Walters v. Walters, 12 Neb. App. 340,<br />
673 N.W.2d 585 (2004)).<br />
Public policy at work here is well established-that the child support guidelines control<br />
the setting of child support, including whether there are grounds for a deviation.<br />
Paragraph C [now § 4-203] is very specific about the requirements for employing a<br />
deviation from the guidelines.<br />
Worksheet 3 ‘Calculation for Joint Physical Custody’ shall not be utilized in the<br />
calculation of child support unless the parties have specifically been awarded “joint<br />
physical custody.” <strong>Child</strong> support calculated on the basis of joint custody is<br />
fundamentally incorrect, absent a finding of a deviation which would justify such<br />
calculation. (where father awarded 5 overnight visits every 14 days and half of<br />
summer vacation, plus alternating holidays, held not joint custody)<br />
With respect to child support, the facts and the guidelines control the calculation –<br />
the parties cannot control the calculation by stipulation, unless the stipulation<br />
comports with the guidelines.<br />
Where child spends 50% of summer vacation time with noncustodial parent, that<br />
parent should receive a 50% abatement in his child support for the months of June,<br />
July and August.<br />
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