Child Support Enforcement - Sarpy County Nebraska

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