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Child Support Enforcement - Sarpy County Nebraska

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In re Interest of Tamika S. et al., 3 Neb. App. 624, 529 N.W.2d 147 (1995)<br />

The <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines apply in juvenile cases where child support<br />

is ordered.<br />

Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335, (2008)<br />

[W]e have never held that the absence of a child support worksheet provides a<br />

basis for a collateral attack on a final judgment. Once the [child support] order<br />

became final, even without a worksheet, it was enforceable.<br />

Kearney v. Kearney, 11 Neb. App. 88, 644 N.W.2d 171 (2002)<br />

A court may deviate from the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines whenever the<br />

application of the guidelines in an individual case would be unjust or inappropriate.<br />

Lebrato v. Lebrato, 3 Neb. App. 505, 529 N.W.2d 90 (1995)<br />

A payment to a bankruptcy plan in and of itself is not sufficient to rebut the<br />

presumption that the guidelines should be applied or to require a deviation from the<br />

guidelines to avoid an unjust result.<br />

Lucero v. Lucero, 16 Neb. App. 706, 750 N.W.2d 377 (2008)<br />

[§ 4-203] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provides that all stipulated<br />

agreements for child support must be reviewed against the guidelines and if a<br />

deviation exists and is approved by the court, specific findings giving the reason for<br />

the deviation must be made.<br />

[§ 4-212] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provides that when a specific<br />

provision for joint physical custody is ordered and each party’s parenting time<br />

exceeds 142 days per year, it is a rebuttable presumption that support shall be<br />

calculated using worksheet 3. Paragraph L of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong><br />

Guidelines provides that when a specific provision for joint physical custody is<br />

ordered and one party’s parenting time is 109 to 142 days per year, the use of<br />

worksheet 3 to calculate support is at the discretion of the court.<br />

[§ 4-210] of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provides that when there are<br />

visitation or parenting time periods of 28 days or more in any 90-day period, support<br />

payments may be reduced by up to 80 percent.<br />

The parent claiming a deduction for health insurance must show that he or she has<br />

incurred an increased cost to maintain the coverage for the children over what it<br />

would cost to insure himself or herself.<br />

Molczyk v. Molczyk, 285 Neb. 96, ____ N.W.2d ____, (January 2013)<br />

Under the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines, unless the minimum support rule<br />

applies, a parent’s total support, child care, and health care obligations cannot<br />

reduce the obligor’s net income below the minimum net monthly income for one<br />

person that will exceed the federal poverty threshold.<br />

In a marital dissolution action, to determine an obligor’s net income for calculating<br />

support obligations, a court subtracts the following annualized deductions from the<br />

obligor’s gross income: taxes, FICA, allowable retirement contributions, previous<br />

court-ordered child support to other children, and allowable voluntary support<br />

payments to other children.<br />

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