Child Support Enforcement - Sarpy County Nebraska

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.
Schulze v. Schulze, 238 Neb. 81, 469 N.W.2d 139 (1991)
A party seeking to modify a marital dissolution decree concerning custody, support,
or visitation of a child has the burden to show a material change of circumstances
affecting the best interests of the child.
The paramount concern and question in determining child support, whether in the
initial marital dissolution action or in proceedings for modification of a decree, is the
best interests of the child.
Parental earning capacity is a factor to be considered with the best interests of a
child in determining the amount of child support.
Sneckenberg v. Sneckenberg, 9 Neb. App. 609, 616 N.W.2d 68 (2000)
An upward revision of the Nebraska Child Support Guidelines constitutes a
material change of circumstances that can warrant upward modification of a parent’s
child support obligation, independent of changes in that parent’s income.
Snodgrass v. Snodgrass, 241 Neb. 43, 486 N.W.2d 215 (1992)
Facts: Dad fell thousands of dollars behind on his child support, despite having an ability to pay
most if not all of what he had been court ordered to pay. After being found in contempt he then
filed an application to modify, claiming inter alia that he should have custody of one of the
children. The court turned him down, “as the [appellant] is seeking equity from the [appellee]
when he is not in equity himself.” Held: affirmed.
[T]he doctrine of unclean hands in this case does not link the payment of child
support to the rights of a parent to exercise visitation. The two are independent. It is
strictly appellant’s flagrant and continuing contempt of court which precludes him
from obtaining relief.
State on behalf of Pathammavong v. Pathammavong, 268 Neb. 1, 679 N.W.2d 749
(2004)
Generally, issues of child support and custody are treated as separate and distinct
issues.
We have also held that when a party.owes past-due child support, the failure to pay
must be found to be a willful failure to pay, in spite of an ability to pay, before an
application to modify child support may be dismissed on the basis of unclean
hands.
State v. Yelli, 247 Neb. 785, 530 N.W.2d 250 (1995)
But don’t expect to get the judgment into evidence in a criminal nonsupport case that easily!
A judgment in a civil.paternity adjudication is res judicata as between the same
parties in a subsequent civil action such as a support modification proceeding.
Theisen v. Theisen, 14 Neb. App. 441 (2006)
Child support orders are always subject to review and modification. See
Reinsch v. Reinsch, 259 Neb. 564, 611 N.W.2d 86 (2000).
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