Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Calculate support this way:<br />
1. Mom’s gross income + Dad’s Gross income = Parental gross income<br />
2. Add value of social security benefits. Sum = New family gross income<br />
3. Calculate family child support amount based on line 2.<br />
4. Deduct social security benefit amount from figure derived from step 3.<br />
5. Arrive at new family support amount.<br />
6. Prorate child support amount from step 5 between the parents based upon their “real” incomes.<br />
Spousal <strong>Support</strong>/Alimony<br />
(See also Modification)<br />
Section 43-1715. Spousal support, defined.<br />
Spousal support shall mean alimony or maintenance support for a spouse or former spouse if the<br />
provision for support is a part of an order, decree, or judgment which provides for child support<br />
and the child and spouse or former spouse are living in the same household.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 35<br />
Note: The terms “alimony” and “spousal support” are used interchangeably throughout<br />
<strong>Nebraska</strong> case law, and there is no meaningful difference. Technically, all spousal support is<br />
alimony, but all alimony is not spousal support, as reflected in the statute cited above.<br />
Finney v. Finney, 273 Neb. 436, 730 N.W.2d 351 (2007)<br />
Metcalf v. Metcalf, 278 Neb. 258, 269 N.W.2d 386 (2009) – also see below<br />
Modification of a dissolution decree is a matter entrusted to the discretion of the trial<br />
court, whose order is reviewed de novo on the record, and which will be affirmed<br />
absent an abuse of discretion by the trial court.<br />
Alimony orders may be modified or revoked for good cause shown. Good<br />
cause means a material and substantial change in circumstances and depends upon<br />
the circumstances of each case. The moving party has the burden of<br />
demonstrating a material and substantial change in circumstances which would<br />
justify the modification of an alimony award. Changes in circumstances which were<br />
within the contemplation of the parties at the time of the decree, or that were<br />
accomplished by the mere passage of time, do not justify a change or modification of<br />
an alimony award.<br />
Grahovac vs. Grahovac, 12 Neb. App. 585, 680 N.W.2d 616 (2004)<br />
An award of alimony may be modified or revoked if the moving party can show good<br />
cause. See Pope v. Pope, 251 Neb. 773, 559 N.W.2d 192 (1997). In an action for<br />
modification of alimony, good cause is demonstrated by a material change in<br />
circumstances, but any changes in circumstances which were within the contemplation<br />
of the parties at the time of the decree, or that were accomplished by the<br />
mere passage of time, do not justify a change or modification of an alimony order.<br />
A modification of child support is only warranted when a change of circumstances is<br />
of a material and substantial nature and was not contemplated at the time of the<br />
decree.<br />
A petition for the modification or termination of alimony will be denied if the change<br />
in financial condition is due to fault or voluntary wastage or dissipation of one’s<br />
talents and assets.<br />
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