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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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