Child Support Enforcement - Sarpy County Nebraska

student loan that the noncustodial parent could not escape paying, and which credit can be
given for according to case law. The district court affirmed the referee and the State appealed.
Held: this was error.
The guidelines allow deductions for taxes, Social Security, health insurance,
mandatory retirement contributions, and child support for other children. Payments
to a bankruptcy plan are not specifically provided for in the guidelines as a deduction
or credit. See paragraph C(5).
The Court of Appeals has held that a payment to a bankruptcy plan in and of itself is
not sufficient to rebut the presumption that the guidelines should be applied or to
require a deviation from the guidelines to avoid an unjust result. See Lebrato v.
Lebrato, 3 Neb. App. 505, 529 N.W.2d 90 (1995).
From our de novo review of the referee’s report, we conclude that the referee erred
in allowing a $100 credit for the payments to Dewitt’s bankruptcy plan. The referee
was not justified in crediting $100 of the bankruptcy plan payment directly against
the child support
Child Care
Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992).
child-care costs may be awarded as an incident to child support in a paternity action.
Hamm v. Hamm, 228 Neb. 294, 422 N.W.2d 336 (1988)
The child support guidelines specify that day care expenses are to be considered
independently of the child support amount.
Child Support & Related
(see also Earning Capacity, Equity, Guidelines, Modification Issues, Temporary Support)
Temporary child support – see § 42-357.
§ 42-364 (4) states in part that “Child support paid to the party having custody of the minor
child shall be the property of such party except as provided in section 43-512.07.”
With regard to requests for an accounting of child support monies spent by a custodial
parent, see:
42-364. Dissolution or legal separation; decree; parenting plan; children; custody
determination; rights of parents; child support; termination of parental rights; court;
duties; modification proceedings.
…
(6) In determining the amount of child support to be paid by a parent, the court shall consider the
earning capacity of each parent and the guidelines provided by the Supreme Court pursuant to
section 42-364.16 for the establishment of child support obligations. Upon application, hearing,
and presentation of evidence of an abusive disregard of the use of child support money paid by
one party to the other, the court may require the party receiving such payment to file a verified
report with the court, as often as the court requires, stating the manner in which such money is
used.
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