Child Support Enforcement - Sarpy County Nebraska

Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)
Parents have a duty to support their minor children until they reach majority or are
emancipated, and a parent is not relieved of this duty by virtue of divorce. [see Neb.
Rev. Stat. § 42-371.01]
In effect, the mother asks us to read the word “minor” out of the statute and to add
words such as to include adult children who are handicapped to the extent they
cannot support themselves. More than that, she wishes us to write into the statute a
requirement that divorced parents maintain their handicapped offspring in an
institution of higher learning to an indefinite age. This we cannot do.
Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)
The requirement of support begins at the time of the birth of a child, whether the
child is born in lawful wedlock or otherwise.
Kracman v. Kracman, 232 Neb. 152, 440 N.W.2d 194 (1989)
In this case, custodial parent sought to waive all past due child support as part of a joint
application to modify support. The court refused to go along with the stipulation.
Questions of custody and support are not controllable by agreement of the parties.
Eliker v. Eliker, 206 Neb. 764, 295 N.W.2d 268 (1980)
Courts are without authority to reduce the amount of accrued child support (absent
equitable estoppel).
Meyers v. Meyers, 222 Neb. 370, 383 N.W.2d 784 (1986).
§ 42-364 is clear and unambiguous in conferring authority to compel divorced
parents to support minor children, but also clear and.unambiguous in conferring no
authority for the support of adult.children.
The dissolution statutes do not empower courts to order a parent to contribute to the
support of an adult handicapped child.
But distinguish:
Parents can agree to enter into a property settlementfagreement.that, among other
things, calls for one parent to support aachild of the.marriage beyond that child’s emancipation.
Such.agreements may be.binding and enforceable by the district court (but. Not the child
support.authorities).
Morrill County v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998)
A parent is required to provide his or her child with the basic necessities of life.
Both parents have a duty to support their minor children, and the amount of child
support awarded is a function of the status, character, and situation of the parties.
The primary consideration in determining the level of child support payments is the
best interests of the child.
Nebraska courts have consistently examined a parent’s earning capacity, as well as
actual wages, to determine child support. This is particularly apposite when a parent
receives valuable benefits which are not paid as cash, and also when a parent
unjustifiably chooses to be underemployed or unemployed. See, also, Nebraska
Child Support Guidelines, paragraph C(5), which allows deviation from application of
the guidelines if application of them would result in an unjust or inappropriate result.
See Guidelines § 4-203 and § 4-204
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