Child Support Enforcement - Sarpy County Nebraska

Bevins v. Gettman, 13 Neb. App. 555, 697 N.W.2d 698 (2005)
A stipulation for child support is not binding on the court.
A stipulation voluntarily entered into…will be respected and enforced by the courts
when such stipulation is not contrary to sound public policy.
Generally, settlements in domestic cases are binding on the court unless
unconscionable, but …terms of a settlement concerning support and custody of
children are excepted from that rule. (Citing Walters v. Walters, 12 Neb. App. 340,
673 N.W.2d 585 (2004)).
Public policy at work here is well established-that the child support guidelines control
the setting of child support, including whether there are grounds for a deviation.
Paragraph C [now § 4-203] is very specific about the requirements for employing a
deviation from the guidelines.
Worksheet 3 ‘Calculation for Joint Physical Custody’ shall not be utilized in the
calculation of child support unless the parties have specifically been awarded “joint
physical custody.” Child support calculated on the basis of joint custody is
fundamentally incorrect, absent a finding of a deviation which would justify such
calculation. (where father awarded 5 overnight visits every 14 days and half of
summer vacation, plus alternating holidays, held not joint custody)
With respect to child support, the facts and the guidelines control the calculation –
the parties cannot control the calculation by stipulation, unless the stipulation
comports with the guidelines.
Where child spends 50% of summer vacation time with noncustodial parent, that
parent should receive a 50% abatement in his child support for the months of June,
July and August.
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