Child Support Enforcement - Sarpy County Nebraska

court should take into consideration the income of the other parent of these children
as well as any other equitable considerations.
When a trial court deviates from the child support guidelines in setting support,
the court shall also state the amount of support that would have been required
under the guidelines, absent the deviation. The reason for the deviation should
also be stated, and/or the court should create worksheet 5 from the guidelines and
file it in the court file. (See also Rutherford v. Rutherford, 277 Neb. 301 (Feb.
2009).
Claborn v. Claborn, 267 Neb. 201, 673 N.W.2d 533 (2004)
[§ 4-204] of the guidelines also provides that if applicable, earning capacity may be
considered in lieu of a parent’s actual, present income and may include factors such
as work history, education, occupational skills, and job opportunities.
Coffey v. Coffey, 11 Neb. App. 788, 661 N.W.2d 327 (2003)
Alimony paid to the non-custodial parent by the custodial parent is not income
for purposes of calculating the child support obligation of the non-custodial parent.
Kelly v. Kelly, 2 Neb. App. 399, 510 N.W.2d 90 (1993), reversed on other grounds
246 Neb. 55, 516 N.W.2d 612 (1994).
Because alimony is not properly considered as income when child support is
established, the cessation of alimony cannot be considered a diminution in income
when determining whether there has been a material change of circumstances
justifying a modification of child support. See also Gallner v. Hoffman, 264 Neb.
995, 653 N.W.2d 838 (2002)
Czaplewski v. Czaplewski, 240 Neb. 629, 483 N.W.2d 751 (1992)
Wilkins v. Wilkins, 269 Neb. 937, 697 N.W.2d 280 (2005)
Child support guidelines are just that – guidelines. A trial judge does not satisfy
his duty to equitably determine child support by blindly following suggested
guidelines. The court may deviate from the guidelines where one or both parties
have provided sufficient evidence to rebut the presumption that the guidelines
should be applied.
Trial court’s allowance for the father’s present family when determining child
support for the previous family is allowed.
Modification of an award of child support is not justified unless the applicant proves
that a material change in circumstances has occurred since the entry of the
decree or a previous modification.
Drew on Behalf of Reed v. Reed, 16 Neb. App. 905, 755 N.W.2d 420 (2008)
Joint physical custody means the child lives day in and day out with both parents
on a rotating basis.
Numerous parenting times with a child do not constitute joint physical custody.
Liberal parenting time does not justify a joint custody child support calculation.
Elsome v. Elsome, 257 Neb. 889, 601 N.W.2d 537 (1999)
Deviations from the child support guidelines are to be ordered with explicitness.
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