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Child Support Enforcement - Sarpy County Nebraska

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Erica J. v. Dewitt, 265 Neb. 728, 659 N.W.2d 315 (2003)<br />

A court is not justified in crediting $100 of the NCP’s bankruptcy plan payment<br />

directly against the initial child support that was computed based upon the combined<br />

monthly net income of both parents, in order to reduce the NCP’s child support<br />

obligation.<br />

Faaborg v. Faaborg; 254 Neb. 501, 576 N.W.2d 826 (1998)<br />

Discusses high income cases, where a party has monthly income exceeding<br />

$10,000. (note: present guidelines address net income up to $15,000 per month)<br />

Gartner v. Hume, 12 Neb. App. 741, 686 N.W.2d 58 (2004)<br />

The main principle behind the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines is to recognize<br />

the equal duty of both parents to contribute to the support of their children in<br />

proportion to their respective net incomes.<br />

Under certain circumstances, an amendment to the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong><br />

Guidelines can itself be considered a material change in circumstances<br />

warranting modification of a parent’s child support obligation.<br />

[T]ier II railroad retirement contributions constitute mandatory retirement<br />

contributions and, as such, are deductible under paragraph E(4) of the Guidelines.<br />

Gase v. Gase, 266 Neb. 975, 671 N.W.2d 223 (2003)<br />

Interpretation of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines presents a question of<br />

law, regarding which an appellate court is obligated to reach a conclusion<br />

independent of the determination reached by the court below.<br />

The owner of a wholly owned subchapter S corporation is self-employed within the<br />

meaning of the child support guidelines.<br />

Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)<br />

Absent a clearly articulated justification, any deviation from the NCSG is an<br />

abuse of discretion.<br />

(the trial) court abused its discretion if its child support order drives (the noncustodial<br />

parent’s) income below the poverty line set forth in paragraph R.<br />

(Reviewing) a 3-year average (income) tends to be the most common approach in<br />

cases where a parent’s income tends to fluctuate. It is not necessary for a court to<br />

look back more than three years.<br />

Daycare and medical reimbursement obligations are also subject to paragraph R's<br />

[ now § 4-218’s] basic subsistence limitation.<br />

Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)<br />

The <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines provide that in calculating the amount of<br />

support to be paid, a court must consider the total monthly income, defined as the<br />

income of both parties derived from all sources, except all means-tested public<br />

assistance benefits. Social Security disability insurance program benefits are not<br />

means-tested public assistance benefits, but are based on prior earnings of the<br />

recipient, not on the financial need of the recipient.<br />

A noncustodial parent is entitled to credit against a monthly child support obligation<br />

for Social Security benefits paid to his or her minor child as a result of the<br />

noncustodial parent’s disability.<br />

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