Child Support Enforcement - Sarpy County Nebraska

Non-custodial parent who lost high paying job due to alcoholism does not qualify for
reduction in alimony or child support due to voluntary wastage of his talents.
Grange v. Grange, 15 Neb. App. 297, 725 N.W.2d 823 (2006 – Sarpy Co.)
A material change in circumstances means the occurrence of something which,
had it been known to the dissolution court at the time of the initial decree, would
have persuaded the court to decree differently. Heistand v. Heistand, 267 Neb.
300, 673 N.W.2d 541 (2004).
We bear in mind that the definition refers to ―circumstances‖ in the plural form; …
Where…the party seeking modification advances multiple reasons for modification,
we consider all of the facts and circumstances raised by the evidence to determine
whether there has been a material change.
[The custodial parent] contends that the district court correctly granted summary
judgment as to modification of child support, because the miscalculation at the time
of the last modification does not constitute a material change in circumstances. In
the absence of proof of new facts and circumstances arising since the time of the
original decree, an allowance of child support therein will be deemed res judicata.
Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)
A party who seeks to have a prior child support order modified can prove that a
modification is warranted simply by a showing of the conditions described in
paragraph Q [now § 4-217] of the Nebraska Child Support Guidelines.
Absent a clearly articulated justification, any deviation from the Nebraska Child
Support Guidelines is an abuse of discretion.
In determining child support, a court‘s findings regarding an individual‘s level of
income should not be based on the inclusion of income that is entirely speculative in
nature.
Changes in the financial position of the parent obligated to pay support often
warrant a modification of the support order.
Regarding child support, increased financial obligations, like decreased income,
will qualify as a change in one‘s financial position. … As a result, if (the NCP) is
ever forced to pay for daycare and his income is reduced below the poverty
line as a result, (he) may seek a modification of the court‟s child support
order.
The federal government provides Social Security to special needs children with the
intent that it will supplement other income, not substitute for it.
Groseth v. Groseth, 257 Neb. 525, 600 N.W.2d 159 (1999)
The age of majority is a ―nonmodifiable‖ provision of a support order when a
responding state is modifying a support order issued in another state. See, also,
Unif. Interstate Family Support Act, § 611
Hall v. Hall, 238 Neb. 686, 472 N.W.2d 217 (1991)
We hold that a tax dependency exemption is nearly identical in nature to an award
of child support or alimony and is thus capable of being modified as an order of
support.
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