Child Support Enforcement - Sarpy County Nebraska

Riggs v. Riggs, 261 Neb. 344, 622 N.W.2d 861 (2001)
The child and custodial parent should not be penalized, if it can be avoided, by the
delay inherent in our legal system. See Reinsch v. Reinsch, 259 Neb. 564, 611
N.W.2d 86 (2000). Therefore, the rule, absent equities to the contrary, should
generally be that the modification of a child support order should be applied
retroactively to the first day of the month following the filing date of the application
for modification.
[T]he initial determination regarding the retroactive application of the
modification order is entrusted to the discretion of the trial court, and the
decision of the trial court will be affirmed absent an abuse of discretion. See Sears
v. Larson, 259 Neb. 760, 612 N.W.2d 474 (2000). There are circumstances, for
example, when a noncustodial parent may not have the ability to pay retroactive
support and meet current obligations. However, the general rule of applying
modification of child support orders retroactively to the first day of the month
following the filing date of the application for modification is intended to clarify the
law and to more accurately reflect the practice regarding the effective date of child
support modification orders.
See also: Wilkins v. Wilkins, 269 Neb. 937, 697 N.W.2d 280 (2005)
Rood v. Rood, 4 Neb. App. 455, 545 N.W.2d 138 (1996)
When an order for child support provides for the payment of stipulated sums monthly
for the support of minor children, such payments become vested in the payee as
they accrue, and courts are generally without authority to reduce the amounts of
such accrued payments.
The Nebraska Supreme Court has, depending upon the equities involved, approved
modification of a child support order retroactive to the filing date of the application for
modification.
Whether or not a child has been emancipated is a question of fact, to be determined
on the peculiar facts and circumstances of each case.
Rutherford v. Rutherford, 277 Neb. 301, 761 N.W.2d 922 (2009)
If a trial court fails to prepare the applicable worksheets, the parties are required to
request that such worksheet be included in the trial court‘s order. Orders for child
support or modification which do not contain such worksheets will on appeal be
summarily remanded to the trial court so that it can prepare the worksheets as
required by the guidelines. Such requirement is set forth in this court‘s rules. [§4-
203}
Under the guidelines, a deviation in the amount of child support is allowed
―‗whenever the application of the guidelines in an individual case would be unjust or
inappropriate.‘‖
In the event of a deviation from the guidelines, the trial court should ―state the
amount of support that would have been required under the guidelines absent the
deviation and include the reason for the deviation in the findings portion of the
decree or order, or complete and file worksheet 5 in the court file.‖
The guidelines provided that a parent who requests an adjustment in child support
for health insurance premiums ―must submit proof of the cost of the premium.‖
Sabatka v. Sabatka, 245 Neb. 109, 511 N.W.2d 107 (1994)
An excellent discussion of when a parent should be allowed to change career
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