Child Support Enforcement - Sarpy County Nebraska

not, under the circumstances presented here, finance it at the expense of his
children.
As a result, we cannot say that the trial court abused its discretion in the denial of
the father‘s request to modify child support.
Note: the court seemed to stress that its ultimate decision was based more on the standard
of review than anything else. That being that ―modification of child support is an issue
entrusted to the discretion of the trial court, and although reviewed de novo on the record,
the decision of the trial court will be affirmed absent an abuse of discretion.‖ Here, the trial
court was affirmed. If the trial court had ruled the opposite the supreme court may well have
affirmed that decision as well.
Schmitt v. Schmitt, 239 Neb. 632, 477 N.W.2d 563 (1991),
Rauch v. Rauch, 256 Neb. 257, 590 N.W.2d 170 (1999)
Adoption/Modification of the Nebraska Child Support Guidelines does constitute
a material change of circumstances sufficient to justify consideration of proposed
modification of child support orders entered before that date.
Also along this same vein: Gartner v. Hume, 12 Neb. App. 741, 686 N.W.2d 58 (2004)
Under certain circumstances, an amendment to the Nebraska Child Support
Guidelines can itself be considered a material change in circumstances warranting
modification of a parent‘s child support obligation.
Schulze v. Schulze, 238 Neb. 81, 469 N.W.2d 139 (1991)
A party seeking to modify a marital dissolution decree concerning custody, support,
or visitation of a child has the burden to show a material change of circumstances
affecting the best interests of the child.
The paramount concern and question in determining child support, whether in the
initial marital dissolution action or in proceedings for modification of a decree, is the
best interests of the child.
Parental earning capacity is a factor to be considered with the best interests of a
child in determining the amount of child support.
Sneckenberg v. Sneckenberg, 9 Neb. App. 609, 616 N.W.2d 68 (2000)
An upward revision of the Nebraska Child Support Guidelines constitutes a
material change of circumstances that can warrant upward modification of a parent‘s
child support obligation, independent of changes in that parent‘s income.
Snodgrass v. Snodgrass, 241 Neb. 43, 486 N.W.2d 215 (1992)
Facts: Dad fell thousands of dollars behind on his child support, despite having an ability to pay
most if not all of what he had been court ordered to pay. After being found in contempt he then
filed an application to modify, claiming inter alia that he should have custody of one of the
children. The court turned him down, ―as the [appellant] is seeking equity from the [appellee]
when he is not in equity himself.” Held: affirmed.
[T]he doctrine of unclean hands in this case does not link the payment of child
support to the rights of a parent to exercise visitation. The two are independent. It is
strictly appellant‘s flagrant and continuing contempt of court which precludes him
from obtaining relief.
- 131 -