Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Ward v. Ward, 7 Neb. App. 821, 585 N.W.2d 551 (1998)<br />
Holding: Trial court may deduct value of child’s social security benefits adoptive Dad received<br />
for the benefit of the adopted child (on behalf of the child's deceased mother) when calculating<br />
the noncustodial parent’s child support obligation, if it is done correctly. Ruling is limited to its<br />
facts by Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007),which dealt with a handicapped<br />
child. (<strong>Child</strong> in Ward had no special needs requiring an upward deviation in child support)<br />
A representative payee has a responsibility to use Social Security payments he or<br />
she receives for a child only for the use and benefit of the beneficiary in a manner<br />
and for the purposes he or she determines, under the federal guidelines.<br />
For the purposes of determining child support, Social Security payments to a<br />
representative payee for a child are for the use and benefit of the beneficiary if used<br />
for the beneficiary's current maintenance, which includes the cost of food, shelter,<br />
clothing, medical care, and personal comfort items.<br />
A judge may not satisfy his or her duty to act equitably toward all concerned, i.e., the<br />
parties and the children, by blindly following suggested child support guidelines.<br />
(citing Brandt v. Brandt, 227 Neb. 325, 417 N.W.2d 339 (1988))<br />
A court may deviate from the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines whenever the<br />
application of the guidelines in an individual case would be unjust or inappropriate.<br />
It is simply not fair or reasonable to give the custodial parent the benefit of 100% of<br />
the Social Security payments and thus shift most of the burden of supplying the<br />
unprovided support to the noncustodial parent. The guidelines can still be used as a<br />
reliable guide in setting support if the Social Security benefits are considered as<br />
family income but not attributed to either parent, and if they are applied to the<br />
support computed under the guidelines for that income, with the balance prorated to<br />
the parties on the basis of their real incomes. In this way, the total support is<br />
increased in recognition that the family income is greater than the net monthly<br />
earnings of the parents, and the parent who has the legal obligation to support the<br />
child receives the benefit of the government program intended to pay for the support<br />
of the child.<br />
Calculate support this way:<br />
1. Mom’s gross income + Dad’s Gross income = Parental gross income<br />
2. Add value of social security benefits. Sum = New family gross income<br />
3. Calculate family child support amount based on line 2.<br />
4. Deduct social security benefit amount from figure derived from step 3.<br />
5. Arrive at new family support amount.<br />
6. Prorate child support amount from step 5 between the parents based upon their “real” incomes.<br />
Spousal <strong>Support</strong>/Alimony<br />
(See also Modification)<br />
Section 43-1715. Spousal support, defined.<br />
Spousal support shall mean alimony or maintenance support for a spouse or former spouse if the<br />
provision for support is a part of an order, decree, or judgment which provides for child support<br />
and the child and spouse or former spouse are living in the same household.<br />
Source: Laws 1985, Second Spec. Sess., LB 7, § 35<br />
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