Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
student loan that the noncustodial parent could not escape paying, and which credit can be<br />
given for according to case law. The district court affirmed the referee and the State appealed.<br />
Held: this was error.<br />
The guidelines allow deductions for taxes, Social Security, health insurance,<br />
mandatory retirement contributions, and child support for other children. Payments<br />
to a bankruptcy plan are not specifically provided for in the guidelines as a deduction<br />
or credit. See paragraph C(5).<br />
The Court of Appeals has held that a payment to a bankruptcy plan in and of itself is<br />
not sufficient to rebut the presumption that the guidelines should be applied or to<br />
require a deviation from the guidelines to avoid an unjust result. See Lebrato v.<br />
Lebrato, 3 Neb. App. 505, 529 N.W.2d 90 (1995).<br />
From our de novo review of the referee‘s report, we conclude that the referee erred<br />
in allowing a $100 credit for the payments to Dewitt‘s bankruptcy plan. The referee<br />
was not justified in crediting $100 of the bankruptcy plan payment directly against<br />
the child support<br />
<strong>Child</strong> Care<br />
Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992).<br />
child-care costs may be awarded as an incident to child support in a paternity action.<br />
Hamm v. Hamm, 228 Neb. 294, 422 N.W.2d 336 (1988)<br />
The child support guidelines specify that day care expenses are to be considered<br />
independently of the child support amount.<br />
<strong>Child</strong> <strong>Support</strong> & Related<br />
(see also Earning Capacity, Equity, Guidelines, Modification Issues, Temporary <strong>Support</strong>)<br />
Temporary child support – see § 42-357.<br />
§ 42-364 (4) states in part that “<strong>Child</strong> support paid to the party having custody of the minor<br />
child shall be the property of such party except as provided in section 43-512.07.”<br />
With regard to requests for an accounting of child support monies spent by a custodial<br />
parent, see:<br />
42-364. Dissolution or legal separation; decree; parenting plan; children; custody<br />
determination; rights of parents; child support; termination of parental rights; court;<br />
duties; modification proceedings.<br />
…<br />
(6) In determining the amount of child support to be paid by a parent, the court shall consider the<br />
earning capacity of each parent and the guidelines provided by the Supreme Court pursuant to<br />
section 42-364.16 for the establishment of child support obligations. Upon application, hearing,<br />
and presentation of evidence of an abusive disregard of the use of child support money paid by<br />
one party to the other, the court may require the party receiving such payment to file a verified<br />
report with the court, as often as the court requires, stating the manner in which such money is<br />
used.<br />
- 15 -