Child Support Enforcement - Sarpy County Nebraska

Both parents have a duty to support their minor children, and the amount of child
support awarded is a function of the status, character, and situation of the parties.
The primary consideration in determining the level of child support payments is the
best interests of the child.
Nebraska courts have consistently examined a parent‘s earning capacity, as well as
actual wages, to determine child support. This is particularly apposite when a parent
receives valuable benefits which are not paid as cash, and also when a parent
unjustifiably chooses to be underemployed or unemployed. See, also, Nebraska
Child Support Guidelines, paragraph C(5), which allows deviation from application of
the guidelines if application of them would result in an unjust or inappropriate result.
See Guidelines § 4-203 and § 4-204
State on Behalf of J. R. v. Mendoza, 240 Neb. 149, 481 N.W.2d 165 (1992)
Stepparent must legally support minor child living in his/her home. Obligation ends
when child emancipates, or when stepparent becomes divorced from parent of child.
See Neb. Rev. Stat. §28-705(1)
Sylvis v. Walling, 248 Neb. 168, 532 N.W.2d 312 (1995).
The duty to support one‘s child begins at birth.
Willers v. Willers, 255 Neb. 769, 587 N.W.2d 390 (1998)
We … find that the parental duty to support minor children can be enforced
retroactively to the date of the divorce decree where a child is born in wedlock, the
parents are subsequently divorced, but the divorce decree is silent on the issue of
child support.
Earning Capacity
Claborn v. Claborn, 267 Neb. 201, 673 N.W.2d 533 (2004)
Paragraph D [now § 4-204] of the guidelines provides that if applicable, earning
capacity may be considered in lieu of a parent‘s actual, present income and may
include factors such as work history, education, occupational skills, and job
opportunities.
Cooper v. Cooper, 8 Neb. App. 532, 598 N.W.2d 474 (1999)
the trial court did not abuse its discretion when considering the earning capacity of a
mother, who chose to work only part time in order to spend more time with her
children, rather than her actual income when no specific evidence showed an
inability to spend adequate time with the children while she was working 40 hours
per week.
Dworak v. Fugit, 1 Neb. App. 332, 495 N.W.2d 47 (1992)
Holding: Earning capacity, and not mere income, is what a court should focus on
The amount of child support awarded is a function of the status, character, and
situation of the parties…. The primary consideration in determining the level of child
support payments is the best interests of the child.
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