Child Support Enforcement - Sarpy County Nebraska

Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)
Child support may be based on a parent‘s earning capacity when a parent voluntarily
leaves employment and a reduction in that parent‘s support obligation would
seriously impair the needs of the children.
Earning capacity may be used as a basis for an initial determination of child support
under the Nebraska Child Support Guidelines where evidence is presented that the
parent is capable of realizing such capacity through reasonable effort.
Lainson v. Lainson, 219 Neb. 170, 362 N.W.2d 53 (1985)
Earning capacity, as used in [§ 42-364 (4)], means the overall capability of a parent
to make child support payments based on the overall situation of the parent making
such payments, including investment income, and is not limited to the ability to
earn a wage.
Mehne v. Hess, 4 Neb. App. 935, 553 N.W.2d 482 (1996)
The entire net amount received from personal injury settlement award constituted
income for child support purposes.
Rauch v. Rauch, 256 Neb. 257, 590 N.W.2d 170 (1999)
The guidelines provide that if applicable, earning capacity may be considered in lieu
of a parent‘s actual, present income. Nebraska Child Support Guidelines, paragraph
D. This is especially true when it appears that the parent is capable of earning more
income than is presently being earned. See also Gangwish v. Gangwish, 267
Neb. 901, 678 N.W.2d 503 (2004).
The court did not abuse its discretion when it deviated from the guidelines by not
considering farming losses when calculating the noncustodial parent‘s monthly
income.
Robbins v. Robbins, 3 Neb. App. 953, 536 N.W.2d 77 (1995)
Basing the child support on the speculation of a future job and income is contrary
to the dictates of the guidelines.
State v. Porter, 259 Neb. 366, 610 N.W.2d 23 (2000)
Pursuant to [§42-364 (4)], when earning capacity is used as a basis for an initial
determination of child support under the Nebraska Child Support Guidelines, there
must be some evidence that the parent is capable of realizing such capacity through
reasonable effort.
Emancipation & Related
42-371.01. Duty to pay child support; termination, when; procedure; State Court Administrator;
duties.
(1) An obligor's duty to pay child support for a child terminates when (a) the child
reaches nineteen years of age, (b) the child marries, (c) the child dies, or (d) the child is
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