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Child Support Enforcement - Sarpy County Nebraska

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Birth related medical expenses remain uncollectable. ―Health insurance‖ is now<br />

defined to include coverage for medical, dental, orthodontic, optometric, substance<br />

abuse, and mental health treatment;<br />

If a court orders a parent to pay cash medical support, it shall be in lieu of, and not<br />

in addition to, requiring the parent to also pay reimbursement for reasonable and<br />

necessary children's health care costs;<br />

If the child is residing with a third party, the court shall order each of the parents to<br />

pay to the third party their respective amounts of child support as determined by the<br />

worksheet.<br />

View <strong>Child</strong> <strong>Support</strong> Guidelines Worksheets and Income Shares Table<br />

§42-364.16 <strong>Child</strong> support guidelines; establishment; use.<br />

The Supreme Court shall provide by court rule, as a rebuttable presumption, guidelines for the<br />

establishment of all child support obligations. <strong>Child</strong> support shall be established in accordance<br />

with such guidelines, which guidelines are presumed to be in the best interests of the child,<br />

unless the court finds that one or both parties have produced sufficient evidence to rebut the<br />

presumption that the application of the guidelines will result in a fair and equitable child support<br />

order.<br />

Source: Laws 1985, Second Spec. Sess., LB 7, § 18; Laws 1994, LB 1224, § 46.<br />

§ 4-203 of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines specifically declares that: “All orders for<br />

child support, including modifications, must include a basic income and support calculation<br />

worksheet” from the child support guidelines. [This is now absolutely mandatory!!!]<br />

§ 4-203 of the <strong>Nebraska</strong> <strong>Child</strong> <strong>Support</strong> Guidelines also states, in part:<br />

All orders for child support obligations shall be established in accordance with the provisions<br />

of the guidelines unless the court finds that one or both parties have produced sufficient<br />

evidence to rebut the presumption that the guidelines should be applied. All stipulated<br />

agreements for child support must be reviewed against the guidelines and if a deviation exists<br />

and is approved by the court, specific findings giving the reason for the deviation must be<br />

made.<br />

√ Note: Attorney Kent Schroeder, of Kearney, produces a low cost CD <strong>Child</strong> <strong>Support</strong> Calculator program,<br />

which is easy to install and use on any Windows based computer. Contact Kent at kschroeder@nebraska.edu<br />

or 1-800-657-2131 for further information. Attorney Adam Astley, 402-344-4000, has also developed an Internet<br />

based program.<br />

Bevins v. Gettman, 13 Neb. App. 555, 697 N.W.2d 698 (2005)<br />

A stipulation for child support is not binding on the court.<br />

A stipulation voluntarily entered into…will be respected and enforced by the courts<br />

when such stipulation is not contrary to sound public policy.<br />

Generally, settlements in domestic cases are binding on the court unless<br />

unconscionable, but …terms of a settlement concerning support and custody of<br />

children are excepted from that rule. (Citing Walters v. Walters, 12 Neb. App. 340,<br />

673 N.W.2d 585 (2004)).<br />

Public policy at work here is well established-that the child support guidelines control<br />

the setting of child support, including whether there are grounds for a deviation.<br />

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