Child Support Enforcement - Sarpy County Nebraska

Brockman v. Brockman, 264 Neb. 106, 646 N.W.2d 594 (2002)
[F]ood stamps are means-tested public assistance benefits that are excluded from
income pursuant to [§ 4-204] of the Guidelines.
Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001)
The guidelines offer flexibility and guidance, with the understanding that not every
child support scenario will fit neatly into the calculation structure.
There is no precise mathematical formula applicable to situations where a court
deviates from the guidelines when children from subsequent relationships are
involved. Subsequent familial relationships vary widely from case to case.
When a deviation from the guidelines is appropriate, the trial court should
consider both parents‘ support obligations to all children involved in the
relationships. In considering the obligation to those subsequent children, the trial
court should take into consideration the income of the other parent of these children
as well as any other equitable considerations.
When a trial court deviates from the child support guidelines in setting support,
the court shall also state the amount of support that would have been required
under the guidelines, absent the deviation. The reason for the deviation should also
be stated, and/or the court should create worksheet 5 from the guidelines and file it
in the court file. (See also Rutherford v. Rutherford, 277 Neb. 301 (Feb. 2009).
Claborn v. Claborn, 267 Neb. 201, 673 N.W.2d 533 (2004)
[§ 4-204] of the guidelines also 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.
Coffey v. Coffey, 11 Neb. App. 788, 661 N.W.2d 327 (2003)
Alimony paid to the non-custodial parent by the custodial parent is not income
for purposes of calculating the child support obligation of the non-custodial parent.
Kelly v. Kelly, 2 Neb. App. 399, 510 N.W.2d 90 (1993), reversed on other grounds
246 Neb. 55, 516 N.W.2d 612 (1994).
Because alimony is not properly considered as income when child support is
established, the cessation of alimony cannot be considered a diminution in income
when determining whether there has been a material change of circumstances
justifying a modification of child support. See also Gallner v. Hoffman, 264 Neb.
995, 653 N.W.2d 838 (2002)
Czaplewski v. Czaplewski, 240 Neb. 629, 483 N.W.2d 751 (1992)
Wilkins v. Wilkins, 269 Neb. 937, 697 N.W.2d 280 (2005)
Child support guidelines are just that – guidelines. A trial judge does not satisfy
his duty to equitably determine child support by blindly following suggested
guidelines. The court may deviate from the guidelines where one or both parties
have provided sufficient evidence to rebut the presumption that the guidelines
should be applied.
Trial court‘s allowance for the father‘s present family when determining child
support for the previous family is allowed.
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