Child Support Enforcement - Sarpy County Nebraska

Modification of an award of child support is not justified unless the applicant proves
that a material change in circumstances has occurred since the entry of the
decree or a previous modification.
Drew on Behalf of Reed v. Reed, 16 Neb. App. 905, 755 N.W.2d 420 (2008)
Joint physical custody means the child lives day in and day out with both parents
on a rotating basis.
Numerous parenting times with a child do not constitute joint physical custody.
Liberal parenting time does not justify a joint custody child support calculation.
Elsome v. Elsome, 257 Neb. 889, 601 N.W.2d 537 (1999)
Deviations from the child support guidelines are to be ordered with explicitness.
Erica J. v. Dewitt, 265 Neb. 728, 659 N.W.2d 315 (2003)
A court is not justified in crediting $100 of the NCP‘s bankruptcy plan payment
directly against the initial child support that was computed based upon the combined
monthly net income of both parents, in order to reduce the NCP‘s child support
obligation.
Faaborg v. Faaborg; 254 Neb. 501, 576 N.W.2d 826 (1998)
Discusses high income cases, where a party has monthly income exceeding
$10,000. (note: present guidelines address net income up to $15,000 per month)
Gartner v. Hume, 12 Neb. App. 741, 686 N.W.2d 58 (2004)
The main principle behind the Nebraska Child Support Guidelines is to recognize
the equal duty of both parents to contribute to the support of their children in
proportion to their respective net incomes.
Under certain circumstances, an amendment to the Nebraska Child Support
Guidelines can itself be considered a material change in circumstances
warranting modification of a parent‘s child support obligation.
[T]ier II railroad retirement contributions constitute mandatory retirement
contributions and, as such, are deductible under paragraph E(4) of the Guidelines.
Gase v. Gase, 266 Neb. 975, 671 N.W.2d 223 (2003)
Interpretation of the Nebraska Child Support Guidelines presents a question of
law, regarding which an appellate court is obligated to reach a conclusion
independent of the determination reached by the court below.
The owner of a wholly owned subchapter S corporation is self-employed within the
meaning of the child support guidelines.
Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007)
Absent a clearly articulated justification, any deviation from the NCSG is an
abuse of discretion.
(the trial) court abused its discretion if its child support order drives (the noncustodial
parent‘s) income below the poverty line set forth in paragraph R.
(Reviewing) a 3-year average (income) tends to be the most common approach in
cases where a parent‘s income tends to fluctuate. It is not necessary for a court to
look back more than three years.
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