Child Support Enforcement - Sarpy County Nebraska

Daycare and medical reimbursement obligations are also subject to paragraph R's
[ now § 4-218‘s] basic subsistence limitation.
Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)
The Nebraska Child Support Guidelines provide that in calculating the amount of
support to be paid, a court must consider the total monthly income, defined as the
income of both parties derived from all sources, except all means-tested public
assistance benefits. Social Security disability insurance program benefits are not
means-tested public assistance benefits, but are based on prior earnings of the
recipient, not on the financial need of the recipient.
A noncustodial parent is entitled to credit against a monthly child support obligation
for Social Security benefits paid to his or her minor child as a result of the
noncustodial parent‘s disability.
In re Interest of Tamika S. et al., 3 Neb. App. 624, 529 N.W.2d 147 (1995)
The Nebraska Child Support Guidelines apply in juvenile cases where child support
is ordered.
Jensen v. Jensen, 275 Neb. 921, 750 N.W.2d 335, (2008)
[W]e have never held that the absence of a child support worksheet provides a
basis for a collateral attack on a final judgment. Once the [child support] order
became final, even without a worksheet, it was enforceable.
Kearney v. Kearney, 11 Neb. App. 88, 644 N.W.2d 171 (2002)
A court may deviate from the Nebraska Child Support Guidelines whenever the
application of the guidelines in an individual case would be unjust or inappropriate.
Lebrato v. Lebrato, 3 Neb. App. 505, 529 N.W.2d 90 (1995)
A payment to a bankruptcy plan in and of itself is not sufficient to rebut the
presumption that the guidelines should be applied or to require a deviation from the
guidelines to avoid an unjust result.
Lucero v. Lucero, 16 Neb. App. 706, 750 N.W.2d 377 (2008)
[§ 4-203] of the Nebraska Child Support Guidelines provides that all stipulated
agreements for child support must be reviewed against the guidelines and if a
deviation exists and is approved by the court, specific findings giving the reason for
the deviation must be made.
[§ 4-212] of the Nebraska Child Support Guidelines provides that when a specific
provision for joint physical custody is ordered and each party‘s parenting time
exceeds 142 days per year, it is a rebuttable presumption that support shall be
calculated using worksheet 3. Paragraph L of the Nebraska Child Support
Guidelines provides that when a specific provision for joint physical custody is
ordered and one party‘s parenting time is 109 to 142 days per year, the use of
worksheet 3 to calculate support is at the discretion of the court.
[§ 4-210] of the Nebraska Child Support Guidelines provides that when there are
visitation or parenting time periods of 28 days or more in any 90-day period, support
payments may be reduced by up to 80 percent.
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