Child Support Enforcement - Sarpy County Nebraska

The parent claiming a deduction for health insurance must show that he or she has
incurred an increased cost to maintain the coverage for the children over what it
would cost to insure himself or herself.
Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003)
Under certain circumstances, it may be appropriate for a trial court to consider
subsequently born children of a party when determining child support. This
determination is entrusted to the discretion of the trial court. The party requesting a
deviation from the Nebraska Child Support Guidelines based upon an obligation to
support offspring of a subsequent relationship bears the burden of providing
evidence regarding the obligation, including the income of the other parent of the
child or children of the subsequent relationship.
See also Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001).
Morrill County v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998)
A parent is required to provide his or her child with the basic necessities of life. Both
parents have a duty to support their minor children, and the amount of child support
awarded is a function of the status, character, and situation of the parties.
The primary consideration in determining the level of child support payments is the
best interests of the child.
Nebraska courts have consistently examined a parent‘s earning capacity, as well as
actual wages, to determine child support. This is particularly apposite when a parent
receives valuable benefits which are not paid as cash, and also when a parent
unjustifiably chooses to be underemployed or unemployed. See, also, Nebraska
Child Support Guidelines, paragraph C(5), which allows deviation from application of
the guidelines if application of them would result in an unjust or inappropriate result.
Peter v. Peter, 262 Neb. 1017, 637 N.W.2d 865 (2002)
In using Nebraska Child Support Guidelines to set or modify support, it is inappropriate
and contrary to the best interests of the children to use income
averaging when the obligor‘s income is consistently increasing.
As a general matter, the parties‘ current earnings are to be used in setting support.
Riggs v. Riggs, 261 Neb. 344, 622 N.W.2d 861 (2001)
For purposes of [§ 4-204] of the Nebraska Child Support Guidelines, a “meanstested
public assistance benefit” is a benefit that includes a payment in money, or
by assistance in kind, to, or for the benefit of, a person where (1) the eligibility for the
benefit or (2) the amount of the benefit is determined on the basis of the income or
resources of the recipient, such that the benefit decreases as the recipient‘s income
increases.
The earned income credit under the federal Internal Revenue Code is a meanstested
public assistance benefit under [§ 4-204] of the Nebraska Child Support
Guidelines.
Rutherford v. Rutherford, 277 Neb. 301, 761 N.W.2d 922 (2009)
If a trial court fails to prepare the applicable worksheets, the parties are required
to request that such worksheet be included in the trial court‘s order. Orders for child
support or modification which do not contain such worksheets will on appeal be
summarily remanded to the trial court so that it can prepare the worksheets as
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