Child Support Enforcement - Sarpy County Nebraska

equired by the guidelines. Such requirement is set forth in this court‘s rules. [§4-
203}
Under the guidelines, a deviation in the amount of child support is allowed
―‗whenever the application of the guidelines in an individual case would be unjust or
inappropriate.‘‖
―Deviations from the guidelines must take into consideration the best interests of
the child.‖
In the event of a deviation from the guidelines, the trial court should ―state the
amount of support that would have been required under the guidelines absent the
deviation and include the reason for the deviation in the findings portion of the
decree or order, or complete and file worksheet 5 in the court file.‖
The guidelines provided that a parent who requests an adjustment in child support
for health insurance premiums ―must submit proof of the cost of the premium.‖
Sears v. Larson, 259 Neb. 760, 612 N.W.2d 474 (2000)
Paragraph C (5) [now § 4-203 (E)] of the guidelines allows a trial court in an
appropriate case to deviate from the guidelines to allow a deduction from income
based on a parent‘s student loan payment. [§4-203] of the guidelines provides that
the guidelines shall be applied as a rebuttable presumption. However, pursuant to
[§4-203 (E)], deviations from the guidelines are permissible ―whenever the
application of the guidelines in an individual case would be unjust or inappropriate.‖
Smith-Helstrom v. Yonker, 249 Neb. 449, 544 N.W.2d 93 (1996)
The proper amount of child support is determined not necessarily by a parent‘s
earnings, but by a parent‘s earning capacity.
Sneckenberg v. Sneckenberg, 9 Neb. App. 609, 616 N.W.2d 68 (2000)
[A]n upward revision of the guidelines constitutes a material change of
circumstances that can warrant upward modification of a parent‘s child support
obligation, independent of changes in that parent‘s income.
Snyder v. Chandler, No. A-00-460 (Not designated for permanent publication, 2001)
[§ 4-218] prohibits the setting of child support payments which will reduce a parent‘s net
monthly income below a certain amount and further provides that the $50 minimum
payment provided for in [§ 4-209] is permissive and within the trial court‘s discretion. See
Neb. Rev. Stat. §49-802(1)
State v. Oglesby, 244 Neb. 880, 510 N.W.2d 53 (1994)
Facts: Mother got pregnant out of wedlock in 1976. Child born in 1977 and had little contact
with bio father. Mother did not want bio father in the child’s life. Nearly thirteen years later
mother went on state assistance and state filed paternity action. Father shown to be bio dad
and trial court sets support in strict compliance with child support guidelines, giving no
consideration to the fact that father was supporting his family of 5 on just his paychecks. Held:
strict compliance with child support guidelines would be inequitable under the facts of this case.
… the support ordered by the court in this case gives no consideration at all to the
present children, we find that the trial court abused its discretion in not first
determining that, under the particular facts of this case, the strict application of the
guidelines would be unjust or inappropriate, as set out in the Nebraska Child
Support Guidelines, paragraph C(5).
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