Child Support Enforcement - Sarpy County Nebraska

State on Behalf of Martinez v. Martinez-Ibarra, 281 Neb. 547, ____ N.W.2d ____
(May 2011)
The child support guidelines do not allow for a deduction on Worksheet #1 for cash
medical support. But see changes to the guidelines effective Sept. 1, 2011, that do!
The requirement that the custodial parent pay the first $480 of nonreimbursed
medical expenses per year does not serve to reduce the amount of cash medical
support ordered.
Stuczynski v. Stuczynski, 238 Neb. 368, 471 N.W.2d 122 (1991)
The child support guidelines set out a rebuttable presumption of a fair and equitable
child support order.
Wilkins v. Wilkins, 269 Neb. 937, 697 N.W.2d 280 (2005)
The twists and turns in the facts of this case are far too long to repeat here.
Any deviation from the guidelines must take into consideration the best interests
of the children.
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.
Whether a child support order should be retroactive is entrusted to the discretion of
the trial court and will be affirmed absent an abuse of discretion.
Willcock v. Willcock, 12 Neb. App. 422, 675 N.W.2d 721 (2004)
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.
Workman v. Workman, 262 Neb. 373, 381, 632 N.W.2d 286, 294 (2001)
This court has not set forth a rigid definition of what constitutes ―income,‖ but has
instead relied on a flexible, fact-specific inquiry that recognizes the wide variety of
circumstances that may be presented in child support cases.
The reasonable contributions of a parent‘s new spouse to household expenses should
not be included in the parent‘s gross income for purposes of determining child support,
but may be considered in determining whether the circumstances warrant a deviation
from the Guidelines.
Health Insurance/Cash Medical Support
(See also Medicaid Reimbursement/ Medical Support)
§42-369
. . .
(2) (a) If the party against whom an order, decree, or judgment for child
support is entered or the custodial party has health insurance available to him
or her through an employer, organization, or other health insurance entity
which may extend to cover any children affected by the order, decree, or
judgment and the health care coverage is accessible to the children and is
available to the responsible party at reasonable cost, the court shall require
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