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Child Support Enforcement - Sarpy County Nebraska

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Given that the agreement sets forth two specific types of expenses that are to be<br />

included as medical expenses, had the parties intended dental expenses to be included<br />

as part of medical expenses, they would have stated so in the agreement.<br />

The term ―medical expenses‖ found in an agreement in contemplation of dissolution of<br />

marriage, which was incorporated into the decree, is clear and unambiguous and does<br />

not include dental expenses for the minor children.<br />

Druba v. Druba , 238 Neb. 279, 470 N.W.2d 176 (1991)<br />

It is obvious that in this day and age, if a parent does not wish to provide such<br />

[health] insurance for his children, that parent must be ready to pay for health care<br />

for the children.<br />

Henke v. Guerrero, 13 Neb. App. 337, 692 N.W.2d 762 (2005)<br />

Because paragraph O [now § 4-215] of the child support guidelines provides that<br />

―either parent‖ must carry health insurance on the child, the trial court had discretion<br />

in determining which parent should pay for it.<br />

[P]aragraph O of the child support guidelines, regarding health insurance, is subject<br />

to paragraph R [now § 4-218] of the guidelines, the basic subsistence limitation<br />

guideline. Kearney v. Kearney, 11 Neb. App. 88, 644 N.W.2d 171 (2002). In other<br />

words, if making the parent pay part of uncovered medical expenses would cause<br />

them to fall below the federal poverty guidelines, then the court cannot make them<br />

pay a portion of uncovered medical expenses.<br />

Rutherford v. Rutherford, 277 Neb. 301, 761 N.W.2d 922 (2009)<br />

The guidelines provided that a parent who requests an adjustment in child support<br />

for health insurance premiums ―must submit proof of the cost of the premium.‖<br />

State on Behalf of Martinez v. Martinez-Ibarra, 281 Neb. 547, ____ N.W.2d ____<br />

(May 2011)<br />

The child support guidelines do not allow for a deduction on Worksheet #1 for cash<br />

medical support.<br />

The requirement that the custodial parent pay the first $480 of nonreimbursed<br />

medical expenses per year does not serve to reduce the amount of cash medical<br />

support ordered.<br />

Ward v. Ward, 7 Neb. App. 821, 585 N.W.2d 551 (1998)<br />

Pursuant to subsection (2) of this section, in a divorce case, a judge may not order<br />

both parties to provide health insurance for the child or children, but must direct<br />

which party shall provide such insurance.<br />

Incarceration<br />

Up until 2008 the law in <strong>Nebraska</strong> absolutely prohibited an incarcerated<br />

prisoner from returning to court to seek a reduction in his or her ongoing monthly<br />

child support obligation due solely to the fact that the obligated parent was<br />

incarcerated and unable to work as they did prior to their incarceration. The case<br />

law below reflects this long legacy of refusing to award people for their own bad<br />

behavior. However, recently the legislature has amended <strong>Nebraska</strong> law to allow for<br />

parents who are incarcerated for long periods of time to successfully seek downward<br />

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