Child Support Enforcement - Sarpy County Nebraska

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State v. Porter, 259 Neb. 366, 610 N.W.2d 23 (2000) When earning capacity is used as a basis for an initial determination of child support under the Nebraska Child Support Guidelines, there must be some evidence that the parent is capable of realizing such capacity through reasonable effort. When an individual is incarcerated at the time initial child support is determined, the individual‘s preincarceration earnings cannot be considered. Income “from all Sources…” Disposable income, defined. Disposable income shall mean that part of the income of any individual remaining after the deduction from such income of any amounts required by law to be withheld, excepting the amounts required to be deducted and withheld pursuant to the Income Withholding for Child Support Act or those provisions of law allowing garnishment, attachment, or execution. Source: Laws 1985, Second Spec. Sess., LB 7, § 27. §43-1711 Income, defined. Income shall mean (1) compensation paid, payable, due, or to be due for personal services, whether denominated as wages, salary, earnings, income, commission, bonus, or otherwise, and shall include any periodic payments pursuant to a pension or a retirement program and dividends, and (2) any other income from whatever source derived. Source: Laws 1985, Second Spec. Sess., LB 7, § 31; Laws 1993, LB 523, § 13 Total Monthly Income is defined as the ―income of both parties derived from all sources, except all means-tested public assistance benefits and payments received for children of prior marriages.‖ – Nebraska Child Support Guidelines, §4-204 A note about Military Pay and Benefits: Members of the military are often eligible for multiple types of pay, including base pay, BAS (Basic Allowance for Subsistence) and BAH (Basic Allowance for Housing). While base pay and other types of pay (incentive pay, enlistment bonuses, hardship duty pay, to name a few) are taxable income, BAH and BAS are not. See the following IRS publication for a complete breakdown: www.irs.gov/publications/p3/ar02.html#en_US_publink100095947 All veterans benefits, of whatever type or source, are tax EXEMPT. See www.military.com/veterans-report/veterans-benefits-not-taxable. These non-taxable benefits include education, training and subsistence allowances; disability compensation and pension payments for disabilities; grants for homes designed for wheelchair living; grants for motor vehicles for veterans who lost their sight or the use of their limbs; veterans' insurance proceeds and dividends; benefits under a dependentcare assistance program; and payments made under the compensated work therapy program. Tax information for members of the military is available on the IRS website. A link to DFAS and military pay charts is available here> www.dfas.mil/dfas.html Brockman v. Brockman, 264 Neb. 106, 646 N.W.2d 594 (2002) [F]ood stamps are means-tested public assistance benefits that are excluded from income pursuant to paragraph D of the Guidelines. - 88 -
Dueling v. Dueling, 257 Neb. 862, 601 N.W.2d 516 (1999) All income from employment, whether full time or part time, must be included in the initial calculation, which then becomes a rebuttable presumption of appropriate support. A parent who believes that the inclusion of certain income would be unjust or inappropriate may rebut the presumption by offering evidence in support of his or her position that a deviation from the guidelines is warranted for that reason. A determination of whether to include income from a second job should be made on a case-by-case basis, in the context of whether deviation from the guidelines by exclusion of such income is necessary to achieve a fair and equitable child support order. Relevant considerations include the previous history of employment, the qualifications for the second job, the extent to which the parent may be under employed in the primary job, the health of the individual, the needs of the family, the rigors of the primary job and the second job, and all other circumstances. See Cochran v. Cochran, 14 Va. App. 827, 419 S.E.2d 419 (1992). There is a presumption that income from multiple jobs should be included in determining a child support obligor‘s child support obligation, unless the presumption is rebutted. Gangwish v. Gangwish, 267 Neb. 901, 678 N.W.2d 503 (2004) We have not set forth a rigid definition of what constitutes ―income,‖ but have instead relied on a flexible, fact-specific inquiry that recognizes the wide variety of circumstances that may be present in child support cases. Workman v. Workman, 262 Neb. 373, 632 N.W.2d 286 (2001). Thus, income for the purpose of child support is not necessarily synonymous with taxable income. Gase v. Gase, 266 Neb. 975, 671 N.W.2d 223 (2003); Rhoades v. Rhoades, 258 Neb. 721, 605 N.W.2d 454 (2000); Rauch v. Rauch, 256 Neb. 257, 590 N.W.2d 170 (1999). We take a flexible approach in determining a person‘s ―income‖ for purposes of child support, because child support proceedings are, despite the child support guidelines, equitable in nature. Thus, a court is allowed, for example, to add “inkind” benefits derived from an employer or third party to a party‘s income. See also Workman v. Workman, 262 Neb. 373, 632 N.W.2d 286 (2001). Equity allows a court to disregard the corporate veil when necessary to do justice. Gase v. Gase, 266 Neb. 975, 671 N.W.2d 223 (2003) While the decision to participate in a retirement plan may be voluntary in the first instance, where contributions made to the plan thereafter become mandatory, the minimum contribution required by the plan in effect at the time child support is calculated is deducted from income in determining a party‘s net income. Gress v. Gress, 274 Neb. 686, 743 N.W.2d 67 (2007) Issue: How many years back should a court go in averaging income of parents with fluctuating income. As a general matter, in the determination of child support, income from a selfemployed individual is determined by looking to that person‘s tax returns. - 89 -
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Happy 2012! In The News: Unicameral
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Table of Contents:* * (accessible v
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Table of Contents (continued): Pare
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A Note for Legal Practitioners: Mem
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Overview/ IV-D Attorney Duty Gangwi
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appear to him [or her] legal and ju
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―the Court draws a distinction be
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otherwise provided in sections 25-2
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State ex rel. Lemon v. Gale, 272 Ne
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disobedience as an essential elemen
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student loan that the noncustodial
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only if it shall find and determine
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Emery v. Moffett, 269 Neb. 867, 697
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$60,000+ in retro support for 17 ye
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month by said clerk in cases in whi
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concerning the proceedings in the a
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Minimum Contacts. An act of sexual
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[UIFSA] Section 42-742(a)(5) clearl
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In the case of People v. Lucero, 74
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A court may not impose punishment
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Contempt What follows is a discussi
Page 43 and 44: waived sovereign immunity, the juve
Page 45 and 46: A parent has no right to insist upo
Page 47 and 48: usiness realities, the amount of th
Page 49 and 50: 9, of the Nebraska Constitution, bo
Page 51 and 52: Drew on Behalf of Reed v. Reed, 16
Page 53 and 54: Absent circumstances which justify
Page 55 and 56: Welch v. Welch, Jr., 246 Neb. 435,
Page 57 and 58: guardian ad litem to represent the
Page 59 and 60: Clymer v. La Velle, 194 Neb. 91, 23
Page 61 and 62: Duty to Support; Duration of Suppor
Page 63 and 64: Finnern v. Bruner, 167 Neb. 281, 92
Page 65 and 66: Henke v. Guerrero, 13 Neb. App. 337
Page 67 and 68: Millatmal v. Millatmal, 272 Neb. 45
Page 69 and 70: 24A Am. Jur. 2d Divorce and Separat
Page 71 and 72: the tax exemptions. [The noncustodi
Page 73 and 74: obligation, should generally apply
Page 75 and 76: ―[C]oncerns regarding the stigma
Page 77 and 78: (3) The court shall apply the statu
Page 79 and 80: (d) If, at any time in the proceedi
Page 81 and 82: Birth related medical expenses rema
Page 83 and 84: Brockman v. Brockman, 264 Neb. 106,
Page 85 and 86: Daycare and medical reimbursement o
Page 87 and 88: equired by the guidelines. Such req
Page 89 and 90: health care coverage to be provided
Page 91 and 92: Given that the agreement sets forth
Page 93: Newer Case Law re. Incarceration an
Page 97 and 98: has no control over should not be c
Page 99 and 100: Any employer who shall fail or refu
Page 101 and 102: §43-1718.01. Obligor; subject to i
Page 103 and 104: such notice bears to the total amou
Page 105 and 106: forward the child support payment.
Page 107 and 108: Servicemembers Civil Relief Act of
Page 109 and 110: Judgments (see also Jurisdiction) 2
Page 111 and 112: (3) The individual resided with the
Page 113 and 114: ―in a proceeding under the Nebras
Page 115 and 116: Juvenile Court Many headaches are c
Page 117 and 118: § 43-3319 License holder; motion o
Page 119 and 120: distributions to the judgment for $
Page 121 and 122: appellate court tries factual quest
Page 123 and 124: Note: In response to a new federal
Page 125 and 126: §43-512.14. Title IV-D child suppo
Page 127 and 128: adduce evidence of any inequity tha
Page 129 and 130: Non-custodial parent who lost high
Page 131 and 132: Lamb v. Lamb, 14 Neb. App. 337, 707
Page 133 and 134: trouble at work and resigned his jo
Page 135 and 136: Riggs v. Riggs, 261 Neb. 344, 622 N
Page 137 and 138: not, under the circumstances presen
Page 139 and 140: Wilson v. Wilson, 19 Neb. App. 103,
Page 141 and 142: §43-512. Application for assistanc
Page 143 and 144: §43-1406 Determination of paternit
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(4) All judgments under this sectio
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Carlson v. Bartels, 143 Neb. 680, 1
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as to the paternity of the minor ch
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Snodgrass v. Snodgrass, 241 Neb. 43
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Quirks, Oddities and other Practice
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Note: Additional resources relating
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egular contact with the child. Comp
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Cooper v. Cooper, 8 Neb. App. 532,
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into or born into these relationshi
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Moore v. Bauer, 11 Neb. App. 572, 6
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parents; child support; termination
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(B) the servicemember has a meritor
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Ward v. Ward, 7 Neb. App. 821, 585
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specifically finds that conformity
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[A] petition to modify alimony will
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Hall v. Hall, 238 Neb. 686, 472 N.W
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interests of a child are served by
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Source: Laws 1993: LB 500, § 22.
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seeks modification in the respondin
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§ 42-745 Effect of registration fo
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… First, we properly look to the
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Neither of the parties is authorize
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the purpose of that litigation, all
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and that the child's best interests
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D. Unless otherwise agreed to, inte
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(E) Any order for support presented
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Unicameral Update (A daily report o
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services. Under LB 288, cash medica
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BAH FAQ - http://perdiem.hqda.penta
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Daily Legal Newswire - www.law.com/
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Above All Else: Keep your sense of
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Child Support Enforcement - Sarpy County Nebraska

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