Child Support Enforcement - Sarpy County Nebraska

(Reviewing) a 3-year average (income) tends to be the most common approach in
cases where a parent‘s income tends to fluctuate. It is not necessary for a court to
look back more than three years.
Henderson v. Henderson, 264 Neb. 916, 653 N.W.2d 226 (2002)
The Nebraska Child Support Guidelines provide that in calculating the amount of
support to be paid, a court must consider the total monthly income, defined as the
income of both parties derived from all sources, except all means-tested public
assistance benefits. Social Security disability insurance program benefits are not
means-tested public assistance benefits, but are based on prior earnings of the
recipient, not on the financial need of the recipient.
Mehne v. Hess, 4 Neb. App 935, 553 N.W.2d 482 (1996)
Entire net mount received from personal injury settlement award constitutes income
for child support purposes
Simpson v. Simpson, 275 Neb. 152, 744 N.W.2d 710 (2008)
Paragraph D [now § 4-204] of the Nebraska Child Support Guidelines defines total
monthly income as income ―derived from all sources, except all means-tested public
assistance benefits which includes any earned income tax credit and payments
received for children of prior marriages.‖ The guidelines are very specific — all
income from all sources is to be included except for those incomes specifically
excluded. Not excluded under the guidelines is compensation meant to offset a
spouse‘s increased cost of living while residing in a different locale. We conclude,
therefore, that … expatriate compensation is income for purposes of support
calculations.
But…
Under the facts of this case, we cannot say that the district court abused its
discretion when it determined that Robert‘s expatriate compensation is not
reasonably available for child support payments.
State o/b/o Joseph F. v. Rial, 251 Neb. 1, 554 N.W.2d 769 (1996)
It is appropriate to consider overtime wages in setting child support if the overtime
is a regular part of the employment and the employee can actually expect to
regularly earn a certain amount of income for working overtime.
Stuczynski v. Stuczynski, 238 Neb. 368, 471 N.W.2d 122 (1991)
A party obligated to furnish child support is not required to undertake two separate
employments when the party has one full-time job. A spouse with a full-time job,
which job also furnishes substantial overtime,
may not be required to work at a second job to
furnish child support.
Deviations are permissible under circumstances
enumerated in the guidelines, including,
―whenever the application of the guidelines in
an individual case would be unjust or
inappropriate.‖ Nebraska Child Support
Guidelines, § 4-203 (E).
speculative income that the husband employee
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