Child Support Enforcement - Sarpy County Nebraska

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Robbins v. Robbins, 3 Neb App. 953, 536 N.W.2d 77 (1995) Findings regarding an employee’s level of income should not be based on the inclusion of income that is entirely speculative in nature and over which the employee has little or no control. 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 has no control over should not be considered for purposes of setting child support Workman v. Workman, 262 Neb. 373, 632 N.W.2d 286 (2001) If the moving party, i.e., the party seeking to have a particular source of support included as income under the Nebraska Child Support Guidelines, shows that the nonmoving party earns or can reasonably expect to earn a certain amount of income on a regular basis, a rebuttable presumption of including such income arises under the guidelines. - 98 -
The Nebraska Supreme 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 cohabitant 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 Nebraska Child Support Guidelines. Income Withholding/ Employer Services Automatic income withholding was the best development in the child support world since the founding of the Republic. More child support is collected via income withholding orders than all other forms of enforcement combined! Over the years it has lost the stigma of being evidence of a deadbeat parent. Since 1993 income withholding has generally been required in ALL Nebraska child support cases, unless the court explicitly finds grounds not to require it. Of course income withholding does not work when the obligated parent is self employed, and it may not work perfectly when the obligated parent has only part-time employment. Still, it is worth its weight in gold. Cited below are some of the more important statutes on the subject. A helpful federal link for employers, explaining the income withholding forms in detail, can be found at: www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm § 42-364.01. Child support; withholding of earnings; court; powers. In any proceeding when a district court, county court, or separate juvenile court has ordered, temporarily or permanently, a parent, referred to as parent-employee in sections 42-364.01 to 42- 364.12, to pay any amount for the support of a minor child, that court shall, following application, hearing, and findings, as required by sections 42-364.02 to 42-364.12, order the employer of such parent: (1) To withhold, from the parent-employee’s nonexempt, disposable earnings presently due and to be due in the future, such amounts as shall reduce and satisfy the parent-employee’s previous arrearage in child support payments arising from the parent-employee’s failure to comply fully with an order previously entered to pay child support, the parent-employee’s obligation to pay child support as ordered by the court as such obligation accrues in the future; (2) To pay to the parent-employee, on his or her regularly scheduled payday such earnings then due which are not ordered withheld; (3) To deduct from the sums so withheld an amount set by the court, but not to exceed two dollars and fifty cents in any calendar month, as compensation for the employer’s reasonable cost incurred in complying with such order; (4) To remit within seven calendar days after the date the obligor is paid such sums withheld, less the deduction as allowed by the court pursuant to subdivision (3) of this section, to the State Disbursement Unit; (5) To refrain from dismissing, demoting, disciplining, and in any way penalizing the parentemployee on account of the proceeding to collect child support, on account of any order or orders entered by the court in such proceeding, and on account of employer compliance with such order or orders; and (6) To notify in writing the clerk of the court entering such order of the termination of the employment of such parent-employee, the last-known address of the parent-employee, and the name and address of the parent-employee’s new employer, if known, and to provide such written notification within thirty days after the termination of employment. Source: Laws 1974, LB 1015, § 6; Laws 1983, LB 371, § 4; Laws 2000, LB 972, § 12. - 99 -
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The Unicameral remains in session u
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Table of Contents:* * (accessible v
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Table of Contents (continued): Mili
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A Note for Legal Practitioners: Mem
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Secondly, I have taken the approach
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sections, the county attorney or au
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final court-ordered determination t
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clerk of the district court in whic
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(1) In proceedings under sections 4
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Nebraska courts, through their inhe
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place. This recommendation recogniz
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(4) Orders, decrees, and judgments
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Mother apparently consents to this
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Johnson v. Johnson, 215 Neb. 689, 3
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stand dismissed without prejudice a
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This case includes an excellent sum
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Koch v. Koch, 226 Neb. 305, 312, 41
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We conclude that the state was not
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Modifying the amounts awarded to a
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[P]ublic policy forbids enforcement
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Carroll v. Moore, 228 Neb. 561, 423
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(3) … A rebuttable presumption of
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Lenz v. Lenz, 222 Neb. 85, 382 N.W.
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Finally, we conclude that for futur
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(7) Criminal nonsupport is a Class
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A mother’s testimony that one is
Page 53 and 54: Neither of the parties is authorize
Page 55 and 56: In guardianship termination proceed
Page 57 and 58: Weinand v. Weinand, 260 Neb. 146, 6
Page 59 and 60: verification forms instead of tax r
Page 61 and 62: State v. Cummings, 2 Neb. App. 820,
Page 63 and 64: Where parents of the child are sepa
Page 65 and 66: any unpaid child support obligation
Page 67 and 68: Henderson v. Henderson, 264 Neb. 91
Page 69 and 70: (0,1,2,or 3+) and how much “earne
Page 71 and 72: Earning capacity may be used as a b
Page 73 and 74: esponding state is modifying a supp
Page 75 and 76: [T]he duration of the support oblig
Page 77 and 78: A future payment of child support i
Page 79 and 80: Such a credit clause does not viola
Page 81 and 82: State on behalf of L.L.B. v. Hill,
Page 83 and 84: (1) That withholding is not proper
Page 85 and 86: Source: Laws 1974, LB 354, § 226,
Page 87 and 88: In re Interest of Lakota Z. & Jacob
Page 89 and 90: Note: In July 2008 the Federal Chil
Page 91 and 92: Erica J. v. Dewitt, 265 Neb. 728, 6
Page 93 and 94: Moore v. Bauer, 11 Neb. App. 572, 6
Page 95 and 96: Sears v. Larson, 259 Neb. 760, 612
Page 97 and 98: health care coverage is not availab
Page 99 and 100: Druba v. Druba , 238 Neb. 279, 470
Page 101 and 102: Rouse v. Rouse, 18 Neb. App. 128, 7
Page 103: There is a presumption that income
Page 107 and 108: §42-364.12 Child support; withhold
Page 109 and 110: Source: Laws 1985, Second Spec. Ses
Page 111 and 112: shall withhold for each notice the
Page 113 and 114: forward the child support payment.
Page 115 and 116: Servicemembers Civil Relief Act of
Page 117 and 118: Judgments (see also Jurisdiction) 2
Page 119 and 120: Source: Laws 1972, LB 820, § 5; La
Page 121 and 122: [J]urisdiction is the inherent powe
Page 123 and 124: A nonimmigrant alien authorized to
Page 125 and 126: In re Interest of Tamika S. et al.,
Page 127 and 128: action to certify the license holde
Page 129 and 130: NCP had no control as to when trust
Page 131 and 132: [T]he district court abused its dis
Page 133 and 134: Note: In response to a new federal
Page 135 and 136: (1) Child support orders in cases i
Page 137 and 138: §43-512.17. Title IV-D child suppo
Page 139 and 140: In the initial determination of chi
Page 141 and 142: The federal government provides Soc
Page 143 and 144: Material change in circumstances in
Page 145 and 146: Peter v. Peter, 262 Neb. 1017, 637
Page 147 and 148: See also: Wilkins v. Wilkins, 269 N
Page 149 and 150: Adoption/Modification of the Nebras
Page 151 and 152: A party seeking to modify a dissolu
Page 153 and 154: (2)The department, through its agen
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§ 43-1408.01 Notarized acknowledgm
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(4) All judgments under this sectio
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See also Shermanv. Neth, 283 Neb. 8
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grounds of newly discovered evidenc
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Fianna has resided with Jeffrey sin
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State on Behalf of Hopkins v. Batt,
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(4) . . . (a) If any case contains
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CONVENTION ON THE INTERNATIONAL REC
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To prevail on a motion to remove a
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Cooper v. Cooper, 8 Neb. App. 532,
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What God -- or the State -- has law
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court should take into consideratio
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Federal Express (FedEx): FedEx Prio
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(c) PENALTY FOR MAKING OR USING FAL
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Recipients who are married and file
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provision for support is a part of
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Material change in circumstances in
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[A]limony should not be used to equ
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contumacious, but it provides no re
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parties will have to start over aga
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state has and shall exercise contin
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§ 42-735 Administrative enforcemen
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(2) notify the nonregistering party
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allegations of a petition invokes t
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petitioner had failed to come to th
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. . . have the force and effect of
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caused or contributed to the cause
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in determining the child support ob
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Effective January 1, 2013, the maxi
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§ 6-1521. Protection of personal a
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In contrast to recent years, the 20
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Military Retirement pay info - www.
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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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