Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
Child Support Enforcement - Sarpy County Nebraska
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Reinsch v. Reinsch, 259 Neb. 564, 611 N.W.2d 86 (2000).<br />
Voichoskie v. Voichoskie, 215 Neb. 775, 340 N.W.2d 442 (1983)<br />
‘“Whenever a party, who, as actor, seeks to set the judicial machinery in motion and<br />
obtain some remedy, has violated conscience, or good faith, or other equitable<br />
principle, in his prior conduct, then the doors of the court will be shut against him in<br />
limine; the court will refuse to interfere on his behalf, to acknowledge his right, or to<br />
award him any remedy.” Citing Brown v. Alron, Inc., 223 Neb. 1, 7, 388 N.W.2d 67,<br />
72 (1986).<br />
A court should not be automatically precluded from entertaining an application to<br />
modify a decree where the applicant is in arrears. A parent who is in arrears but is<br />
otherwise entitled to a modification of monthly support payments should not be<br />
denied relief under the ‘clean hands’ doctrine if the court is satisfied that he has a<br />
valid excuse for not meeting his required payments in full, e.g., financial inability to<br />
pay.”<br />
However: where the evidence discloses that a party is in fact able to pay past due<br />
support, such that he could be or has been found in contempt for the failure to pay,<br />
he will be barred by the clean hands doctrine from requesting a modification of the<br />
decree<br />
Wagner v. Wagner, 262 Neb. 924, 636 N.W.2d 879 (2001)<br />
A divorce decree does not require a parent to remain in the same employment, and<br />
child support may be calculated based on actual income when a career change is<br />
made in good faith.<br />
whether the decision to leave employment was made in good faith is only one factor<br />
to be considered, and an award of child support could be based on a parent’s<br />
earning capacity even when the parent acted in good faith.<br />
However, while child support may be based on a parent’s earning capacity when a<br />
parent voluntarily leaves a higher paying job for lower paying employment, and a<br />
reduction in the amount of that parent’s support obligation would seriously impair the<br />
needs of the children, support may be based on a lower rate of income for the<br />
obligated parent when he changes jobs in good faith, and there is no evidence<br />
that the needs of the minor children will be adversely affected by the reduction<br />
in earnings.<br />
Wilson v. Wilson, 19 Neb. App. 103, 803 N.W.2d 520 (2011)<br />
Facts: Parties divorced Oct. 2009. Decree split marital property and required Wife to vacate<br />
marital residence by 10-31-11. No appeal taken. Wife failed to vacate and months later<br />
Husband filed action ‘to determine amounts due under decree.’ He claimed $30,000 in extra<br />
costs he incurred due to Wife not moving out. The DCt sustained his motion and in addition<br />
found Wife in contempt for failure to vacate. Wife appealed, claiming the court in effect modified<br />
the terms of the decree’s property settlement agreement without having filed for a modification.<br />
Ct. of Appeals agreed, and reversed that portion of the order. It found that there was no<br />
ambiguity or lack of clarity concerning what was actually ordered in the decree, and accordingly<br />
there was nothing for the court to clarify. Held: Husband must file complaint to modify if he<br />
doesn’t like the terms of the decree. He cannot modify the decree by a back door approach.<br />
A trial court retains jurisdiction to determine the amounts due for alimony and child<br />
support and to enforce its prior judgment, and included in that power to enforce its<br />
judgment is power to determine any amounts due under the initial decree.<br />
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