Child Support Enforcement - Sarpy County Nebraska

Moore v. Bauer, 11 Neb. App. 572, 657 N.W.2d 25 (2003)
Under certain circumstances, it may be appropriate for a trial court to consider
subsequently born children of a party when determining child support. This
determination is entrusted to the discretion of the trial court. The party requesting a
deviation from the Nebraska Child Support Guidelines based upon an obligation to
support offspring of a subsequent relationship bears the burden of providing
evidence regarding the obligation, including the income of the other parent of the
child or children of the subsequent relationship.
See also Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001).
Morrill County v. Darsaklis, 7 Neb. App. 489, 584 N.W.2d 36 (1998)
A parent is required to provide his or her child with the basic necessities of life. Both
parents have a duty to support their minor children, and the amount of child support
awarded is a function of the status, character, and situation of the parties.
The primary consideration in determining the level of child support payments is the
best interests of the child.
Nebraska courts have consistently examined a parent’s earning capacity, as well as
actual wages, to determine child support. This is particularly apposite when a parent
receives valuable benefits which are not paid as cash, and also when a parent
unjustifiably chooses to be underemployed or unemployed. See, also, Nebraska
Child Support Guidelines, paragraph C(5), which allows deviation from application of
the guidelines if application of them would result in an unjust or inappropriate result.
Patton v. Patton, 20 Neb. App. 51, ___ N.W.2d ___ (July 2012)
Held: Even if the parties don’t call their parenting plan “joint physical custody”, if dad has the
children 160 days a year that is what it is, and he is entitled to use the joint custody worksheet.
An appellate court’s review in an action for dissolution of marriage is de novo on the
record to determine whether there has been an abuse of discretion by the trial judge.
This standard of review applies to the trial court’s determinations regarding custody,
child support, division of property, alimony, and attorney fees.
Interpretation of the Nebraska Child Support Guidelines presents a question of law,
regarding which an appellate court is obligated to reach a conclusion independent of
the determination reached by the court below.
The Nebraska Child Support Guidelines relative to joint physical custody provide that
a “day” shall be generally defined as including an overnight period.
When a specific provision for joint physical custody is ordered and each party’s
parenting time exceeds 142 days per year, it is a rebuttable presumption that
support shall be calculated using the joint custody worksheet of the Nebraska Child
Support Guidelines.
The Nebraska Child Support Guidelines offer flexibility and guidance, with the
understanding that not every child support scenario will fit neatly into the calculation
structure.
Although the division of property is not subject to a precise mathematical formula,
the general rule is to award a spouse one-third to one-half of the marital estate, the
polestar being fairness and reasonableness as determined by the facts of each
case.
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