In re Interest of Cayden R. (Nebraska 2019)
Having children in foster care is not a rebuttable presumption under the child support guidelines. A statute allows for minimum support in low income cases. A juvenile court support order required the mother to pay $50 per month child support while her five children were in foster care. Guideline support was $0, but the referee recommended, and the district court approved, a minimum support amount of $50. The mother appealed, arguing that the court erred in applying the guidelines. The appellate court affirmed the order. The court noted that all child support obligations should be established according to the guidelines, and that Nebraska statute allows for minimum support in low income cases. The court found that the evidence supported the deviation to $50. The mother testified that she had been working at the time the kids were placed in care. She earned $14 an hour before she voluntarily left her job. The court noted that even with her obligations in the juvenile court case, she has time to work.