July 2017 | No. A-16-453 (Neb. Ct. App. 2017)

Araujo v. Araujo (Nebraska 2017)

Distributions from a trust fund are income to a parent for purposes of child support. When determining income for child support, the court can consider a parent’s earning capacity as opposed to their actual earnings. The mother appealed this child support order and argued that trust distributions were not income. She also argued that the court set her income too high in that it was based on a 40 hour work week and she worked less. The appellate court upheld the order and found a court must consider all sources of income, including trust fund distributions. It also found no abuse of discretion in imputing 40 hours a week of work to the mother, who voluntarily worked less.

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