Frost v. Monahan (Nebraska 2020)

Nebraska statute provides for an abatement of child support during extended visitation but the trial court has discretion over its application. The mother and father had a child and shared parenting time under a Stipulated Agreement. The father filed to modify custody, and the mother counterclaimed, requesting permission to move out of state. The trial court found a change in circumstances and granted the father legal custody and physical custody during the school year. The mother was awarded visitation every other weekend, during school breaks, and during the summer. The mother appealed the order on several grounds including the trial court’s denial of her request to abate child support during summer visitation. The appellate court found that the trial court has discretion to award a child support abatement, and that there was no abuse of discretion in this situation. The child’s expenses in his permanent home are continue during summer visitation.