August 2016 | 885 N.W.2d 742, 24 Neb. App. 254 (Neb. Ct. App. 2016)

Marshall v. Marshall (Nebraska 2016)

*This case has been reversed and remanded for entry of the decree of the district court, see Marshall v. Marshall, 298 Neb. 1 (2017).

The amount of a parent’s monthly income must be based on evidence and reasonable. When parties have competing amounts for one parent’s income, the court may not determine income by splitting the difference between the two figures. In this case, the appellate court determined the mother’s figure for father’s income was unreasonable and not supported by evidence. The appellate court recalculated the father’s income using the father’s salary, income reported on his tax return, and in-kind income from his family business, which included rent, health insurance, and a cell phone allowance.

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