October 2017 | 298 Neb. 1 (2017)

Marshall v. Marshall (Nebraska 2017)

The definition of income for child support purposes is flexible and fact-specific, according to the Nebraska Supreme Court. This lines up with the equitable nature of child support proceedings. The trial court in this case split the difference between the parents’ proposed income for father. In overturning the appellate court decision, the Court found that while splitting the difference is not ideal, it happens regularly when there is conflicting evidence. The trial court is in the best place to evaluate the evidence and the witnesses. The Supreme Court found the appellate court did not give weight to the trial court’s concern about the father’s conflicting and confusing evidence. In this case, the trial court did not abuse its discretion in determining the father’s income in this fashion.

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