Olander v. McPhillips (Nebraska 2020)

A hearing transcript is required when there is an evidentiary hearing. The mother and father, who were not married, had a child. A court order established paternity and addressed child support and visitation. The father filed to modify the paternity order. After several hearings, the trial court modified several provisions of the order, including reducing the child support amount. The mother filed to vacate the modified order. The trial court indicated it would hold an evidentiary hearing on the child support issues. After the unreported hearing, the trial court denied the motion to vacate. The mother appealed this denial. The appellate court reversed on this ground and remanded for an evidentiary hearing on the record. The appellate court found that the trial court indicated the hearing was for the purpose of receiving new evidence on the parents incomes and expenses, and there should have been a record.