May 2019 | No. A-18-573 (Neb. Ct. App. 2019)

Oswald v. Oswald (Nebraska 2019)

A modification request may be denied when the parent has voluntarily resigned from a job. The father filed to modify his support obligation. The father had resigned from a high paying sales job when the company restructured his compensation plan and was working at a job that paid significantly less. After hearing, the district court imputed him at the amount he would have earned under the new compensation structure at his original job. Using this income, the support calculation didn’t change by the required amount, so the court denied the modification. The father appealed, arguing the district court should have used his actual income. The court of appeals upheld the order. It found that the evidence showed that the father voluntarily resigned from his sales job. The appellate court found the change in income was not due to his health or other circumstances beyond his control, but was instead a personal choice.

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