Roberts v. Roberts (Nebraska 2017)

The definition of income for child support is flexible, and the court has wide discretion on what to include and exclude as income. This case addresses a wide variety of issues with calculating income for child support. The district court properly excluded a housing allowance and danger pay from the father’s income but inappropriately included alimony as part of mother’s income. The father, an employee of the Department of State, lives in Turkey. The Department pays for his housing. The appellate court found that a housing allowance should not be included as income since the Department pays for his housing and there was no other evidence as to the value of the housing. The appellate court also found that the possibility of receiving danger pay was not enough to include this as income. The appellate court reversed the district court’s inclusion of alimony as income to the mother for child support. The appellate court noted that alimony is set after the child support award and it only makes sense that not to include it as income when modifying support.