October 2020 | No. A-19-1141 (Neb. Ct. App. 2020)

Sommer v. Sommer (Nebraska 2020)

Child support payments should be set according to the guidelines. A deviation is appropriate if application of the guidelines is unjust or inappropriate. In this modification action, the mother appealed the court’s order requiring her to pay child support. She argued husband’s trial testimony showed he agreed to a downward deviation so that she wouldn’t have to pay support. The appellate court affirmed the child support award. The mother was voluntarily unemployed so the trial court used the wages from her last job to calculate her income. After determining the father’s income, the trial court calculated presumptive support and found a deviation would be in the children’s best interest. The child support award was reduced but not to zero. The appellate court noted both parents are responsible for the support of children and found no abuse of discretion.

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