Troester v. Troester (Nebraska 2019)

A parent who seeks a modification of child support must show a substantial change of circumstances that happened after the entry of the order. In this case, the parents filed for divorce and stipulated to child support in a settlement agreement. The father farmed and sold corn seed at the time of the divorce. Several years later, he petitioned to modify his support obligation based on a drop in his income. He argued his income had decreased due to low grain prices. The trial court found no substantial change of circumstances to justify a modification. The court found that the father, a career farmer, reasonably knew that grain prices could drop at any time and still agreed to the amount of support. The father appealed. The appellate court upheld the trial court’s decision. The appellate court found no evidence to support a substantial change. It also found that the father was choosing to support his new family instead of making child support payments.