State on behalf of Pierce K. v. Jacob K. (Nebraska 2021)

No. A-20-627 (Neb. App. 2021)
March 2021

An abatement of child support is discretionary. The father filed a contempt petition against mother for violating their parenting plan. He asked to be awarded custody of their child and for a modification of child support. The trial court granted the father’s petition, set a new visitation schedule, and ordered the mother to pay support. The mother appealed arguing the court erred in modifying custody and ordering her to pay support. In the alternate, she argued she was entitled to a deviation in support during summer visitation. The appellate court affirmed the order. The appellate court found no error in the custody change, so the mother’s argument that she should not have to pay support failed. The appellate court found no abuse of discretion in not granting the abatement either. The trial court adopted the mother’s child support worksheet, which didn’t request an abatement. The father was going to bear the cost of providing transportation for the child during the summer visitation. The appellate court added these two factors together to justify the lack of a provision for an abatement of support.