Henson v. Carosella (Nebraska 2020)
Child support should be based on parent’s current earnings. The father appealed the child support provision of the final divorce decree. He argued the court’s determination of his income ignored evidence of his actual earnings. The father, an apprentice steamfitter, was about to be qualified as a journeyman. He worked more than 40 hours per…
Read MoreBenjamin M. v. Jeri S. (Nebraska 2020)
An unrescinded and unchallenged acknowledgement of paternity is a legal finding of parentage. The parents had two children, and the father has signed an acknowledgement of paternity immediately following the birth of both children. Years later, the father filed to establish paternity, custody, support, and parenting time. He subsequently amended the complaint to take out…
Read MoreSommer 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…
Read MoreBilderback-Vess v. Vess (Nebraska 2020)
A finding of contempt in a child support case requires willful disobedience, which is a factual determination. It must be impossible for a parent to pay support. The district court found the father in contempt for failure to child support and alimony. The father’s business failed, and he stopped making support payments. A portion of…
Read MoreState on behalf of Elijah K. v. Marceline K. (Nebraska 2020)
When a paternity action is brought by the state on behalf of a child, retroactive support can go back to the birth of the child. The right to retroactive support belongs to the child. The mother appealed an order of the district court setting current child support but denying her request for support retroactive to…
Read MoreState v. Andreasen and Henley (Nebraska 2020)
A deviation in the amount of presumptive child support is allowed when applying the guidelines would be unjust or inappropriate. Any deviation must be in the child’s best interests. The mother appealed an order denying her request to move out of state with the child, granting physical custody to the child to father, and ordering…
Read MoreWerner v. Werner (Nebraska 2020)
To modify a support order, a parent must show a material change in circumstances that occurred after the entry of the latest order and that wasn’t contemplated upon entry of the order. The Nebraska order at issue in this case involved a split custody arrangement. The older child lived with the father, and the younger…
Read MoreHobbs v. Golden (Nebraska 2020)
Evidence must support the amount of income that a court attributes to a parent. The mother filed to modify custody and child support for one child. Specific to the child support issue, the father was a plumber. He testified that he earned an hourly wage or commissions, whichever was higher. A paystub entered into evidence…
Read MoreTyler F. v. Sara P. (Nebraska 2020)
A properly executed paternity acknowledgement conclusively established paternity and cannot be set aside without a showing of fraud, duress, or material mistake of fact. The Nebraska paternity statutes do not currently account for multiple legal parents for a child. This case is the latest appeal in an ongoing paternity action. On remand from Tyler F.…
Read MoreOlander v. McPhillips (Nebraska 2020)
A hearing transcript is required when there is an evidentiary hearing. The mother and father, who were not married, had a child. A court order established paternity and addressed child support and visitation. The father filed to modify the paternity order. After several hearings, the trial court modified several provisions of the order, including reducing…
Read MoreState v. Ian K. (Nebraska 2020)
The state is not authorized to bring a paternity action for a child who is not born out-of-wedlock. The mother and husband were married and had a child. Genetic testing later proved the husband wasn’t the child’s biological father. The State filed a petition to establish paternity for the biological father and effectively disestablish the…
Read MoreLasu v. Lasu (Nebraska 2020)
A documented travel expense may qualify as a deviation from presumptive child support if it is in the child’s best interests. In this divorce case, the court awarded the mother primary physical custody of the child. The mother lived Nebraska, and the father in California. The district court calculated support and deviated from presumptive support…
Read MoreThompson v. Thompson (Nebraska 2020)
To receive credit for health insurance premiums, a parent must provide specific information as to the cost attributable to the child. The father filed to modify custody and support. After hearing, the district court modified child support based on the birth of the father’s first child but didn’t give credit for an unborn child. The…
Read MoreJones v. Jones (Nebraska 2020)
A child support worksheet is required regardless of the amount of support. In this appeal of a custody modification, the Nebraska Supreme Court addressed an issue that wasn’t squarely before it. The trial court granted a father’s request to change physical custody of a child and ordered a new support obligation for the mother. A…
Read MoreFrost v. Monahan (Nebraska 2020)
Nebraska statute provides for an abatement of child support during extended visitation but the trial court has discretion over its application. The mother and father had a child and shared parenting time under a Stipulated Agreement. The father filed to modify custody, and the mother counterclaimed, requesting permission to move out of state. The trial…
Read MoreYbarra v. Ybarra (Nebraska 2020)
State and federal law control the amount of money that can be withheld for child support. The father, who owed child support arrears and interest, requested a modification of the amount of money being withheld from his social security. He also requested that the interest be removed. He argued that the amount withheld placed him…
Read MoreGuthard v. Guthard (Nebraska 2020)
Determining income for child support for a parent who is a shareholder in a corporation is a fact specific determination. The mother filed to modify child support alleging that the father’s income had increased substantially. The father was a 50 percent shareholder in an S corporation. The mother argued the Father’s child support income should…
Read MoreBornhorst v. Bornhorst (Nebraska 2020)
Distributions to corporate shareholders intended to cover tax liability are not necessarily income for child support purposes. The parents filed for divorce. The mother worked for her family’s construction company. To determine her income for child support, the court used the wages reported on her W-2 form but didn’t include other distributions she received as…
Read MoreCarter v. Thompson (Nebraska 2020)
The trial court has discretion to determine if a modified child support order will be retroactive. The mother filed to modify child support in February 2016, and the father cross-appealed to modify custody and support. The trial court entered an order on September 28, 2018, increasing the father’s child support retroactive to February 2016. The…
Read MoreDonahoe v. Donahoe (Nebraska 2020)
For self-employed parents, certain expenses may be treated as income for child support. The parents filed for divorce. The father is the sole owner of a business, which is organized as an S-Corporation. For 2016, he reported compensation on his personal tax return, not as a salary on his business return. This meant he wouldn’t…
Read MoreBryant v. Bryant (Nebraska 2020)
A district court has discretion to when figuring income for a parent who is employed less than full time as long as the evidence supports the calculation. If a parent offers evidence of an obligation to support additional children, it should be at least considered. The mother filed for divorce. The mother and father had…
Read MoreClark v. Clark (Nebraska 2020)
The trial court has discretion over when to make a child support obligation retroactive. The mother and father filed for divorce and entered into an agreement that resolved all issues. For child support, the parents agreed that the mother would receive the tax dependency exception for three years straight instead of retroactive support. The mother…
Read MoreKillinger v. Killinger (Nebraska 2019)
When a parent has a variable income, it is appropriate to use a three-year average to set child support. The father and mother, who had three children, filed for divorce. The father owned his own business, and his income fluctuated from yearly. At trial, he presented evidence of his income from the previous seven years.…
Read MoreHodgen v. Hodgen (Nebraska 2019)
A child support abatement will be granted when the parent meets the criteria in the decree. The parents divorced, and the decree contained a provision that allowed the father to abate his child support during June, July, and August as long as he had the children for visitation 28 days or more during the summer.…
Read MoreRiegl v. Lemond (Nebraska 2019)
The Nebraska Child Support Guidelines allow a court to consider a parent’s earning capacity when setting income for child support. The parents filed for divorce. The father, a union electrician, was ordered to pay temporary support. The court set the amount based on the father’s self-reported hourly wage. At the divorce trial, the court heard…
Read MoreDooling v. Dooling (Nebraska 2019)
This appeal addresses a case where the district court made multiple errors in calculating child support. The parents filed for divorce, and the district court set child support for their three children. The father appealed the order, making various arguments about the child support calculation. The mother cross-appealed, arguing the court failed to address the…
Read MoreKennedy v. Kennedy (Nebraska 2019)
A parent who requests a modification of child support must show a material change in circumstances occurred after the entry of the original decree and that wasn’t contemplated when the decree was entered. A lower income isn’t necessarily a change if the parent’s choices led to the reduction. The state of Nebraska filed to modify…
Read MoreState v. Jarvel (Nebraska 2019)
A nonsupporting party is the necessary party in a proceeding for child and medical support. A parent who appears at a hearing waives a claim to defective service. The state of Nebraska filed a complaint against the father to establish paternity and support. At the initial hearing, the father requested a continuance. He then failed…
Read MoreMiller v. Miller (Nebraska 2019)
A child support modification may be denied if the parent’s reduction in income is due to the parent’s own poor financial decisions. The father filed to modify his child support based on a reduction in income. The district court denied the modification, and the father appealed. The appellate court upheld the decision. It found the…
Read MoreOswald 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…
Read MoreState v. Julio G. (Nebraska 2019)
In Nebraska, an indigent parent is entitled to court-appointed counsel in paternity cases. The state of Nebraska filed a support action against the father and attached an acknowledgment of paternity. The father challenged the acknowledgment. He testified that he spoke no English, read no English, and did not understand what he was signing. The court…
Read MoreIn re Interest of Cayden R. (Nebraska 2019)
Having children in foster care is not a rebuttable presumption under the child support guidelines. A statute allows for minimum support in low income cases. A juvenile court support order required the mother to pay $50 per month child support while her five children were in foster care. Guideline support was $0, but the referee…
Read MoreDowding v. Dowding (Nebraska 2019)
A signed and notarized paternity acknowledgement is a legal finding, which can only be challenged on the basis of fraud, duress, or material mistake of fact. A challenge to an acknowledgment must be properly before the court. The parents had a child, and the father signed a paternity acknowledgement immediately after his birth. Several years…
Read MorePearrow v. Pearrow (Nebraska 2019)
The district court has flexibility to craft an appropriate support amount when parents have an unusual custody arrangement. The worksheet must still accompany the order so the appellate court can properly review an order. The parents divorced and agreed to joint physical and legal custody of the children. A year later, the mother filed to…
Read MoreEwing v. Evans (Nebraska 2019)
To modify a child support order, a change in circumstances must occur after the entry of the original order. A parent who shows a change of 10 percent or more in the support, which amounts to at least $25, creates a rebuttable presumption that the order should be modified. Shortly before the parents’ divorce was…
Read MoreRosberg v. Rosberg (Nebraska 2019)
Under certain circumstances, a court may analyze a parent’s historical earnings and ability to support a family to set income for child supoprt. The parents in this case filed for divorce. The parents had six children together, in addition to children from other relationships. The father owned Rosberg Farms, but had also been incarcerated in…
Read MoreTroester 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…
Read MoreStockdale v. Rehal (Nebraska 2019)
A district court has discretion to retroactively adjust a temporary child support obligation. The never-married parents in this case separated, and a temporary child support obligation was established. For the final order, the court set the father’s income at an amount higher than the amount used for the temporary order, which increased the amount of…
Read MoreState of Nebraska on behalf of Walter E. v. Mark E. (Nebraska 2019)
The existence of a juvenile court child support order divests the district court of jurisdiction to enter a second order. The State of Nebraska filed a petition in juvenile court for custody and placement of a child. The decree ordered the State to pay for all placement costs not covered by the parents’ insurance. The…
Read MoreWelch v. Peery (Nebraska 2019)
Any modification of child support or waiver must be in the child’s best interest. The mother in this case filed a petition for permission to move out of state, and the father opposed it. The mother testified she was willing to waive support so that the father could have additional money for travel. In the…
Read MoreBreining-Pruitt v. Westfahl (Nebraska 2019)
When calculating income for child support, a parent’s earning capacity can be used instead of their actual income. Earning capacity is determined from work history, education, occupational skills, and job opportunities. The father appealed a district court order which set child support. He argued the district court didn’t properly calculate the mother’s income. Testimony showed…
Read MoreHall v. Hall (Nebraska 2019)
A parent must provide specific evidence of income for child support but it can come from several sources. The mother filed a motion to modify custody and support. The district court denied the modification of custody and increased mother’s child support. It found mother’s income had increased and credited her with a fewer number of…
Read MoreBeck v. Beck (Nebraska 2019)
To modify a child support order, a parent must show a substantial change of circumstances which occurred after entry of the most recent order and wasn’t contemplated when the order was entered. A change is a parent’s financial situation can qualify. The mother filed to modify the child support provision of the original divorce decree.…
Read MoreBryson L. v. Izabella L. (Nebraska 2019)
The appellate court only has jurisdiction over timely-filed appeals. The mother and father divorced in November 2016, and the father was awarded custody of the child. In September 2017, an alleged father filed to intervene in the divorce action, stating he was the child’s biological father. The district court denied his motion. The alleged father…
Read MorePeterson v. Peterson (Nebraska 2018)
Alimony shouldn’t be counted as income for child support during initial establishment. The district court entered a final divorce decree, which established child support and alimony. The father requested a new trial. The district court considered his arguments, one of which was to include the alimony award as part of the mother’s monthly income for…
Read MoreState v. McColery (Nebraska 2018)
Appearance bond funds held by a clerk of court are not personal property registered with a county office for purposes of the child support lien statute. An automatic lien does not attach to these funds. A father, who owed child support arrears, was arrested for strangulation. He posted an appearance bond. He hired private counsel…
Read MoreHotz v. Hotz (Nebraska 2018)
The Nebraska child support guidelines exclude alimony from the definition of income for child support purposes. The father appealed a district court order that modified the mother’s support obligation to him and granted her other requested relief. The father argued that his alimony obligation should have counted as income to the mother and that depreciation…
Read MoreClark v. Clark (Nebraska 2018)
The Uniform Interstate Family Support Act (UIFSA) gives a court with proper subject matter and personal jurisdiction the ability to determine a controlling child support order. The father in this case was subject to two child support orders, one from Wisconsin and one from Nebraska. He filed a petition requesting a Nebraska district court vacate…
Read MoreAnderson v. Anderson (Nebraska 2018)
Courts have some flexibility in determining income for child support purposes. The father appealed the court’s determination of his monthly income for child support. The father owned a lawn care business. He testified that he cashed checks and received cash for services that he did not deposit in his bank account. He also testified that…
Read MoreShawn E. on behalf of Grace E. v. Diane S. (Nebraska 2018)
A garnishment order is not final unless it requires delivery of the debtor’s property to the creditor. The state of Nebraska initiated a garnishment action against the father’s prison account for arrears and past due medical support. After a hearing, the district court entered an order denying the father’s request for continuance, overruling his objection…
Read MoreState on behalf of Marcelo K. & Rycki K. v. Ricky K. (Nebraska 2018)
Only final orders are appealable. By final, the order must dispose of all of the issues. Ricky K. was the acknowledged father of two children. The State filed an action to establish support. Ricky filed an answer and cross-claim, alleging he was not the father of one of the children, and requesting joint custody and…
Read MoreSilver v. Silver (Nebraska 2018)
If payment of a child support obligation leaves a parent with a net income below the poverty line, Nebraska courts can consider specific costs related to supporting the child to get the parent back above the line. Supervised visitation is not one of those costs. An award of retroactive support must take into account the…
Read MoreMcCullough v. McCullough (Nebraska 2018)
A parent must make child support payments even if a modification is pending. The father appealed a district court order finding him in contempt for failure to pay child support. He argued that he had filed to modify the support order and that the new order might affect the amount of support owed. The Supreme…
Read MoreCalleja v. Calleja (Nebraska 2018)
A court may use actual income, not earning capacity, for child support purposes even when a parent makes a job change and the new job results in less income. The father, a tile installer, left a job to start his own business. As a result, his income decreased. The district court calculated support using his…
Read MoreMetzler v. Metzler (Nebraska 2018)
Due process requires that a court have personal jurisdiction over a nonresident parent before it can determine child support. For a court to have personal jurisdiction over a parent, the parent must have minimum contacts with the state of Nebraska such that the parent could expect to be called into court. The father, a Nebraska…
Read MoreCarlson v. Carlson (Nebraska 2018)
In a divorce, parents may enter into a property settlement agreement (PSA) on all terms, including child support. Once approved, the PSA becomes a judgment, and when construction issues arise, the court must use the four corners of document. During the divorce proceeding, the parents agreed to a term of the PSA that the father…
Read MoreKeruzis-Thorson v. Thorson (Nebraska 2018)
A parent must provide the cost of a health insurance premium attributable to child to receive a deduction from gross income for purposes of calculating income for child support. The district court gave the father credit for the cost of his health insurance premium. The mother appealed arguing that the father didn’t prove the cost…
Read MoreState v. Rogelio L. (Nebraska 2018)
In a modification action, the court may deviate from presumptive support for children born subsequent to the order. The father filed to modify his support order based on a reduction in his income. The father testified he didn’t pay taxes, but deducted taxes to reach his proposed net income. The district court dismissed the modification…
Read MoreCovil v. Covil (Nebraska 2018)
A Nebraska district court can’t modify certain terms of another state’s order. The father and mother were divorced in Florida. The mother moved to Nebraska and received court permission to move with the children. Nebraska registered the Florida order. The Father filed to modify the order in Nebraska. He requested credit for past payments, support…
Read MoreBecher v. Becher (Nebraska 2018)
Chapter 25 of the Nebraska statutes allows for the appointment of a general referee to hear court proceedings, which could include a divorce. The child support statutes also provide for the appointment of a referee for specific child support proceedings, including establishment of an order. The deference the district court judge gives to the findings…
Read MoreFetherkile v. Fetherkile (Nebraska 2018)
A paternity determination made pursuant to Neb. Rev. Stat. § 43-512.04 is res judicata as to that issue. In this case, the mother and father stipulated to a paternity and support order prior to filing for divorce. The parents then filed for divorce, and the mother testified the father was not the child’s biological father.…
Read MoreState on behalf of Mariah B. and Renee B. v. Kyle B. (Nebraska 2018)
A contempt finding requires that the parent willfully violate the court order. The parent must have the present ability to comply with the purge conditions. The father appealed a contempt order for failure to pay support. He argued that the nonpayment was not willful and that he couldn’t comply with the purge conditions. The Supreme…
Read MoreSchurman v. Wilkins (Nebraska 2018)
Under the Nebraska Child Support Guidelines, child support abatements are discretionary. The father appealed the district court’s order that did not allow for an abatement in support during his summer parenting time. The appellate court found that the decision whether to abate is clearly left to the court. The district court considered evidence of the…
Read MoreRoberts 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…
Read MoreMarshall v. Marshall (Nebraska 2017)
The definition of income for child support purposes is flexible and fact-specific, according to the Nebraska Supreme Court. This lines up with the equitable nature of child support proceedings. The trial court in this case split the difference between the parents’ proposed income for father. In overturning the appellate court decision, the Court found that…
Read MoreDrabbels v. Drabbels (Nebraska 2017)
The court should not include employer-paid health insurance as income to a parent for child support. In this case, the father’s employer pays the health insurance premium for the father and the child. The district court included this cost in the father’s monthly income but did not give him credit for the premium amount off…
Read MoreState on behalf of Lockwood v. Laue (Nebraska 2017)
In a contempt proceeding for failure to pay child support, a parent can rebut a presumptive finding with evidence showing the failure to pay was not willful. In a district court exception hearing, the court has the discretion to hear additional evidence. In this case, the state of Nebraska took exception to a referee’s dismissal…
Read MoreAraujo v. Araujo (Nebraska 2017)
Distributions from a trust fund are income to a parent for purposes of child support. When determining income for child support, the court can consider a parent’s earning capacity as opposed to their actual earnings. The mother appealed this child support order and argued that trust distributions were not income. She also argued that the…
Read MoreErin W. v. Charissa W. (Nebraska 2017)
A court did not abuse its discretion in denying a motion for genetic testing in a divorce proceeding where the child was born during the marriage and the father had held out and supported the child as his own. Prior to their marriage, the mother told the father he might not be the child’s biological…
Read MoreKolar v. Tester (Nebraska 2017)
The court appropriately used its discretion to calculate income for a father who regularly works more than a 40-hour work week. The father testified that he works between 45 – 50 hours per week, even though he is only guaranteed 40. He is paid at a higher rate for the additional hours. The court calculated…
Read MoreHouse v. House (Nebraska 2017)
A finding of contempt for failure to pay child support is a rebuttable presumption. The burden of proof shifts to the parent to provide evidence that the failure to pay was not willful. In this case, the father argued he was indigent and could not pay support. The Court found that he offered no other…
Read MoreTyler F. v. Sara P. (Nebraska 2016)
An individual may not bring a paternity action as the next friend of a child if the child has a parent who is already acting in that role. The next friend is meant to be used when the child does not have a parent or guardian who can act on its behalf. In this case,…
Read MoreBurcham v. Burcham (Nebraska 2016)
An adoption subsidy should not be counted as income to a parent when calculating child support. In this case, the parents received a monthly subsidy for three adopted special needs children. The subsidy was meant to supplement the parents’ incomes and assist with the extra costs that come with raising special needs children. Since it…
Read MoreMarshall v. Marshall (Nebraska 2016)
*This case has been reversed and remanded for entry of the decree of the district court, see Marshall v. Marshall, 298 Neb. 1 (2017). The amount of a parent’s monthly income must be based on evidence and reasonable. When parties have competing amounts for one parent’s income, the court may not determine income by splitting…
Read MoreIn re Adoption of Jaelyn B., Jesse B. v. Tylee H. (Nebraska 2016)
A Nebraska court must give full faith and credit to a valid paternity determination from another state and apply the law of that state when making decisions about the parent’s rights. In this case, a lower court improperly allowed the adoption of child without notice to the legal father, whose paternity had been established through…
Read MoreState on behalf of Ja’Quezz G. v. Teablo P. (Nebraska 2016)
The method of notice of a paternity action must be reasonably calculated to inform the Defendant the action is pending and give the Defendant a chance to object. If a Defendant fails to appear at a hearing after proper service, a default order can be entered.
Read MoreState v. Erpelding (Nebraska 2015)
In a criminal non-support action, the intent to not pay child support does not depend on the Defendant’s ability to pay. The Defendant’s actions, words, and circumstances can all be evidence of an intentional failure to pay.
Read MoreStevens v. Stevens (Nebraska 2016)
The order being appealed must be a final order, not a conditional order. The Order in this case adopted recommendations made by a child support referee, but gave the parties 14 days to make exceptions to the recommendations. Because the finality of the order was conditioned on the parties taking or not taking exceptions, it…
Read MoreBryan M. v. Anne B. (Nebraska 2016)
When filing a paternity action, a potential father cannot file as a next friend to the child to get around the statute of limitations. A next friend is a person who is significantly connected to the child and who is bringing the action for the child’s benefit.
Read MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreProchaska v. Prochaska (Nebraska 2009)
When setting a child support obligation for an obligor with multiple families, the court may deviate from a strict application of the guidelines as long as it considers the facts of the case.
Read MoreState on behalf of LLB v. Hill (Nebraska 2004)
Child support arrears will not be forgiven under an equity argument if a parent’s lack of diligence lead to the accumulation of the arrears
Read MorePalagi v. Palagi (Nebraska 2001)
The emancipation age of a child is typically a non-modifiable provision, and credit against owed arrears will not be given for college tuition payments.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreState v. Batt and Filbert (Nebraska 1998)
Even when a child has a presumptive father, a later action to determine paternity is not barred although clear and convincing evidence is necessary to rebut presumption.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date.
Read MoreState on behalf of BM v. Brian F (Nebraska 2014)
A motion to modify support cannot be converted into a motion for disestablishment even if the father attaches a genetic test showing he is not the biological father of child
Read MoreCesar C v. Alicia L (Nebraska 2011)
The proper effect of a signed, unchallenged acknowledgment of paternity is a finding that the individual who signed as the father is the legal father.
Read MoreLucero v. Lucero (Nebraska 2008)
Absent equities to the contrary, the modification of child support orders should be applied retroactively to the first day of the month following the filing date of the modification.
Read MoreState on behalf of AE v Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreLucero v. Lucero (Nebraska 2008)
Absent equities to the contrary, the modification of child support orders should be applied retroactively to the first day of the month following the filing date of the modification.
Read MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreMurphy v. Murphy (Nebraska 2008)
When a parent’s own actions lead to a reduced income, there is no substantial change in circumstances that would justify modifying a child support order.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreGroseth v. Groseth (Nebraska 1999)
A Nebraska court assumes continuing, exclusive jurisdiction to modify another state’s order once both parents and the child no longer reside in the state that issued the order.
Read More