Bailey v. Bailey (Nebraska 2021)

No. A-21-105 (Neb. Ct. App. 2021)
November 2021

A court may require security for child support payments if compelling circumstances exist. In this divorce action, the final decree ordered the father to secure his child support obligation with a life insurance policy and divided childcare expenses between the parents in order for the mother to maintain her job or pursue a higher education. The father appealed these provisions. The appellate court reversed. Ordering security for a child support obligation is an extreme measure. Nothing in the record indicated the father would fail to pay his child support. He was employed and didn’t have significant debt or an expensive lifestyle. The appellate court found it error to allocate day care costs for the benefit of only one parent. The appellate court struck the provision for security for support and modified the order to divide day care expenses between the parents.