Kelly v. Kelly (Nebraska 2020)
Parents may be responsible for reasonable and necessary expenses on top of the monthly child support award. The final divorce decree ordered the father to pay monthly support and a percentage of the children’s private school tuition, extracurricular activities, and other miscellaneous expenses like school lunch and clothing. The father appealed. The Appellate Court affirmed the order in part and vacated in part. The parents were awarded joint physical custody, which meant a lower support obligation that to account for the relatively equal amount of time the children would spend with both parents. The father’s monthly income far exceeded the mother’s. The appellate court found no abuse of discretion in ordering the father to pay a portion of tuition and extracurricular activities. The court noted an interest in the children not having to change schools and that both parents had to agree about extracurricular activities. The court vacated the portion of the order regarding miscellaneous expenses such as school lunch, haircuts, and clothing. The monthly child support amount is intended to cover these types of expenses.