Research & Case Law

A child support order may be void on grounds of public policy if it relieves both parents of their obligation to pay support. The original divorce decree in this case ordered the father to pay half of the children’s private school tuition in lieu of child support. If the children stopped attending private school, then support would be calculated under the guidelines. Subsequently, the case was transferred from Circuit Court to Juvenile Court.  The father filed many motions all with the objective of setting aside the tuition provision.

Principles of equity may guide a trial court in crafting a decision under specific circumstances in a child support case. The mother registered a Kansas divorce decree in Nebraska and then filed to modify it and for a finding of contempt against the father for a failure to pay support. Prior to hearing, the parties agreed to a parenting agreement that modified child support. The court approved the agreement pending resolution of several other issues. Prior to entry of the final order, the father filed to set aside the parenting agreement due to a significant decrease in his income. The trial court set aside the agreement but offered the mother the opportunity to do additional discovery about the father’s income.

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.

Due process requires a modification filing include all statutorily required documents. In 2017, the father filed to modify child support but failed to include the required domestic relations affidavit (DRA) or child support worksheet (CSW). In her answer, the mother noted the missing documents. Father took no further action until 2019 when he filed again, this time including the DRA and child support worksheet. He requested support be modified retroactive to the date of the 2017 filing. He argued equity demanded he be given credit for child support. The trial court modified support prospectively but denied his request for retroactive support. The father appealed.