Research & Case Law

A child support order can be modified when there is a significant variance, which means at least a fifteen percent difference in the current support obligation and the proposed support amount. In the original parenting plan, the parents agreed to an upward deviation in child support so the children could enjoy the same lifestyle. The mother filed to modify the parenting plan and for contempt. The father answered and filed a motion to set aside the divorce decree. The trial court denied the father’s motion to set aside but reduced support based on the father’s new amount of parenting time and his additional child. The mother filed a motion to alter or amend the judgment arguing there was no substantial variance in support.

When reviewing a lower court’s decision to terminate child support due to the child’s extreme actions, the proper standard of review of abuse of discretion. The chancery court terminated a father’s obligation to support his child based on the child’s refusal to have contact with the father. The obligation was terminated until the child resumed visitation with the father. The court of appeals reversed, finding the father at fault for the deterioration of the relationship. The Supreme Court reversed, finding the appellate court didn’t apply the right standard of review. 

Nontaxable federal payments for military members such as basic allowable housing (BAH), basic allowable subsistence (BAS), cost of living and a clothing allowance are income for child support. The parents filed for divorce. The father was a military member and received benefits on top of his regular salary including BAS, BAH, cost-of-living allowance, and clothing allowance. The father appealed, arguing these benefits should not be counted as income.

For child support to be properly before the court, the pleading must contain the right language. The original divorce decree granted the parents shared custody of their two children and set child support at zero. The father filed to modify custody and support and the mother counterclaimed for a modification of custody and support consistent with the Nebraska guidelines. The final order found neither party met the burden to change custody. The mother filed to alter or amend the order requesting the court address a material change of circumstances with respect to support. Following a hearing, the trial court entered an order for father to pay the mother. The father appealed.