State v. Andreasen and Henley (Nebraska 2020)

No. A-19-929 (Neb. Ct. App. 2020)
August 2020

State v. Andreasen and Henley, No. A-19-929 (Neb. Ct. App. 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 her to pay support. Specific to child support, she argued the trial court abused its discretion in not deviating from presumptive support for her other children, extended parenting time, and transportation costs. The appellate court affirmed the order. The appellate court found no evidence in the record as to the mother’s expenses for her other children. As she had the burden to prove the expenses, the trial court properly denied her request. With respect to parenting time, the appellate court found the distance between the parents’ residences meant that extended visitation outside of summer wouldn’t be practical. The father would incur the majority of the expenses. Finally, the order divided transportation costs equally, and the parties agreed on a meeting point.  A deviation wasn’t necessary.