42-364.16. Child support guidelines; establishment; use.

The Supreme Court shall provide by court rule, as a rebuttable presumption, guidelines for the establishment of all child support obligations. Child support shall be established in accordance with such guidelines, which guidelines are presumed to be in the best interests of the child, unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the application of the guidelines will result in a fair and equitable child support order.

Source

Cross References

Annotations

1. General

2. Miscellaneous

1. General

Though the Nebraska Child Support Guidelines are to be applied as a rebuttable presumption, offering flexibility and guidance rather than a stringent formula, the guidelines generally cannot be construed to allow for a deviation that is contrary to one of its specific provisions. Donald v. Donald, 296 Neb. 123, 892 N.W.2d 100 (2017).

All orders for child support shall be established in accordance with the provisions of the Nebraska Child Support Guidelines unless the court finds that one or both parties have produced sufficient evidence to rebut the presumption that the application of the guidelines will result in a fair and equitable child support order. Dueling v. Dueling, 257 Neb. 862, 601 N.W.2d 516 (1999).

Generally, child support payments should be set according to the Nebraska Child Support Guidelines. Bondi v. Bondi, 255 Neb. 319, 586 N.W.2d 145 (1998).

The court may deviate from the Nebraska Child Support Guidelines whenever application of the guidelines in an individual case would be unjust or inappropriate. Knippelmier v. Knippelmier, 238 Neb. 428, 470 N.W.2d 798 (1991).

The child support guidelines set out a rebuttable presumption of a fair and equitable child support order. Stuczynski v. Stuczynski, 238 Neb. 368, 471 N.W.2d 122 (1991).

The Nebraska Supreme Court's child support guidelines apply to any child support matter adjudicated from and after October 1, 1987. Formanack v. Formanack, 234 Neb. 325, 451 N.W.2d 250 (1990).

Generally, child support payments should be set according to the guidelines. McDonald v. McDonald, 21 Neb. App. 535, 840 N.W.2d 573 (2013).

Child support payments should be set according to the Nebraska Child Support Guidelines established pursuant to this section, unless sufficient evidence rebuts the presumption that applying the guidelines will result in a fair and equitable child support order. Pool v. Pool, 9 Neb. App. 453, 613 N.W.2d 819 (2000).

The Nebraska Child Support Guidelines apply in juvenile cases where child support is ordered. In re Interest of Tamika S. et al., 3 Neb. App. 624, 529 N.W.2d 147 (1995).

In general, child support payments should be set according to the guidelines, but the trial court may deviate from the guidelines in an individual case if application of the guidelines would be unjust or inappropriate. McCall v. McCall, 1 Neb. App. 373, 496 N.W.2d 8 (1992).

2. Miscellaneous

Trial court did not abuse its discretion in considering expenses incurred by a person in raising offspring from a subsequent marriage in calculating that person's child support obligation to a former spouse. Czaplewski v. Czaplewski, 240 Neb. 629, 483 N.W.2d 751 (1992).

The Nebraska Child Support Guidelines constitute a material change of circumstances sufficient to justify consideration of proposed modification of child support orders entered before October 1, 1987, and may in some cases be retroactively applied to the date of the original ruling on the modification. State ex rel. Crook v. Mendoza, 1 Neb. App. 180, 491 N.W.2d 62 (1992).