Caldwell Argues Before the Nebraska Supreme Court

I recently had the privilege to argue a Nebraska family law appeal in front of the Nebraska Supreme Court regarding a family law case dealing with how child support should be calculated under the Nebraska Child Support Guidelines.

Basic Facts:

Here are the basic facts and the Nebraska paternity court’s decision:

Earning Capacity or Actual Wages for Calculating Nebraska Child Support:

The father of a minor child would not hold steady employment while obligated to financially support his child. The father would hold a job for a short time and then would quit to change careers, take voluntary jobs, or go back to school. The argument made was that for purposes of calculating child support, the father’s income should only be listed as minimum wage. The mother’s argument, my client, was that the father had an earning capacity much greater than minimum wage. The last job the father held before trial had him receiving over $15.00 an hour before he voluntarily quit that job to attend further schooling. The Nebraska paternity court determined that for purposes of calculating child support, father earned over $15.00 an hour.

Parent’s Duty to Contribute to Child’s Daycare Expenses:

During a previous modification case, the father earned income that put him under the poverty restrictions of the Nebraska Child Support Guidelines. This prohibited the paternity court from ordering that the father pay a portion of healthcare or daycare expenses. The mother’s argument is that now that the father’s earning capacity places him above the poverty restrictions, the paternity court should order and require that father pay a portion of these expenses. The Nebraska paternity court denied ordering father to pay these expenses.

Are Nebraska Child Support Orders Retroactive To The Beginning Of The Case:

This modification was filed in February 2012 and trial was not complete until September 2012. The mother argues that due to father’s bad faith (not answering discovery questions, constantly quitting jobs, etc.) the new child support order should be retroactive to the first day of the month following the modification case being filed. The father argues that doing so would create a huge financial burden on him and would additionally create an instantly large child support arrearage for the missed months. The Nebraska paternity court denied having the child support order retroactive to the beginning of the case.

Legal Issues Before the Nebraska Supreme Court:

1. Should the Nebraska paternity or divorce court use a parent’s earning capacity rather than actual wages when a parent either refuses to work or voluntarily quits employment to elude his financial responsibility to his child.
2. Should a parent be obligated to pay a portion of a child’s daycare expenses when the other parent is working.
3. Should a Nebraska paternity or divorce court’s child support order be retroactive to the date the case began.

Nebraska Supreme Court Decision:

The Nebraska Supreme Court has not yet issued a decision in this case, but as soon as it is released, this blog will analyze it.

Click here for more information on the Nebraska Appeal process and how to appeal a family law case.