Armknecht v. Armknecht

Summary

The Nebraska Supreme Court affirmed a district court order modifying child custody and child support after one child began living with the father. The court upheld the use of the parties' earning capacities rather than disputed current earnings, the exclusion of speculative income and benefits, and the calculation of credits for the father's subsequent children.

Holdings

1. The district court did not abuse its discretion by using the parties' earning capacities rather than their asserted current incomes because the evidence concerning current income was conflicting and controlled by their respective spouses.
2. The district court did not err by directing Alita's counsel to prepare calculations after the court made findings establishing each party's monthly income and then adopting the proposed findings and worksheet.
3. The district court did not abuse its discretion in calculating the subsequent-child credit because its method considered the support obligations of both families and did not benefit one family at the expense of the other.

Questions Presented

1. Whether the district court abused its discretion by calculating child support using the parties' earning capacities, including historical income, rather than their asserted current incomes.
2. Whether the district court erred by adopting proposed child support calculations prepared by Alita's counsel instead of making independent findings and calculations.
3. Whether the district court abused its discretion in calculating Jason's deduction or credit for his two subsequent children.

Disposition

affirmed