S-17-1152 Hotz v. Hotz
Lincoln County District Court, Judge Richard A. Birch
Attorneys: Kent A. Schroeder (Ross, Schroeder & George, LLC)(Appellant) --- R. Bradley Dawson (Lindemeier & Dawson)
Civil: Custody modification; child support
Proceedings below: The district court modified both the parenting plan and child support. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The district court abused its discretion in 1) failing to accurately calculate child support, 2) finding that Neb. Ct. R. §4-204 must be read in conjunction with Neb. Ct. R. §4-213 in reviewing child support in a modification of child support case, 3) excluding alimony income from the recipient’s total income and failing to subtract alimony paid from the payor’s income in determining child support, 4) finding that the Appellant’s depreciation was not determined in accordance with the requirements and burden of proof contained in Neb. Ct. R. §4-204 of the Nebraska Child Support Guidelines, 5) finding that the Appellant failed to meet the two prong test of establishing a material change of circumstances and that the material change was not within the contemplation of the parties when the decree was entered, 6) abating the Appellee’s child support by 80 percent for the months of June, July, and August, 7) determining the Appellee’s earning capacity, and 8) finding that the Appellant’s gross income was $5,794.00 per month.