Anderson v. Anderson (Nebraska 2018)

A-17-894 (Neb. Ct. App. 2018)
July 2018

Courts have some flexibility in determining income for child support purposes. The father appealed the court’s determination of his monthly income for child support. The father owned a lawn care business. He testified that he cashed checks and received cash for services that he did not deposit in his bank account. He also testified that he had the ability to cover his monthly personal expenses. The court determined that the father’s monthly income calculation and tax returns did not fairly represent his income. Relying on his testimony that he covered his monthly expenses, the court set his income as the amount of his expenses. The Court of Appeals upheld this decision. It noted that courts have flexibility in determining income in that child support proceedings are equitable.