Calleja v. Calleja (Nebraska 2018)

A court may use actual income, not earning capacity, for child support purposes even when a parent makes a job change and the new job results in less income. The father, a tile installer, left a job to start his own business. As a result, his income decreased. The district court calculated support using his actual income from his business. The mother appealed, arguing the court should have used his earning capacity. The appellate court disagreed and found that the decision was well within the Court’s discretion. The evidence showed that father changed jobs in good faith and that mother had no objection to his job change at the time.