Kolar v. Tester (Nebraska 2017)

No. A-16-1072 (Neb. Ct. App. 2017)
June 2017

The court appropriately used its discretion to calculate income for a father who regularly works more than a 40-hour work week. The father testified that he works between 45 – 50 hours per week, even though he is only guaranteed 40. He is paid at a higher rate for the additional hours. The court calculated his income by multiplying 45 hours a week by the lower hourly rate. The Father appealed and argued the court should have used 40 hours. The appellate court found the income determination well within the court’s discretion. The calculation factored in a few extra hours but at the lower rate of pay.