Welch v. Peery (Nebraska 2019)
Any modification of child support or waiver must be in the child’s best interest. The mother in this case filed a petition for permission to move out of state, and the father opposed it. The mother testified she was willing to waive support so that the father could have additional money for travel. In the final order, the district court permitted the move and found that a modification of support was not properly before the court. The father appealed. The appellate court reversed the decision on other grounds, but upheld the decision not to modify support. The appellate court assumed the issue of support was properly before the court. The court found that father had a minimal support obligation and didn’t show that he couldn’t comply with the order. While the parents had discussed a waiver, the father failed to show how a waiver was necessary or in the child’s best interests.