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Schwarz v. Schwarz

Supreme Court of Nebraska

January 23, 2015

PAUL M. SCHWARZ, APPELLANT,
v.
KRISTI L. SCHWARZ, NOW KNOWN AS KRISTI L. HENDRICKSON, APPELLEE

Page 803

Appeal from the District Court for Dawson County: DONALD E. ROWLANDS, Judge.

REVERSED AND REMANDED WITH DIRECTIONS.

Derek L. Mitchell for appellant.

Bradley D. Holbrook and Nicholas A. Buda, of Jacobsen, Orr, Lindstrom & Holbrook, P.C., L.L.O., for appellee.

HEAVICAN, C.J., WRIGHT, CONNNNOLLLLY, STEPHAN, MCCORMACK, MILLLLER-LERMAN, and CASSEL, JJ.

OPINION

Page 804

[289 Neb. 961] Connolly, J.

SUMMARY

The district court dissolved the marriage of Paul M. Schwarz and Kristi L. Schwarz, now known as Kristi L. Hendrickson, and gave Paul custody of their minor child Paul Caleb Schwarz (Caleb). Paul later moved to modify the amount of child support Kristi paid, alleging that the parties' income had materially increased. The court increased Kristi's support obligation after applying a deduction for her subsequent child and a credit for the amount she paid for health insurance that covered Caleb. On appeal, Paul argues that Kristi did not present sufficient evidence to allow a deduction for her subsequent child and that she should not have received a credit for health insurance. We affirm the deduction for Kristi's subsequent child but conclude that the court abused its discretion by giving Kristi a credit for the cost of health insurance.

BACKGROUND

In 2001, the court entered a decree dissolving the marriage of Kristi and Paul. The court gave custody of their minor child Caleb to Paul in 2006 and ordered Kristi to pay child support. The court ordered Paul to maintain health insurance for the benefit of Caleb. The court allocated nonreimbursed [289 Neb. 962] necessary health care costs for Caleb in excess of $480 per year to Kristi and Paul in proportion to their contributions to Caleb's support. In

Page 805

2011, the court reduced Kristi's support obligation for Caleb ...


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