Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hall v. Hall

Court of Appeals of Nebraska

February 5, 2019

Jennifer Jo Hall, now known as Jennifer Jo Johnson, appellant,
v.
Kevin James Hall, appellee.

         1. Modification of Decree: Appeal and Error. Modification of a dissolution decree is a matter entrusted to the discretion of the trial court, whose order is reviewed de novo on the record, and which will be affirmed absent an abuse of discretion by the trial court.

         2. Judgments: Words and Phrases. An abuse of discretion occurs when a trial court bases its decision upon reasons that are untenable or unreasonable or if its action is clearly against justice or conscience, reason, and evidence.

         3. Child Custody: Modification of Decree: Proof. Ordinarily, custody of a minor child will not be modified unless there has been a material change in circumstances showing that the custodial parent is unfit or that the best interests of the child require such action. First, the party seeking modification must show a material change in circumstances, occurring after the entry of the previous custody order and affecting the best interests of the child. Next, the party seeking modification must prove that changing the child's custody is in the child's best interests.

         4. Modification of Decree: Words and Phrases. A material change in circumstances means the occurrence of something which, had it been known to the dissolution court at the time of the initial decree, would have persuaded the court to decree differently.

         5. Modification of Decree. Changes in circumstances which were within the contemplation of the parties at the time of the decree are not material changes in circumstances for purposes of modifying a divorce decree.

         6. Motions to Dismiss: Directed Verdict. A motion for directed verdict in a jury trial is equivalent to a motion to dismiss in a nonjury trial.

         7. Motions to Dismiss: Proof. In a court's review of evidence on a motion to dismiss, the nonmoving party is entitled to have every controverted [26 Neb.App. 878]fact resolved in his or her favor and to have the benefit of every inference which can reasonably be drawn therefrom, and where the moving party's evidence meets the burden of proof required and the moving party has made a prima facie case, the motion to dismiss should be overruled.

         8. Child Support: Rules of the Supreme Court. As a general matter, child support obligations should be set according to the provisions of the Nebraska Child Support Guidelines.

         9. __:__ .A court may deviate from the Nebraska Child Support Guidelines, but only if it specifically finds that a deviation is warranted based on the evidence.

         10. __:__. Absent a clearly articulated justification, any deviation from the Nebraska Child Support Guidelines is an abuse of discretion.

         11. Child Support. Child support may be based on a parent's earning capacity when a parent voluntarily leaves employment and a reduction in that parent's support obligation would seriously impair the needs of the children.

          Appeal from the District Court for Nemaha County: Julie D. Smith, Judge.

          Adam R. Little, of Ballew Hazen, PC, L.L.O., for appellant.

          Allen Fankhauser, of Fankhauser, Nelsen, Werts, Ziskey & Merwin, PC, L.L.O., for appellee.

          Pirtle, Bishop, and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.