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.
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
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
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.
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.
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.
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.
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
__:__ .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.
__:__. Absent a clearly articulated justification, any
deviation from the Nebraska Child Support Guidelines is an
abuse of discretion.
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
from the District Court for Nemaha County: Julie D. Smith,
R. Little, of Ballew Hazen, PC, L.L.O., for appellant.
Fankhauser, of Fankhauser, Nelsen, Werts, Ziskey &
Merwin, PC, L.L.O., for appellee.
Pirtle, Bishop, and ...