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Grahovac v. Grahovac6/8/2004
s' incomes. Thus, we turn to the matter of the increase in Susan's income.
[8,9] An increase in income is a circumstance that may be considered in determining whether an award of alimony should be modified. Northwall v. Northwall, 238 Neb. 76, 469 N.W.2d 136 (1991). However, a modification is only warranted when a change of circumstances is of a material and substantial nature and was not contemplated at the time of the decree. See Cooper v. Cooper, 219 Neb. 64, 361 N.W.2d 202 (1985). Since the time of the decree in January 1999, Susan's income has increased from $750 per month (the record does not reveal if such amount was gross or net income) to a gross income of $2,735 per month in 2002. At the modification hearing, Susan testified regarding whether the parties contemplated her working full time at the time of the decree as follows:
Q: When the decree was entered in January of 1999, was part of the arrangement going to be that you would seek full-time employment?
A: I knew that I would have to go back to work full time, yes.
Q: And both parties knew that; is that correct?
A: Yes.
Q: When the decree was entered . . . in January of 1999, were you working full time at that point in time?
A: No. . . .
Q: And at that point in time, it was anticipated that you were going to seek employment on a full-time basis at the highest rate you could find?
A: Yes.
Michael did not dispute this testimony. Further, the decree of dissolution provides that Michael would pay 80 percent of the monthly daycare expenses while Susan was working and 50 percent of the monthly daycare expenses while Susan attended college. This provision and the record, read as a whole, show that at the time of the decree, the parties anticipated that Susan would obtain full-time employment. Therefore, the trial court abused its discretion in finding that Susan's increased income constituted a material change of circumstances which justified in any way a reduction in the amount of Michael's alimony obligation.
Because we find that there was no good cause justifying modification of alimony, it is unnecessary to address Susan's last two assignments of error relating to alimony. An appellate court is not obligated to engage in an analysis which is not needed to adjudicate the case and controversy before it. Russell v. Stricker, 262 Neb. 853, 635 N.W.2d 734 (2001). We reverse the trial court's order reducing the amount of Michael's alimony obligation.
Child Support.
[11,12] Susan also asserts that the trial court erred in finding a material change in circumstances to justify reducing Michael's child support obligation. A party seeking to modify a child support order must show a material change of circumstances which occurred subsequent to the entry of the original decree or a previous modification and which was not contemplated when the prior order was entered. Lambert v. Lambert, 9 Neb. App. 661, 617 N.W.2d 645 (2000). It is well established that a "material change in circumstances" in modification of child support cases is analogous to the "good cause" standard articulated for modification of alimony. See id. See, also, Pope v. Pope, 251 Neb. 773, 559 N.W.2d 192 (1997). We have already determined that Michael's diminished financial position was due to his own fault or voluntary wastage and dissipation of his talents and assets. Thus, we find that Michael's income reduction cannot constitute a material change in circumstances for reduction in child support for the same reasons as we have articulated above concerning reducing alimony. See Lambert v. Lambert, supra.
No
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