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Grahovac v. Grahovac6/8/2004
netheless, that does not end our inquiry. We still must determine whether Susan's increase in income, standing alone, justified a reduction in Michael's child support obligation. A rebuttable presumption establishing a material change of circumstances occurs when application of the child support guidelines results in a variation by 10 percent or more, but not less than $25, upward or downward, of the current child support obligation due to financial circumstances which have lasted 3 months and can reasonably be expected to last for an additional 6 months. Nebraska Child Support Guidelines, paragraph Q.
In order to determine whether there was a 10-percent variation, we must complete a child support worksheet because there was not one attached by the trial court. Once again, we reiterate the importance of attaching a child support worksheet, since the trial court failed to do so for the original decree as well as for the modification order. See Gallner v. Hoffman, 264 Neb. 995, 1002, 653 N.W.2d 838, 844 (2002) ("'trial courts must show the appellate courts, and the parties, that they have "done the math"'"), quoting Stewart v. Stewart, 9 Neb. App. 431, 613 N.W.2d 486 (2000). At the time of the original decree in 1999, Susan was earning $750 per month. In 2002, her monthly gross income was $2,735. Because we have found that Michael's change in employment was not done in good faith, to calculate child support, we use Michael's income as stated in his 1999 tax return because it most closely reflects his income at the time of the decree. Michael's 1999 gross monthly income, based on his annual gross income of $99,788, was $8,315. According to the child support worksheets we have prepared and attached to our opinion as appendix A, Michael's monthly child support obligation is $1,376 for two children and $930 for one child. In comparing this to the $1,550 Michael was ordered to pay monthly for two children in the original decree, we find there has been an 11-percent decrease, which constitutes a material change in circumstances under the child support guidelines. The trial court did not abuse its discretion in reducing the child support obligation. However, the court did abuse its discretion in the amount it ordered Michael to pay. Therefore, on remand, we instruct the trial court to adopt our child support worksheets (appendix A) and set monthly child support at $1,376 for two children and $930 for one child, effective May 1, 2002, given that the petition to modify was filed April 15, 2002.
CONCLUSION
Because there was no good cause to justify a reduction in alimony, we find that the district court abused its discretion, and we reverse that decision of the district court. However, as to child support, we find that the trial court did not err in decreasing Michael's child support obligation but that it did err in calculating the amount to be paid. Therefore, we remand the cause to the trial court with directions to modify the decree, ordering Michael to pay monthly child support in the amount of $1,376 for two children and $930 for one child, retroactive to May 1, 2002.
Affirmed in part as modified, and in part reversed and remanded with directions.
Appendix A (in PDF format)
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