Brooks v. Brooks

In Brooks v. Brooks, 261 Neb. 289, 622 N.W.2d 670 (2001), the Nebraska Supreme Court was presented with a situation: namely modification of child support for prior children when both parents had children from subsequent marriages. In modifying the father's child support obligation, the trial court did not utilize worksheet 1 of the guidelines, but included worksheet 5 with its order. The worksheet deducted a figure from the father's income for support of the four children from his subsequent marriage but did not describe how the court had reached this amount. In discussing deviations from the guidelines, the Brooks court stated: We conclude that there is no precise mathematical formula applicable to situations where a court deviates from the guidelines when children from subsequent relationships are involved. Subsequent familial relationships vary widely from case to case. When a deviation from the guidelines is appropriate, the trial court should consider both parents' support obligations to all children involved in the relationships. In considering the obligation to those subsequent children, the trial court should take into consideration the income of the other parent of these children as well as any other equitable considerations. We hold that the specific formula for making such calculations is left to the discretion of the trial court, as long as the basic principle that both families are treated as fairly as possible is adhered to. We again emphasize that the trial court shall include the appropriate worksheets with its order and provide in its order the amount of support that would have been required under the guidelines absent a deviation. We further emphasize the importance of providing the methods used when calculating a deviation by showing this either on the worksheets or in the order. (261 Neb. at 295-296, 622 N.W.2d at 675.) The Supreme Court in Brooks noted the trial court's failure to include worksheet 1 with its order and the Supreme Court's own inability to determine how the father's income figure was ascertained. The Supreme Court also noted that the record did not show that the trial court calculated the deviation in a manner that properly considered the father's support obligation to both families. Finally, the order in Brooks did not set forth the amount of support that would have been required under the guidelines absent a deviation. "Without worksheet 1 and additional information, we are unable to determine whether the trial court considered the father's obligation to his child at issue when it calculated a deviation based on the support of the father's other children. The inference is that it did not do so." The Nebraska Supreme Court held that there is no precise mathematical formula applicable to situations where a court deviates from the guidelines when children from subsequent relationships are involved. The court further held: The specific formula for making such calculations is left to the discretion of the trial court, as long as the basic principle that both families are treated as fairly as possible is adhered to. We again emphasize that the trial court shall include the appropriate worksheets with its order and provide in its order the amount of support that would have been required under the guidelines absent a deviation. We further emphasize the importance of providing the methods used when calculating a deviation by showing this either on the worksheets or in the order. Brooks v. Brooks, 261 Neb. at 296, 622 N.W.2d at 675.