Cronin v. Cronin ( 2022 )


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  • Nebraska Supreme Court Online Library
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    05/31/2022 08:13 AM CDT
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    Nebraska Court of Appeals Advance Sheets
    31 Nebraska Appellate Reports
    CRONIN v. CRONIN
    Cite as 
    31 Neb. App. 38
    Jamie R. Cronin, now known as Jamie R.
    Maskil-Cronin, appellant and cross-appellee,
    v. Keith P. Cronin, appellee
    and cross-appellant.
    ___ N.W.2d ___
    Filed May 24, 2022.    No. A-21-310.
    1. Modification of Decree: Appeal and Error. Modification of a dis-
    solution decree is a matter entrusted to the discretion of the trial court,
    whose order is reviewed de novo on the record, and will be affirmed
    absent an abuse of discretion by the trial court.
    2. Evidence: Appeal and Error. When evidence is in conflict, the appel-
    late court considers and may give weight to the fact that the trial court
    heard and observed the witnesses and accepted one version of the facts
    rather than another.
    3. Child Support: Rules of the Supreme Court. The main principle
    behind the Nebraska Child Support Guidelines is to recognize the equal
    duty of both parents to contribute to the support of their children in pro-
    portion to their respective net incomes.
    4. ____: ____. When determining total income under the Nebraska Child
    Support Guidelines, all income from all sources is to be included except
    for those incomes specifically excluded.
    5. Child Support: Rules of the Supreme Court: Evidence: Presumptions.
    When determining total income under the Nebraska Child Support
    Guidelines, a court should not include income that is speculative in
    nature and over which the party has little or no control. But when the
    evidence shows the party earns or can reasonably expect to earn a cer-
    tain amount of income on a regular basis, a rebuttable presumption of
    including such income arises.
    6. Child Support. As a general matter, the parties’ current earnings are to
    be used in calculating child support.
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    CRONIN v. CRONIN
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    7. Child Support: Taxes. The choice of tax filing status when running a
    child support calculation should correlate with a party’s actual tax liabil-
    ity as closely as possible.
    8. Modification of Decree: Child Support: Proof. A party seeking to
    modify a child support order must show a material change in circum-
    stances that (1) occurred subsequent to the entry of the original decree
    or previous modification and (2) was not contemplated when the decree
    was entered.
    9. Modification of Decree: Child Support. Among the factors to be con-
    sidered in determining whether a material change of circumstances has
    occurred are changes in the financial position of the parent obligated to
    pay support, the needs of the children for whom support is paid, good
    or bad faith motive of the obligated parent in sustaining a reduction in
    income, and whether the change is temporary or permanent.
    10. Modification of Decree: Child Support: Rules of the Supreme Court.
    When a prior order of child support constitutes a deviation from the
    Nebraska Child Support Guidelines, a party may not seek modification
    of that order solely on the basis that the guidelines would result in a dif-
    ferent child support amount.
    11. Modification of Decree: Child Support. In determining whether to
    order a retroactive modification of child support, a court must consider
    the parties’ status, character, situation, and attendant circumstances.
    12. Modification of Decree: Child Support: Time. Absent equities to the
    contrary, modification of a child support order should be applied retro­
    actively to the first day of the month following the filing day of the
    application for modification.
    13. Modification of Decree: Time: Appeal and Error. The initial deter-
    mination regarding the retroactive application of a modification order is
    entrusted to the discretion of the court and will be affirmed on appeal
    absent an abuse of discretion.
    Appeal from the District Court for Sarpy County: Stefanie
    A. Martinez, Judge. Affirmed as modified.
    David Pontier, of Koenig | Dunne, P.C., L.L.O., for appellant.
    Virginia A. Albers, of Slowiaczek Albers, P.C., L.L.O., for
    appellee.
    Pirtle, Chief Judge, and Riedmann and Bishop, Judges.
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    CRONIN v. CRONIN
    Cite as 
    31 Neb. App. 38
    Bishop, Judge.
    I. INTRODUCTION
    Jamie R. Cronin, now known as Jamie R. Maskil-Cronin,
    appeals from an order of the Sarpy County District Court
    modifying the decree dissolving her marriage to Keith R.
    Cronin. She claims multiple errors relating to the district
    court’s modification of Keith’s child support obligation; Keith
    cross-appeals the court’s determination of Jamie’s income. We
    affirm the order as modified.
    II. BACKGROUND
    1. December 2011 Decree
    Jamie and Keith were married on September 29, 2001. Two
    sons were born during the marriage: Nathan Cronin, born in
    2002, and Brock Cronin, born in 2006. The marriage was dis-
    solved by decree on December 1, 2011. The decree adopted
    and incorporated the parenting plan agreed upon by Jamie and
    Keith, which gave the parties joint legal and physical custody
    of the children.
    As relevant to this appeal, the decree divided the financial
    obligations regarding the minor children between the parties.
    The decree ordered:
    [Jamie] shall pay forty percent (40%) and [Keith] shall
    pay sixty percent (60%) of the minor children’s extra-
    curricular and sports-related activities, including but not
    limited to, Select and Power sports, baseball, football,
    basketball, swimming, and other non-related school activ-
    ities the minor children participate in by mutual agree-
    ment of the parties.
    The decree also required Keith to maintain health insurance
    for both children. The children’s “co-pays and uninsured
    medical, dental, orthodontia, and ophthalmology expenses,”
    as well as “child care expenses incurred for the minor chil-
    dren . . . due to employment of either parent or to allow either
    parent to obtain training or education necessary to obtain
    a job or enhance earning potential,” were to be divided in
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    CRONIN v. CRONIN
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    31 Neb. App. 38
    the same fashion as the children’s sports and extracurricular
    expenses. The decree further ordered that Jamie “shall pay for
    all other incidental expenses of the minor children.” We also
    note that the “Explanation of Child Support Calculations”
    attached to the decree states that Jamie would “pay all direct
    expenses of the children with the exception of sports.”
    The decree ordered Keith to pay child support to Jamie
    for the two minor children. At the time of the decree, Keith’s
    income included annuity payments scheduled to end in June
    2013. He was also paying $450 per month in child support
    for a child from a previous marriage, and the “Explanation of
    Child Support Calculations” indicated that this child would be
    emancipated in April 2016. Three separate joint custody child
    support calculations were attached to the decree. The first cal-
    culated Keith’s obligation under the Nebraska Child Support
    Guidelines to be $648.74 per month for two children, and
    this calculation accounted for Keith’s annuity income and his
    prior child support obligation. The second calculated Keith’s
    child support to be $322.76 per month for two children while
    accounting only for his prior child support obligation. The
    third calculated Keith’s child support obligation to be $394.72
    per month for two children without accounting for his annuity
    income and prior child support obligation.
    The district court found that “[a]n upward deviation from
    the Nebraska Child Support Guidelines [was] warranted based
    on the expense sharing between the parties and child support
    should be increased as a result. . . .” The decree required Keith
    to pay Jamie $1,350 per month in child support until June 1,
    2013, after which Keith’s child support obligation would be
    reduced to $1,000 per month. Keith’s child support payments
    were scheduled to continue at this monthly rate until “one of
    the [parties’] minor children reaches the age of majority, dies,
    marries, [or] becomes emancipated, or until further order of
    this Court,” at which time Keith’s child support obligation
    would be further reduced to $800 per month.
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    CRONIN v. CRONIN
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    2. June 2020 Complaint for Modification
    On June 5, 2020, Keith filed an “Application to Modify
    Decree of Dissolution of Marriage” in the Sarpy County
    District Court. He alleged there had been a material change in
    circumstances since the entry of the decree due to changes in
    the parties’ respective incomes that justified modification of his
    child support obligation and the allocation of expenses for the
    parties’ children.
    Jamie filed an “Answer and Counterclaim” on July 22, 2020,
    denying the material allegations of Keith’s application. She
    alleged in her counterclaim that (1) Keith had “routinely failed
    to exercise his court-ordered parenting time,” (2) his work-
    related travel “prevents him from exercising his court-ordered
    parenting time,” and (3) his new residence “distance[d] the
    minor children from their school and friends.” Jamie requested
    the district court to grant her primary physical custody of the
    children and recalculate Keith’s child support obligation. Jamie
    thereafter filed an “Answer and Amended Counterclaim” on
    December 3 pursuant to a stipulation between the parties. In
    her amended counterclaim, Jamie again asserted the first two
    allegations initially made in her counterclaim, but dropped the
    third one. She further alleged that the “parties’ employment
    and incomes have changed” and requested the court to increase
    Keith’s child support obligation.
    Trial took place on March 22, 2021. Each party testified,
    and multiple exhibits were received regarding the parties’
    employment and financial circumstances. The testimony and
    exhibits will be discussed as relevant to the errors assigned in
    our analysis below.
    On April 9, 2021, the district court entered an order modi-
    fying the parties’ decree. The court found that both Jamie and
    Keith had each proved a material change in circumstances
    to warrant modification of child support. With respect to
    Keith, the court determined that Keith had proved “there has
    been a change in financial circumstances which [has] lasted
    three months and can reasonably be expected to last for an
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    31 Neb. App. 38
    additional six months and application of the child support
    guidelines does result in a variation by ten percent or more
    from the original child support obligation.” Regarding the par-
    ties’ employment and income, the court observed:
    4. [Keith’s] income has decreased due to a change in
    position at Union Pacific Railroad and the change in the
    distribution of retention shares. The Court finds that, to
    arrive at his current income, an average of the last five
    years is appropriate. Based on the evidence, [Keith’s]
    current monthly income is $16,985. [Keith] should also
    be given credit of $248 for health insurance paid per
    month for the children. As to the filing status, although
    there was testimony that [Keith] has remarried, there
    was no evidence as to [what] his current filing status is
    with his new spouse. As such, the filing status should
    be single.
    5. [Jamie] is currently unemployed. [She] was previ-
    ously employed for approximately 20 years at Union
    Pacific. Upon termination, [Jamie] was given a severance
    package of $130,000. The Court finds that the $130,000
    should not be counted as income for purposes of child
    support because it was a one-time payment. The Court
    also finds that [she] should be assessed her last year’s
    income while employed at Union Pacific. This was an
    otherwise steady income and there was no evidence that
    her earning capacity has decreased. Therefore, [Jamie’s]
    current monthly income should be assessed at $9,139 and
    her tax filing status should be “head of household.”
    The district court also concluded that the “upward devia-
    tion [in the December 2011 decree] is no longer necessary and
    should be removed,” noting that incidental expenses allocated
    to Jamie under the decree had “been less than $600 per month
    for the last few years” and that the children’s “sport and activ-
    ity expenses will significantly decrease” as a result of the
    children entering high school. The court also observed that
    in addition to child support and his share of other expenses,
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    CRONIN v. CRONIN
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    31 Neb. App. 38
    Keith had been paying “approximately $440 per month” for
    his sons’ cell phones and the elder son’s car. The court further
    found that Jamie has, “at most, . . . had ten extra days per year
    with the children” due to Keith’s business travel, although
    it noted that Keith was “able to be flexible” with his work-
    related travel.
    After setting forth its factual findings, the district court
    ordered Keith to pay $451 per month in child support for two
    children retroactive to July 1, 2020. The order provided that
    this obligation would be reduced to $291 per month when
    only one of the parties’ children would be eligible to receive
    child support. The court also modified the parties’ cost-sharing
    arrangement, ordering Keith to pay 63 percent of “[a]ll rea-
    sonable and necessary direct expenditures made solely for the
    minor children such as clothing and extracurricular activities”
    while Jamie would pay the remaining 37 percent, and the order
    further required that “[a]ny expense over $100 shall be agreed
    to in advance.” The court denied any other relief not expressly
    addressed in the order.
    Jamie appeals and Keith cross-appeals the district court’s
    order.
    III. ASSIGNMENTS OF ERROR
    Jamie claims on appeal that the district court abused its
    discretion in (1) calculating Keith’s modified child support
    obligation based on inaccurate findings concerning Keith’s
    income, marital status, child tax credits and exemptions, and
    annual overnights with the children; (2) finding that a material
    change in circumstances existed that warranted modification of
    Keith’s child support obligation; and (3) setting Keith’s modi-
    fied child support obligation retroactive to July 1, 2020, with-
    out also retro­actively modifying Jamie’s obligations under the
    December 2011 decree to the same date.
    On cross-appeal, Keith claims the district court incorrectly
    imputed income to Jamie and should have adopted his pro-
    posed child support calculation.
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    CRONIN v. CRONIN
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    31 Neb. App. 38
    IV. STANDARD OF REVIEW
    [1,2] 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 will be affirmed absent an
    abuse of discretion by the trial court. Tilson v. Tilson, 
    307 Neb. 275
    , 
    948 N.W.2d 768
     (2020). When evidence is in conflict, the
    appellate court considers and may give weight to the fact that
    the trial court heard and observed the witnesses and accepted
    one version of the facts rather than another. 
    Id.
    V. ANALYSIS
    1. Calculation of Parties’ Incomes
    We first note that Jamie and Keith each argue, on appeal
    and cross-appeal respectively, that the district court erred in
    calculating the other’s income for purposes of child support.
    The court found a material change in circumstances stemming
    in part from changes in each party’s income and employment
    that would result in a variation by 10 percent or more from
    the original child support obligation. Accordingly, we examine
    the court’s calculation of the parties’ incomes as a threshold
    matter before we determine whether a material change in
    circumstances has occurred since the entry of the December
    2011 decree.
    (a) Keith’s Income
    (i) Evidence at Trial
    Keith testified that his employment with Union Pacific
    Railroad (Union Pacific) has continued since the entry of the
    December 2011 decree. However, his original position was
    “eliminated” in October 2018 and he was able to find a new
    position with Union Pacific shortly thereafter. Keith explained
    that his compensation primarily entailed three major pieces: an
    “annual-based salary,” a “performance-based” bonus, and an
    annual stock award of “retention shares” automatically placed
    in an “E-TRADE” account provided to Keith. According to
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    CRONIN v. CRONIN
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    Keith’s testimony, these shares would vest after 4 years so
    long as the recipient remained employed by Union Pacific.
    Upon vesting, “a certain amount [of shares] are sold to cover
    the taxes for those shares,” and Keith could then either sell the
    remaining shares immediately or hold them as an investment.
    In either case, Keith affirmed that the income reported on his
    annual W-2 “reflect[ed] the total vesting of retention shares in
    any given year, [including] those that were sold and those that
    [he] would be retaining.”
    Keith testified that the retention shares were a “significant
    aspect” of his employment compensation and that the number
    of shares he received annually had been decreasing over several
    years. According to Keith’s “E-TRADE” account statements
    received at the modification hearing, he received 550 retention
    shares in 2014, 546 shares in 2015, 385 shares in 2016, 280
    shares in 2017, 241 shares in 2018, 75 shares in 2019, and 97
    shares in 2020. As of December 2020, Keith’s retention shares
    from 2017 through 2020 had a market price of $208.22 per
    share and were worth approximately $144,296 in total. Keith
    further received 34 shares in February 2021, and these shares
    were valued at approximately $7,000 upon receipt.
    The record includes copies of various financial documents
    regarding Keith’s income, including his tax returns from 2018
    and 2019 filed jointly with his current wife, his W-2 forms
    from 2017 through 2020, and his compensation statements from
    Union Pacific. According to his W-2 forms, which included the
    value of the retention shares that vested each year, Keith’s total
    income was $249,222 in 2017; $249,386 in 2018; $253,271 in
    2019; and $226,919 in 2020. We also note that Keith reported
    $66,032.82 in proceeds from the short-term sale of 387 shares
    of Union Pacific stock on his 2019 tax return and $41,259.74
    in proceeds from the short-term sale of 321 shares of Union
    Pacific stock on his 2018 tax return. His 2018 tax return also
    reports $62,514.57 in proceeds from the long-term sale of 487
    shares of Union Pacific stock.
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    Regarding his 2021 income, Keith testified on cross-­
    examination that his “base salary” for 2021 was $149,556 and
    that he would receive a bonus of $24,000. He further affirmed
    that he had received 280 retention shares in February 2017 and
    that these shares had a combined value of $55,608 when they
    vested on February 2, 2021. Added together, these amounts
    total approximately $229,164.
    (ii) Calculation of Keith’s Income
    Jamie and Keith each offered an aid to the district court
    in calculating Keith’s child support, and both exhibits were
    received by the court accordingly. Jamie offered exhibit 26, a
    child support calculation worksheet listing Keith’s income as
    $19,097 per month, or $229,164 annually.
    Keith offered exhibit 16 as a summary of his current income.
    Exhibit 16 added Keith’s 2021 salary and bonus together for a
    total of $173,556 representing his cash compensation. Exhibit
    16 further combined the values of Keith’s retention shares
    from 2017 through 2021 for a 5-year total value of $151,296
    based on the shares’ values set forth in Keith’s December
    2020 “E-TRADE” statement and 2020 compensation state-
    ment. This amount was then divided over 5 years for an aver-
    age annual retention share value of $30,259. After combining
    this amount with Keith’s 2021 cash compensation, exhibit 16
    estimated Keith’s income to be $203,815 per year, or $16,985
    per month.
    In its order modifying child support, the district court found
    in pertinent part that Keith’s “income has decreased due to
    a change in position at Union Pacific . . . and the change in
    the distribution of retention shares” and that “to arrive at his
    current income, an average of the last five years is appropri-
    ate.” The court determined Keith’s current monthly income to
    be $16,985.
    Jamie claims that the district court erred in calculating
    Keith’s income. She asserts the court “explicitly found that
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    the average of Keith’s last five years of gross income was
    the appropriate method to determine his total income.” Brief
    for appellant at 18. However, she notes that the court instead
    “attempted to average [Keith’s] 2021 income with his projected
    future incomes for 2022, 2023, and 2024.” Id. at 20. She argues
    that the value of Keith’s retention shares that will vest after
    2021 is “unknowable,” and she notes that although Keith testi-
    fied as to the reduced number of shares he received each year,
    the value of his shares has “nearly doubled in the three years
    leading up to trial.” Id.
    [3-5] The main principle behind the Nebraska Child Support
    Guidelines is to recognize the equal duty of both parents to
    contribute to the support of their children in proportion to
    their respective net incomes. Hotz v. Hotz, 
    301 Neb. 102
    , 
    917 N.W.2d 467
     (2018). The Nebraska Supreme Court has stated
    that under the Nebraska Child Support Guidelines, “‘all income
    from all sources is to be included except for those incomes
    specifically excluded.’” Hotz v. Hotz, 
    301 Neb. at 108
    , 917
    N.W.2d at 474. However, the Supreme Court has cautioned that
    a party’s monthly income for child support purposes should
    not include amounts that are “‘“speculative in nature and over
    which the [party] has little or no control.”’” See Vanderveer
    v. Vanderveer, 
    310 Neb. 196
    , 218, 
    964 N.W.2d 694
    , 710-11
    (2021). See, also, Noonan v. Noonan, 
    261 Neb. 552
    , 
    624 N.W.2d 314
     (2001). “But when the evidence shows the party
    ‘earns or can reasonably expect to earn a certain amount of
    income on a regular basis, a rebuttable presumption of includ-
    ing such income arises under the Guidelines.’” Vanderveer v.
    Vanderveer, 
    310 Neb. at 218
    , 964 N.W.2d at 711.
    Neither party disputes that the calculation of Keith’s income
    should include some amount attributed to the retention shares
    that he has received and will continue to receive as annual
    compensation. The evidence as described above indicates that
    Keith was regularly selling some amount of his retention
    shares immediately after they vested, and we agree that it
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    was appropriate to include some amount attributable to his
    retention share awards in the computation of his income
    for child support purposes. See Vanderveer v. Vanderveer,
    
    supra
     (reversing district court’s exclusion of father’s proceeds
    from cashed restricted stock units from calculation of father’s
    income for child support purposes; father received stock units
    as part of his employment compensation and regularly cashed
    vested stock units to generate significant income over several
    prior years).
    Although not expressly stated in its modification order, it
    is evident the district court relied on Keith’s calculation of his
    income as set forth in exhibit 16. However, we note that exhibit
    16 calculated the value of Keith’s retention shares from 2017
    through 2020 based on the December 31, 2020, market price of
    Union Pacific stock, despite the fact that these shares had not
    yet vested at that time. While a flexible approach is used to cal-
    culate parents’ respective incomes for child support purposes,
    such calculations “‘should not be based on income that is
    “speculative in nature and over which the employee has little or
    no control.”’” Vanderveer v. Vanderveer, 
    310 Neb. at 218
    , 964
    N.W.2d at 710-11. Attempting to average the value of Keith’s
    unvested retention shares in this manner necessarily invites the
    speculation cautioned against by the Nebraska Supreme Court,
    as those shares may vest with a lower, equal, or higher value
    than Union Pacific’s stock market price on December 31, 2020.
    Accordingly, we conclude the district court abused its discre-
    tion in calculating Keith’s monthly income to the extent that
    this calculation averaged the value of Keith’s unvested reten-
    tion shares.
    Jamie argues that this court should calculate Keith’s income
    for child support purposes by averaging his total income
    from 2017 through 2021. As set forth previously, the incomes
    reported in Keith’s W-2 forms were $249,222 in 2017; $249,386
    in 2018; $253,271 in 2019; and $226,919 in 2020. Keith
    also testified that his 2021 income would total approximately
    $229,164. Adding these amounts together provides a total of
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    $1,207,962, and dividing that amount over 5 years results in an
    average annual income of $241,592.40.
    Although Jamie’s approach is representative of a more typi-
    cal income averaging calculation, we find that this calculation
    would neglect the balance of equities in this case. The evidence
    indicates that the number of retention shares Keith has received
    as compensation has decreased from 550 shares in 2014 to just
    34 shares in 2021. While there is also indication that the value
    of these shares has increased from “$134 [in December 2017]
    to [$]208” in December 2020, we observe that the decrease
    in the number of shares received has substantially surpassed
    the increase in the shares’ market value. We further note that
    Keith’s annual bonuses have also been steadily decreasing
    from $50,000 in 2018 to $24,000 in 2021. In light of the record
    in this case, we find that averaging Keith’s income from prior
    years would yield an inequitable result given the substantial
    reduction both in his annual bonus and in the number of reten-
    tion shares awarded as compensation.
    [6] We note that as a general matter, the parties’ current earn-
    ings are to be used in calculating child support. See Armknecht
    v. Armknecht, 
    300 Neb. 870
    , 
    916 N.W.2d 581
     (2018). Keith
    affirmed that at the time of the modification hearing, he knew
    “almost to the dollar . . . what [he] will make in 2021,” and he
    agreed that his total income for 2021 would be $229,164, or
    $19,097 per month. In consideration of the evidence regard-
    ing Keith’s income, we conclude that Keith’s 2021 income
    provides the most equitable and least speculative result in cal-
    culating child support. Accordingly, for purposes of calculating
    Keith’s child support obligation, we determine Keith’s gross
    monthly income to be $19,097.
    (b) Jamie’s Income
    In his cross-appeal, Keith argues that the district court
    abused its discretion in the amount of income imputed to Jamie
    and claims the court should have adopted his calculation of
    Jamie’s income.
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    (i) Trial Evidence
    Jamie’s employment with Union Pacific ended in November
    2020. Jamie reported $109,668 as income in her 2019 tax
    return, and this matches her 2019 salary as described by her
    2019 compensation statement from Union Pacific. Her 2019
    compensation statement also indicates that her salary increased
    to $112,404 as of March 1, 2020, and her compensation for
    2020 included a cash bonus of $12,000 and an award of reten-
    tion shares granted on February 6 with a then-current value of
    $11,000. Following her termination of employment, Jamie was
    provided a cash severance payment of $93,670 and cash bonus
    of $10,000. Her severance also included “[p]rorated vesting of
    outstanding equity awards” from 2017 through 2019, and she
    received 273 vested retention shares.
    (ii) Calculation of Jamie’s Income
    In its order, the district court imputed $9,139 in monthly
    income to Jamie, finding that she “should be assessed her last
    year’s income while employed at Union Pacific.” The court
    further determined that Jamie’s severance package, which it
    found to be worth approximately $130,000, should not be
    counted as income in the child support calculation because “it
    was a one-time payment.”
    Keith identifies that Jamie’s 2020 salary and cash bonus
    total $124,404, and he directs this court to exhibit 18, which
    is a copy of his child support calculation worksheet offered as
    an aid to the district court. Exhibit 18 sets Jamie’s income at
    $10,417 per month, or $125,004 annually. Keith argues that this
    amount is “closer” to Jamie’s 2020 salary and cash bonus as
    set forth in her 2019 compensation statement and that exhibit
    18 should therefore have been adopted. Brief for appellee on
    cross-appeal at 21. He also asserts that exhibit 18 “ran both
    parents as ‘Head of Households’” and “better approximates
    Keith’s income for child support purposes than a single tax fil-
    ing status.” Brief for appellee on cross-appeal at 21.
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    On our de novo review of the record, we find that the dis-
    trict court abused its discretion in imputing a gross monthly
    income of $9,139 to Jamie. We observe that this amount taken
    over 12 months equals $109,668, her reported salary for 2019.
    However, while it is true that Jamie’s employment was termi-
    nated before she received her full 2020 salary of $112,404,
    we note that her earnings from March 2020 until her termina-
    tion in November 2020 reflected her 2020 salary. During this
    timeframe, Jamie earned approximately $9,367 per month for
    over 6 months. We find that her most recent monthly income
    best represents her present earning capacity and that it would
    therefore be appropriate to impute $9,367 per month in gross
    income to Jamie. Although Keith urges this court to account
    for Jamie’s $12,000 bonus in the calculation of her income,
    we conclude that it would be speculative to include this
    amount, as it is unclear whether Jamie’s future compensation
    would include similar bonus payments in addition to her sal-
    ary. Accordingly, we determine Jamie’s monthly income to be
    $9,367 for purposes of calculating child support.
    2. Other Factors in Child
    Support Calculation
    In addition to the calculation of Keith’s income, Jamie raises
    other issues concerning the district court’s child support calcu-
    lation. We proceed to examine these issues before setting forth
    a modified child support worksheet.
    (a) Keith’s Filing Status
    Jamie argues that the district court erred in determining that
    Keith’s tax filing status was single for purposes of calculating
    child support. She argues that this finding was contrary to the
    evidence presented at trial.
    In its order, the district court found in pertinent part that
    “although there was testimony that [Keith] has remarried,
    there was no evidence as to [what] his current filing status
    is with his new spouse. As such, [his] filing status should
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    be single.” However, Keith testified that in addition to hav-
    ing remarried, he files his tax returns jointly with his current
    wife, and his 2018 and 2019 tax returns reflect his filing sta-
    tus as “Married filing jointly” with his current wife. Further,
    Keith’s proposed child support calculation set his filing status
    to “Head of Household,” and Jamie’s proposed calculation set
    Keith’s filing status to “Married Filing Jointly.” Our de novo
    review of the record does not reveal any evidence support-
    ing the district court’s factual findings that there was no evi-
    dence regarding Keith’s filing status with his current spouse.
    Accordingly, we find the district court abused its discretion in
    finding that Keith’s tax filing status should be “Single” in the
    child support calculation.
    [7] Jamie argues that Keith’s tax filing status should be mar-
    ried filing jointly based on his filing status as set forth in his
    2018 and 2019 tax returns. Keith conversely argues that doing
    so would “result in an inclusion of [his] current wife’s standard
    tax deduction in the calculator without a determination of the
    actual tax rate paid by [him] and his wife on their combined
    gross incomes” and that this would “force[] [his] current wife
    to contribute to child support for her husband’s children.” Brief
    for appellee at 14. He also notes that “none of the [child sup-
    port] calculator’s [tax filing status] choices will result in an
    accurate determination of [a remarried child support obligor’s]
    income for child support purposes.” 
    Id.
     As we further examine
    the arguments made by both parties, we initially note that the
    choice of tax filing status when running a child support cal-
    culation should correlate with a party’s actual tax liability as
    closely as possible. In this case, the tax filing status designated
    in the child support calculation impacts the resulting child sup-
    port owed by greater than $100 per month.
    While Jamie’s argument that Keith should be designated
    as “Married Filing Jointly” in the child support calculation is
    logical given the evidence that he in fact filed his tax returns
    using that tax filing status, our de novo review of the record
    compels us to conclude otherwise. We first note that the
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    income ranges comprising the federal tax brackets for married
    taxpayers filing jointly for the 2021 tax year are double the
    income ranges applicable to single taxpayers. See Rev. Proc.
    2020-
    46 I.R.B. 1016
    , 1018-19. For example, a single taxpayer
    is taxed 10 percent on income up to $9,950 while married
    taxpayers filing jointly are taxed 10 percent on income up to
    $19,900. See 
    id.
     The standard deduction for married taxpayers
    filing jointly is similarly double the standard deduction avail-
    able to single taxpayers. See id. at 1022 (standard deduction
    for single taxpayers in 2021 is $12,550; standard deduction
    for married taxpayers filing jointly in 2021 is $25,100). From
    these figures, it is apparent that the “Married Filing Jointly”
    status operates on the basis that the taxable income and appli-
    cable deductions are attributable to two taxpayers. The practi-
    cal effect of this arrangement is that a married couple filing
    jointly will generally owe less in taxes than a single taxpayer
    on the same amount of income. See id.
    Keith’s 2018 and 2019 tax returns indicate that he filed his
    taxes jointly with his current wife. However, these tax returns
    also account for W-2 form earnings not attributable to Keith.
    As described previously, Keith’s W-2 forms indicate individual
    income of $249,386 in 2018 and $253,271 in 2019. In contrast,
    his joint tax returns report total W-2 form earnings of $370,386
    in 2018 and $377,214 in 2019. Although the record does not
    contain specific evidence regarding earnings attributable to
    Keith’s current wife, our review of the evidence in this case
    indicates that Keith’s W-2 form earnings constitute approxi-
    mately two-thirds of his total marital income.
    Setting Keith’s filing status to “Married Filing Jointly”
    for purposes of calculating his child support obligation has
    the effect of reducing the amount of federal income taxes
    deducted from his monthly income in accordance with the
    requirements of Neb. Ct. R. § 4-205(A) (rev. 2016). In turn,
    this reduced deduction would then result in a larger net
    income from which to calculate the amount of child support
    owed, resulting in a larger child support obligation. However,
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    using the “Married Filing Jointly” status in this instance would
    not be appropriate, as it significantly understates Keith’s pro-
    portional share of the total joint tax liability shared with his
    current wife by attributing to Keith his current wife’s share
    of their joint standard deduction without accounting for her
    individual income. We also note that the child support calcula-
    tor provided through the Nebraska State Bar Association, and
    utilized by the parties, the district court, and this court, cau-
    tions against this outcome when it instructs that the “Married
    Filing Jointly” tax filing status should be used only “in cases
    of a person who will be married after entry of the final order,
    and their spouse does not work or produce income.” While
    such guidance is not binding on this court, we conclude that it
    is instructive on this issue, and we accordingly decline to set
    Keith’s filing status to “Married Filing Jointly” for purposes
    of our child support calculation.
    In a similar vein, we further conclude that it would be
    improper to set Keith’s filing status to “Single” for purposes
    of calculating his child support obligation. Upon examination
    of Keith’s W-2 forms and tax returns, it is evident that his
    employment compensation comprises a significant majority of
    the total combined income with his current wife despite the
    decrease to his individual income after 2019. Consequently,
    setting his filing status to “Single” fails to account for his
    proportionate share of the marital standard deduction and over-
    states his share of federal income tax liability, resulting in a
    lower child support obligation that we find inappropriate in
    our de novo review of the record. Accordingly, we decline
    to set Keith’s filing status to “Single” in our calculation of
    child support.
    Keith assigned to himself the “Head of Household” filing
    status in his proposed child support calculation offered to the
    district court, and we find “Head of Household” to be the
    most appropriate filing status to use in calculating Keith’s
    child support obligation. It is true that Keith does not meet
    the requirements for declaring this filing status for purposes
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    of filing a tax return under the Internal Revenue Code, pri-
    marily due to his current marriage and the evidence indicating
    that Keith historically exercised less overnight parenting time
    than Jamie. See I.R.C. § 2(b)(1)(A)(i) (2018) (individual con-
    sidered head of household if such individual is not married at
    close of tax year and maintains household which constitutes
    principal place of abode for “qualifying child” as defined
    by I.R.C. § 152(c) (2018) if such child is not married or not
    exempt under § 152(b)(2) and (3)). However, for purposes of
    trying to correlate Keith’s approximate tax liability with the
    filing statuses available on the child support calculator, we
    note that the standard deduction for the “Head of Household”
    filing status for the 2021 tax year is $18,800, approximately
    50 percent larger than the standard deduction for single tax-
    payers. See Rev. Proc. 2020-46 I.R.B. at 1022. We also
    observe that the tax liability associated with the “Head of
    Household” filing status is slightly lower than the liability
    associated with the “Single” filing status. See id. at 1018-19.
    In other words, using “Head of Household” as a filing status
    for Keith in calculating child support strikes a reasonable
    balance between the underwithholding of taxes that would
    occur if we used “Married Filing Jointly” (resulting in higher
    child support) and the overwithholding of taxes that would
    occur if we used “Single” (resulting in lower child support).
    Accordingly, we conclude that the standard deduction and tax
    brackets attributed to the “Head of Household” status more
    closely align with Keith’s proportionate share of his combined
    marital income and corresponding joint federal income tax
    obligation, and we therefore determine that Keith’s filing sta-
    tus should be treated as “Head of Household” for purposes of
    our child support calculation.
    As a final note on this tax filing status issue, we caution
    litigants and attorneys that they should not expect a trial court
    or appellate court to engage in mathematical and tax analyses
    to determine an appropriate filing status when calculating
    child support. If the parties are not in agreement on what
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    tax filing status should be used for each parent, then specific
    evidence must be presented to the trial court to support the
    tax filing status requested. In this case, we found an abuse
    of discretion by the district court’s use of “Single” as a filing
    status for Keith because there was no evidence to support it
    and neither party requested it. However, if the district court
    had used a tax filing status for Keith proposed by either party
    and no specific evidence was adduced as to why one filing
    status was more appropriate than the other, we would defer to
    the trial court’s decision and find no abuse of discretion.
    (b) Tax Exemptions and Child Tax Credit
    Jamie claims the district court improperly determined Keith’s
    tax exemptions and failed to properly allocate the child tax
    credit for the parties’ still eligible child.
    Keith affirmed on cross-examination that he has claimed
    “three exemptions on [his] state taxes” each year for himself,
    his current wife, and Brock. His tax returns further indicate
    that he claimed the child tax credit for Brock in both 2018 and
    2019, and Brock is the only child of the parties who remains
    eligible for the child tax credit.
    Conversely, Jamie’s tax returns indicate that she has claimed
    two exemptions each year for herself and Nathan. Prior to
    2019, she claimed the child tax credit for Nathan; however, as
    of 2019, Nathan was no longer eligible for the child tax credit.
    In her 2019 tax return, Jamie claimed a tax credit for Nathan
    as a dependent.
    Upon our review of the record in this case, we conclude
    the district court abused its discretion in allocating Keith’s tax
    exemptions and child tax credits. No evidence was presented
    indicating that Keith claimed only two exemptions, and the
    only evidence presented regarding this issue indicated that he
    claimed three. Further, the parties’ tax returns indicate that
    only Keith has claimed the child tax credit for Brock, and
    we see no indication that the parties ever alternated the child
    tax credits for their children. Accordingly, for purposes of the
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    calculation of Keith’s child support obligation, we find that the
    three tax exemptions he has historically claimed and the child
    tax credit for Brock should be attributed to Keith.
    (c) Parties’ Overnight Parenting Time
    Jamie claims the district court abused its discretion in failing
    to account for her “additional 10 overnights per year” with the
    children in its calculation of child support. Brief for appellant
    at 24. She argues there was no dispute by the parties that she
    had exercised an additional 10 days of parenting time dur-
    ing the years prior to the modification, and the district court
    should have factored those additional days into its calculation
    of child support.
    We initially note that the December 2011 decree and parent-
    ing plan effectively divided parenting time equally between
    the parties. Although Jamie requested modification of the
    parenting plan in the “Answer and Counterclaim” filed on
    July 22, 2020, she did not request modification of the parent-
    ing plan in the “Answer and Amended Counterclaim” filed on
    December 3.
    There was no dispute between the parties regarding the
    additional overnights exercised by Jamie. The district court
    found that Jamie “has an expectancy of additional parenting
    time due to the right of first refusal utilized for [Keith’s] busi-
    ness travel” and that “at most, [she] has had ten extra days per
    year with the children” prior to the modification. However,
    Jamie abandoned her request to modify the parenting plan, and
    the court did not modify the parenting plan in its order. We are
    not persuaded that the court’s recognition that Jamie has his-
    torically exercised an additional 10 days of parenting time per
    year constitutes a parenting time adjustment in this case, and,
    as the court observed, “[Keith] testified that, if he should need
    to travel for work, he is able to be flexible and not lose par-
    enting time with the children.” Accordingly, we find the court
    did not abuse its discretion in allocating 1821⁄2 days to each
    party in its child support calculation. See Hall v. Hall, 26 Neb.
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    App. 877, 
    924 N.W.2d 733
     (2019) (no basis for district court
    to adjust days attributed to each party in child support calcu-
    lation when court found no material change in circumstances
    existed to warrant change in custody or adjustment to division
    of parenting time), disapproved on other grounds, Fichtl v.
    Fichtl, 
    28 Neb. App. 380
    , 
    944 N.W.2d 516
     (2020).
    3. Child Support Calculation
    and Cost-Sharing Division
    We have concluded the district court’s child support cal-
    culation included errors as described previously. We have
    completed our own joint custody child support calculation
    worksheet consistent with our findings, and this worksheet is
    attached to this opinion as appendix A.
    Under our de novo calculation, Keith’s monthly child sup-
    port obligation should be $638 for two children and $426
    for one child. This calculation alters the parties’ division of
    costs for the children, with Keith responsible for 66 percent
    of such expenses and Jamie responsible for the remaining
    34 percent.
    4. Material Change in Circumstances
    Jamie argues that a material change in circumstances has
    not occurred in this case to warrant modification of Keith’s
    original child support obligation as set forth in the December
    2011 decree.
    [8,9] A party seeking to modify a child support order must
    show a material change in circumstances that (1) occurred
    subsequent to the entry of the original decree or previous
    modification and (2) was not contemplated when the decree
    was entered. Tilson v. Tilson, 
    307 Neb. 275
    , 
    948 N.W.2d 768
    (2020). Among the factors to be considered in determining
    whether a material change of circumstances has occurred are
    changes in the financial position of the parent obligated to pay
    support, the needs of the children for whom support is paid,
    good or bad faith motive of the obligated parent in sustaining
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    a reduction in income, and whether the change is temporary
    or permanent. Fetherkile v. Fetherkile, 
    299 Neb. 76
    , 
    907 N.W.2d 275
     (2018). Neb. Ct. R. § 4-217 further provides:
    Application of the child support guidelines which
    would result in a variation by 10 percent or more, but not
    less than $25, upward or downward, of the current child
    support obligation, child care obligation, or health care
    obligation, due to financial circumstances which have
    lasted 3 months and can reasonably be expected to last for
    an additional 6 months, establishes a rebuttable presump-
    tion of a material change of circumstances.
    As described above, we have calculated Keith’s modified
    child support obligation to be $638 for two children. The disso-
    lution court initially calculated Keith’s child support obligation
    for two children to be $394.72 per month under the Nebraska
    Child Support Guidelines based on the expiration of his annu-
    ity income and the emancipation of his child from a prior mar-
    riage. However, the December 2011 decree imposed an upward
    deviation to Keith’s child support obligation and ordered Keith
    to pay $1,000 per month in child support for two children
    beginning on June 1, 2013.
    Given the changes in Keith’s income and our resulting child
    support calculation, we find that the evidence in this case
    establishes the rebuttable presumption set forth in § 4-217.
    At the time of the district court’s modification, Keith’s 2021
    salary had been in effect for 3 months, and his testimony on
    cross-examination indicated that there was no dispute that his
    2021 income would remain stable for the remainder of the
    year. Accordingly, we find that Keith’s change in financial
    circumstances had lasted for 3 months and could be reasonably
    expected to last for an additional 6 months. Further, regardless
    of whether we compare our calculation of Keith’s child sup-
    port to the December 2011 decree’s upward deviation or the
    dissolution court’s preliminary calculation under the child sup-
    port guidelines, the 10-percent upward or downward variation
    requirement of § 4-217 has been satisfied in this case.
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    Jamie argues that the application of the § 4-217 presump-
    tion in this case is barred by this court’s holding in Brodrick
    v. Baumgarten, 
    19 Neb. App. 228
    , 
    809 N.W.2d 799
     (2011). In
    Brodrick v. Baumgarten, the parties had divorced in 2001 and
    subsequently entered into a stipulated modification in which
    they agreed, in pertinent part, that the father would pay $200
    per month in child support, and this amount was a deviation
    from the guidelines. Less than 5 months later, the father sought
    further modification based in part on alleged changes to his
    financial circumstances. Specifically, the father alleged that his
    employment had changed from full-time to part-time employ-
    ment, although his pay rate remained $10 per hour. Despite
    these alleged changes, the father asked the court to impute
    an income of $10 per hour for full-time employment, which
    was his income at the time of the first modification. The dis-
    trict court found that a material change in circumstances had
    occurred and calculated the father’s new support obligation
    under the guidelines to be $3.12. However, the court found
    this amount to be minimal and terminated the father’s sup-
    port obligation.
    On appeal, this court reversed the district court’s modifica-
    tion. We concluded that a material change in circumstances had
    not occurred concerning the father’s financial circumstances
    because he “specifically asked the court to impute his income
    level as $10 per hour for full-time employment” in the second
    modification and this “was identical to his earning level at the
    time of the prior order.” Brodrick v. Baumgarten, 19 Neb. App.
    at 233, 809 N.W.2d at 803. Given those facts, this court found
    it improper to apply the presumption set forth in § 4-217 to the
    circumstances, as the father’s child support obligation of $200
    per month under the prior order was a deviation he stipulated
    to and was already “more than a 10-percent variation from
    the amount the guidelines would have required.” Brodrick v.
    Baumgarten, 19 Neb. App. at 233, 809 N.W.2d at 803.
    [10] Jamie argues that Brodrick v. Baumgarten, supra,
    “makes clear that Keith’s higher income cannot constitute
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    a material change in circumstances to lower his stipulated
    support obligation” and that “if a child support payor’s
    income is equal to or greater than the payor’s income at the
    time of the last support order, then the § 4-217 presumption
    is effectively rebutted.” Brief for appellant at 29. However,
    Jamie’s argument misappropriates this court’s reasoning. We
    read Brodrick v. Baumgarten, supra, to stand for the propo-
    sition that when a prior order of child support constitutes
    a deviation from the Nebraska Child Support Guidelines, a
    party may not seek modification of that order solely on the
    basis that the guidelines would result in a different child sup-
    port amount. Fundamental to this court’s analysis in Brodrick
    v. Baumgarten, supra, was the fact that the father’s imputed
    income was equal to his income at the time of the prior order,
    which meant that there had been no change in his financial
    circumstances to begin with. In contrast, the record presently
    before this court makes clear that Keith’s financial circum-
    stances have changed since the entry of the December 2011
    decree. Accordingly, the reasoning underpinning our decision
    in Brodrick v. Baumgarten, supra, is not applicable to the
    present case.
    Further evidence also supports a finding of a material
    change in circumstances. In addition to the changes in the par-
    ties’ individual financial circumstances, the evidence indicates
    that the circumstances surrounding the children’s expenses,
    which formed the basis of the upward deviation, have changed.
    The upward deviation in the December 2011 decree accounted
    for approximately $600 in additional monthly child support,
    and this deviation was intended for Jamie to unilaterally
    cover the children’s expenses as set forth in the decree. The
    evidence presented at trial indicates that Jamie was paying
    approximately $280 per month in direct expenses for Nathan
    and Brock in the years leading up to this modification action.
    Conversely, Jamie did not dispute that Keith had been paying
    approximately $440 per month throughout 2020 for Nathan’s
    car payments and cell phone, as well as other miscellaneous
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    items for both sons, and these expenses were in addition to
    his child support payments. In light of our modified child sup-
    port calculation and the evidence of the changes in the parties’
    financial circumstances and cost-sharing arrangement, we con-
    clude that there has been a material change in circumstances
    warranting modification of Keith’s child support obligation.
    Accordingly, we modify the district court’s order to reflect our
    child support calculation as set forth in appendix A.
    5. Retroactive Modification
    Jamie claims the district court erred in ordering Keith’s mod-
    ified child support to be retroactive to July 1, 2020, without
    also retroactively modifying the parties’ cost-sharing respon-
    sibilities and Jamie’s requirement under the December 2011
    decree to cover direct expenses for the children. She argues
    that Keith would be provided an unfair windfall if he is also not
    required to cover his share of the expenses unilaterally covered
    by Jamie from July 1, 2020, until April 1, 2021.
    [11-13] In determining whether to order a retroactive modi-
    fication of child support, a court must consider the parties’ sta-
    tus, character, situation, and attendant circumstances. Johnson
    v. Johnson, 
    290 Neb. 838
    , 
    862 N.W.2d 740
     (2015). Absent
    equities to the contrary, modification of a child support order
    should be applied retroactively to the first day of the month
    following the filing day of the application for modification. 
    Id.
    The initial determination regarding the retroactive application
    of a modification order is entrusted to the discretion of the trial
    court and will be affirmed on appeal absent an abuse of discre-
    tion. Bowmaker v. Rollman, 
    29 Neb. App. 742
    , 
    959 N.W.2d 819
     (2021).
    As previously described, the record indicates that Jamie was
    unilaterally paying approximately $280 per month in direct
    expenses for Nathan and Brock. The record also indicates that
    Keith was unilaterally paying approximately $440 per month
    in direct expenses for Nathan and Brock. Added together,
    these amounts reflect monthly expenditures of approximately
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    $720. When factoring in each party’s percentage share of
    expenses under our modified child support calculation, Keith
    would have been responsible for approximately $475 of these
    monthly expenditures while Jamie would have been respon-
    sible for $245. While the parties’ unilateral payments do not
    perfectly align with their percentage shares of expenses for the
    children under our modified child support calculation, we can-
    not say it was an abuse of discretion for the district court to not
    modify the parties’ cost-sharing arrangement to be retroactive
    to July 1, 2020, based on their respective payments for their
    children’s expenses.
    VI. CONCLUSION
    For the reasons set forth above, we modify the district
    court’s order so that Keith’s modified child support obligation
    is consistent with the worksheet attached to this opinion. We
    affirm the remainder of the district court’s order.
    Affirmed as modified.
    (See pages 65-66 for appendix A.)
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    APPENDIX A
    Case Name: Maskil-Cronin v. Cronin
    Worksheet 1 - Basic Income and Support Calculation
    Mother: Head of Household / 2 Exemptions / Railroad Retirement
    Father: Head of Household / 3 Exemptions / Railroad Retirement
    Line Description                                         Mother       Father
    1     Gross Earned Taxable Income                         $9,367.00 $19,097.00
    1     Gross Unearned Taxable Income                           $0.00           $0.00
    1     Tax-Exempt Income                                       $0.00           $0.00
    2.a   Taxes - Federal                                     $1,252.83    $3,893.53
    2.a   Taxes - Nebraska                                     $442.59     $1,096.70
    2.b   FICA - Social Security / Railroad Retirement*      $1,014.40* $1,171.45*
    2.b   FICA - Medicare                                      $135.82       $298.78
    2.c   Retirement                                           $374.68       $763.88
    2.d   Previously Ordered Support                              $0.00           $0.00
    2.e   Regular Support for Other Children                      $0.00           $0.00
    2.f   Health Insurance Premium for Parent                     $0.00           $0.00
    Other Deductions                                        $0.00           $0.00
    Child Tax Credit                                      ($0.00)     ($166.67)
    2.g   Total Deductions                                    $3,220.32    $7,057.67
    3     Net Monthly Income                                  $6,146.68 $12,039.33
    4     Combined Net Monthly Income                             $18,186.01
    5     Combined Net Annual Income                              $218,232.08
    6     Each Parent's Percent                                  33.8%            66.2%
    7     Monthly Support from Table (2 Children)                     $2,970.00
    8     Health Insurance Premium for Children                   $0.00      $248.00
    9     Total Obligation                                            $3,218.00
    10    Each Parent's Monthly Share                         $1,087.68    $2,130.32
    11    Credit For Health Insurance Premium Paid              ($0.00)     ($248.00)
    12    Each Parents' Final Share (2 Children, rounded) $1,088.00        $1,882.00
    Worksheet 4 - Number of Children Calculation (final shares are rounded to the nearest whole dollar)
    No.         Table         Table + Health Mother's Share of Father's Share of Mother's               Final Father's   Final
    Children    Amt.          Ins.           Total             Total             Share                        Share
    2       $2,970.00          $3,218.00           $1,087.68              $2,130.32          $1,088.00          $1,882.00
    1       $2,099.00          $2,347.00             $793.29              $1,553.71           $793.00           $1,306.00
    - 66 -
    Nebraska Court of Appeals Advance Sheets
    31 Nebraska Appellate Reports
    CRONIN v. CRONIN
    Cite as 
    31 Neb. App. 38
    Worksheet 3 - Joint Physical Custody (2 Children)
    Line Description                                         Mother       Father
    1    Each Parent's Percent Contribution                     33.8%          66.2%
    2    Monthly Support (Worksheet 1 Line 7)                       $2,970.00
    3    Joint Physical Support (Line 2 * 1.5)                      $4,455.00
    4    Each Parent's Share (Line 1 * Line 3)               $1,505.79 $2,949.21
    5    No. Days Custody                                       182.5           182.5
    6    Percentage of Year (Line 5 / 365)                          50%          50%
    7    Mother's Obligation to Father                        $752.90
    8    Father's Obligation to Mother                                    $1,474.61
    9    Father's Obligation for Support                            $721.71
    10   Children's Health Insurance Premium                    $0.00       $248.00
    11   Combined Children's Health Insurance Premiums              $248.00
    12   Each Parent's Share of Premium (Line 11 * Line 1)     $83.82       $164.18
    13   Amount of Premium Paid (Line 10)                       $0.00       $248.00
    14   Amount Owed to Other Parent (Line 12 - Line 13)       $83.82           $0.00
    15.a Which Parent Owes Basic Support                              Father
    15.b Which Parent Owes for Health Insurance                       Mother
    15.c Does the Same Parent Owe on Lines 15a and 15b                 No
    16   Total Support Owed by Father (rounded)                     $638.00
    Worksheet 3 - Joint Physical Custody (1 Child)
    Line Description                                         Mother       Father
    1    Each Parent's Percent Contribution                     33.8%          66.2%
    2    Monthly Support (Worksheet 1 Line 7)                       $2,099.00
    3    Joint Physical Support (Line 2 * 1.5)                      $3,148.50
    4    Each Parent's Share (Line 1 * Line 3)               $1,064.19 $2,084.31
    5    No. Days Custody                                       182.5           182.5
    6    Percentage of Year (Line 5 / 365)                          50%          50%
    7    Mother's Obligation to Father                        $532.10
    8    Father's Obligation to Mother                                    $1,042.15
    9    Father's Obligation for Support                            $510.06
    10   Children's Health Insurance Premium                    $0.00       $248.00
    11   Combined Children's Health Insurance Premiums              $248.00
    12   Each Parent's Share of Premium (Line 11 * Line 1)     $83.82       $164.18
    13   Amount of Premium Paid (Line 10)                       $0.00       $248.00
    14   Amount Owed to Other Parent (Line 12 - Line 13)       $83.82           $0.00
    15.a Which Parent Owes Basic Support                              Father
    15.b Which Parent Owes for Health Insurance                       Mother
    15.c Does the Same Parent Owe on Lines 15a and 15b                 No
    16   Total Support Owed by Father (rounded)                     $426.00
    

Document Info

Docket Number: A-21-310

Filed Date: 5/24/2022

Precedential Status: Precedential

Modified Date: 5/31/2022