Krause v. Krause

Irwin, Chief Judge,

concurring.

I concur with the majority’s decision in this case, but write separately to address the issue of child support and the interdependent support calculation. Since our decision in Prochaska v. Prochaska, 6 Neb. App. 302, 573 N.W.2d 777 (1998), it is apparent that there has been some uncertainty concerning the computing of the interdependent support calculation because we did not specify a particular procedure for doing so.

As the majority notes, the opinion in Prochaska, supra, was premised on the notion that in cases involving a parent’s child support obligation to multiple families, the trial court should consider the parent’s obligation to support additional children from a subsequent marriage when determining the parent’s support obligation for children of the earlier marriage. See Prochaska, supra.

Since Prochaska, we have seen a variety of valid methods of computing child support interdependently. So long as the principles of Prochaska are satisfied, no one specific method or formula is mandated. In Prochaska, we noted that child support should be computed interdependently so that a benefit is not conferred on one family at the expense of another. It is within the discretion of the trial court to determine how that is done.

In the present case, the child support worksheets attached to the modification order indicate that the trial court considered Ralph’s obligation to each family in arriving at the amount ordered as support for the children of his first marriage. The amount arrived at is not inconsistent with the guidelines, and because the court conducted a form of interdependent calculation, I find there is no abuse of discretion.