Hotz v. HotzAnnotate this Case
The Supreme Court affirmed the judgment of the district court denying Barbara Hotz’s motion to modify the divorce judgment, holding that the Nebraska Child Support Guidelines excludes alimony between parents from their total monthly income for the purpose of calculating child support obligations for their children.
In dissolving the parties’ marriage, the district court split custody of their children, ordered James Hotz to pay child support until the parties’ oldest child reached the age of majority, and awarded alimony to Barbara. Later, Barbara moved to modify the amount of child support that James paid. The court declined to include James’ alimony payments to Barbara in its calculation of the parties’ total monthly income for the purpose of recalculating child support obligations and abated part of Barbara’s child support obligations. The Supreme Court affirmed, holding that the court did not abuse its discretion in calculating the parties’ child support obligations or abating Barbara’s child support payments.