Still no guidance from the Supreme Court on subsequent children and Child Support Guidelines

Wilkins v. Wilkins, 269 Neb. 937 Filed June 3, 2005. No. S-04-252. Wife petitioned to modify child support against attorney ex-husband. While the matter was pending ex-husband had another child from his remarriage. The Supreme Court held as it did in Emery v Moffett, that how precisely to handle additional children of the parents subject to the support guidelines is up to the Court’s discretion, as long as any resulting deviation does not disadvantage one family over the other. The Support Guidelines do not promote precision on how to calculate subsequent children as they are somewhat circular because the guidelines do not instruct the court whether to count the court ordered supported children first or the subsequent children.