Henderson v. Henderson

653 N.W.2d 226, 264 Neb. 916, 2002 Neb. LEXIS 223
CourtNebraska Supreme Court
DecidedNovember 8, 2002
DocketS-01-843
StatusPublished
Cited by61 cases

This text of 653 N.W.2d 226 (Henderson v. Henderson) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henderson v. Henderson, 653 N.W.2d 226, 264 Neb. 916, 2002 Neb. LEXIS 223 (Neb. 2002).

Opinion

Wright, J.

NATURE OF CASE

David Wayne Henderson appeals from a dissolution decree entered on July 20, 2001. In the decree, the district court included an adult child in its child support calculation, made a finding concerning competency of the adult child, awarded custody of the adult child, and divided the property of the parties.

SCOPE OF REVIEW

The standard of review of an appellate court in child support cases is de novo on the record, and the decision of the trial court will be affirmed in the absence of an abuse of discretion. Brockman v. Brockman, ante p. 106, 646 N.W.2d 594 (2002).

FACTS

David and Michele Lyn Henderson were married in Oklahoma City, Oklahoma. Two children were bom to the marriage: Dustin Wayne, bom May 11, 1981, and Nicole Renee, bom December 29, 1984.

In his petition for dissolution of marriage, David sought custody of Nicole. Dustin, who is developmentally disabled, was living independently in Salina, Kansas, when the parties separated. At the time of the dissolution hearing, Dustin was living with Michele in Texas, awaiting placement in housing in Irving, Texas.

The district court awarded the parties the personal property in their possession and awarded certain real estate and a van to David. The court ordered David to pay all liens on that property. The court also ordered David to deliver to Michele certain property she requested in a letter to the court, including “the diploma, *918 her AOT certification, her medical books and supplies, the silverware and Dustin’s records.”

The district court found that “Dustin is not competent and is in need of his parents’ financial care.” Michele was ordered to pay child support of $200 per month until one or both children “become emancipated from the control and care of their parent or are otherwise of age, competent, or emancipated.” Custody of Dustin was awarded to Michele, and custody of Nicole was awarded to David, with reasonable rights of visitation for both parents. David was directed to provide medical coverage for Nicole and for “his adult son if possible,” and Michele was directed to pay 61 percent of any medical bills not covered by insurance. Michele was ordered to pay $250 toward David’s attorney fees.

The child support calculation worksheet completed by the district court has been summarized as follows:

BASIC NET INCOME AND SUPPORT CALCULATION

Mother Father

Combined

Total income from

all sources $21,132 $14,000

Fed. HH-2 exempt (1,361) HH-2 exempt (291) Deductions

a. Taxes - State (357) (226)

b. FICA .0675 (945)

f. Total disposable 19,414 12,538

Monthly net

income - disposable 1,618 1,045

Combined monthly net income 2,663

Percent contribution of

each parent 61 39

Monthly support from table 1 633 - 1

910-2

Each parent’s monthly share 386- 1 247 - 1

555 - 2 355-2

SPLIT CUSTODY CALCULATION Total amount owed to

father by mother $555

*919 Total amount owed to

mother by father $355

Support to be paid by mother $200

$139 when there is only one child supported.

Michele, who was living in Texas, did not attend the dissolution hearing. David testified that Michele does not work but receives disability payments because she is disabled with disconnective tissue disorder and congestive heart failure. David testified that Michele receives a monthly total of $2,271 in disability and Social Security payments. David testified that Dustin was receiving Supplemental Security Income and $274 per month in disability payments based on Michele’s disability. Dustin was also employed part time.

At the time of the dissolution hearing, David worked for Nutri-Shield, Inc., in Horton, Kansas, where his gross earnings were $731 twice a month. He had health insurance through his employer, but Nicole’s insurance was provided by the state. Nicole was receiving $174 in monthly Social Security payments based on Michele’s disability. After August 2001, the amount was scheduled to be $274 per month.

Michele wrote a letter to the district court stating that she was unable to attend the hearing and unable to afford an attorney to represent her. She stated that she received $916 monthly from Social Security and $845 monthly in private long-term disability payments. She stated that Dustin cannot drive, cook, clean, or handle his own affairs. She indicated that Dustin receives $241 per month in Social Security benefits and $200 per month in Supplemental Security Income benefits. The letter indicates that Michele enclosed a number of credit slips, bills, and other documents, but they are not included in the bill of exceptions filed with this court.

ASSIGNMENTS OF ERROR

David asserts that the district court erred (1) in considering an adult child when calculating child support, (2) in making a finding of competency as to the adult child of the parties, (3) in entering a custody order pertaining to the adult child, and (4) in dividing the parties’ property and assets.

*920 ANALYSIS

Child Support Calculation

David first assigns as error the inclusion of Dustin, an adult child, in the child support calculation made by the district court. The court entered an order which clearly indicates that it based its decision on two children, even though Dustin is an adult.

Neb. Rev. Stat. § 42-351 (Reissue 1998) provides that the district court has jurisdiction in divorce actions to render judgments and make orders concerning, inter alia, “the custody and support of minor children.” See, also, Kimbrough v. Kimbrough, 228 Neb. 358, 422 N.W.2d 556 (1988). Neb. Rev. Stat. § 42-364(1) (Reissue 1998) states that “[w]hen dissolution of a marriage or legal separation is decreed, the court may include a parenting plan developed under the Parenting Act, if a parenting plan has been so developed, and such orders in relation to any minor child and the child’s maintenance as are justified ...” (Emphasis supplied.) See, also, Meyers v. Meyers, 222 Neb. 370, 383 N.W.2d 784 (1986). Additional provisions throughout § 42-364 refer only to “minor” children. A minor is an unmarried person under the age of 19. Neb. Rev. Stat.

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Cite This Page — Counsel Stack

Bluebook (online)
653 N.W.2d 226, 264 Neb. 916, 2002 Neb. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-henderson-neb-2002.