A-25-0687 Jarrett Rodriguez (Appellant) v. Samantha Phelps (Appellee)
Sarpy County, District Court, Judge George A. Thompson
Attorneys for Appellant: Matthew Stuart Higgins, Liam K. Meehan (Higgins Law)
Attorneys for Appellee: Edith T. Peebles, Mariah E. Shaffer (Brodkey, Cuddigan, Peebles, Belmont & Line, LLP)
Civil Action: Denial of petition to remove minor child from Nebraska, award of attorney fees, child support calculation, motion for new trial
Action Taken by Trial Court: The district court denied Appellant’s petition to remove the minor child from Nebraska, modified the award of child support, awarded attorney fees, and denied the motion for new trial
Assignments of Error on Appeal: Appellant assigns that the district court erred in (1) denying removal by finding Appellant had not satisfied the requirement that he prove a legitimate reason to relocate, (2) finding removal was not in the best interests of the minor child, (3) denying his request for a new trial, (4) awarding Appellee attorney fees, and (5) entering a child support calculation that included impermissible income averaging, included fringe benefits which were not subject to a material change of circumstances, lacked any foundation for the quantification of fringe benefits, and included after born child deductions for Appellee even though she was the obligee.