Legal Opinion · Dissent

State on Behalf of Elsasser v. Fox

Nebraska Court of Appeals

Decided September 22, 1998No. A-97-021Published

1DissentIrwin, Judge

I respectfully dissent from the decision of the majority holding that the district court committed an abuse of discretion by *675not deviating from the Nebraska Child Support Guidelines and allowing Chad a deduction for his monthly student loan payments in computing his net monthly income. There is no precedent for such an allowance, and there is currently no case law which mandates such an allowance. Under these circumstances, I simply cannot find an abuse of discretion.

The majority cites no authority for granting a deduction for student loan payments in computing a parent’s child support…

2Cases cited2 opinions

  1. In re Marriage of DavisAppellate Court of Illinois · 1997
  2. Cuyahoga County Support Enforcement Agency v. LozadaOhio Court of Appeals · 1995

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