A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.
In Nebraska, the court has the authority to order a parent to pay child support that exceeds the amount dictated by their actual income if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more but chooses not to, the court can base child support obligations on the parent's potential earning capacity rather than their current income. This is to ensure that child support is fair and reflective of the parent's ability to contribute to the financial needs of their child. The child support guidelines in Nebraska allow for such considerations to prevent parents from avoiding their financial responsibilities to their children by deliberately earning less than they are capable of.