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202405035 <br />to 7:00 p.m. on Wednesdays and Jaxson from 5:30 p.m. to 7:00 p.m. on Mondays on weeks he <br />does not have weekend visitation. The Defendant shall exercise weekend visitation every other <br />weekend from 5:30 p.m. on Thursday to 7:00 p.m. on Sunday and modified Wilson v. Wilson <br />holiday visitation. <br />The Court finds that given the extensive weekday visitation and the Plaintiff's schedule, a <br />two week summer visitation is appropriate and the Defendant is awarded two weeks of summer <br />visitation from the last Monday in July of 2018 and the parties shall agree on specific dates and <br />times for summer visitation thereafter. <br />The parties are ordered to comply with the attached Parenting Plan. <br />III. CHILD SUPPORT <br />The Child Support Guidelines Section 4-204 allows a court to consider earning capacity <br />when applicable. The Nebraska Supreme Court has commented that: <br />Use of earning capacity to calculate child support is useful when it appears that <br />the parent is capable of earning more income than is presently being earned. <br />Freeman v. Groskopf, 286 Neb. 713, 838 N.W.2d 300 (2013). <br />As the Court noted in Claborn v. Claborn, 267 Neb. 201, 673 N.W.2d 533 (2004): <br />Under the Nebraska Child Support Guidelines, paragraph D, if applicable, earning <br />capacity may be considered in lieu of a parent's actual, present income and may <br />include factors such as work history, education, occupational skills, and job <br />opportunities. A divorce decree does not require a parent to remain in the same <br />employment, and child support may be calculated based on actual income when a <br />career change is made in good faith. Child support may be based on a parent's <br />earning capacity when a parent voluntarily leaves employment and a reduction in <br />that parent's support obligation would seriously impair the needs of the children. <br />Id. at 208 Neb. (citations omitted). <br />In this case equity requires that the Defendant's earning capacity be used to determine <br />child support. As in Freeman, supra, the Defendant has left a number of jobs voluntarily. <br />4'Page <br />Page 2" of <br />