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202406434 15)Based upon Neb. Rev. Stat. §43-2932, the evidence presented, and the best interests of the children to include their wishes as outlined in §43-2923, the Court grants sole physical and legal custody of all minor children to the Plaintiff. 16)Pursuant to §43-2932, the Court finds that specific limits are necessary to be imposed on the parenting time of the Defendant to ensure the protection of both the Plaintiff and the children. In addition to the determination of sole physical and legal custody to the Plaintiff in part by this statute, the Court orders the Defendant to not possess or consume any alcohol or non -prescribed controlled substances during or within 12 hours of any parenting time and the denial of overnight physical custody. 17)The Court has prepared a Court -Ordered Parenting Plan attached incorporated herein by this reference. Child Support, Health Insurance, and Tax Exemptions 18)The Plaintiff requests child support pursuant to the Nebraska Child Support Guidelines. She is employed at Hastings Family Dental and earns a monthly income as outlined in Exhibit 12, the Child Support Worksheet attached and incorporated herein by this reference. 19)The Defendant's income, or ability to earn income, is more difficult to ascertain. He previously was employed and earned around $29 per hour at U.S. Foods. At some point, he suffered an injury and received a workers compensation settlement of around $177,000 according to his own testimony. 20)Throughout this entire case, the Defendant has been either unwilling or unable to comply with the Court's orders or local rules which has negatively impacted the Court's ability to act as a finder of fact. Despite an order compelling him to provide discovery materials to the Plaintiff which would assist the Plaintiff, and the Court, in fashioning an accurate child support obligation, he refused to comply with the Court's order compelling his responses. He presented hardly any financial information and very limited information regarding physical limitations. Ultimately, he indicated that after many surgeries his knee is "back to working". While he alleges he is not employed, he admitted he was "overseeing" auto work at a garage due to unspecified and unsubstantiated limitations. Despite this, he has not paid any child support since the temporary order because he is "not able to work". The Court does not find credible his assertion that he is currently employed 3 Certified Page 3 of 18