Welcome to the YoungWilliams Research & Case Law Library.  Use the filters below to select categories of interest to you.  Currently our Library consists of academic and government research articles and reports from around the country, federal opinions, and case law from states in which our full service child support projects are located: Colorado, Kansas, Mississippi, Nebraska, North Carolina, Tennessee, and Wyoming.  Sign up to receive updates by clicking the blue  box at the left of the page.

Disclaimer:  YoungWilliams does not endorse the reports or opinions expressed by non-YoungWilliams authors, nor do we endorse the entities that initially released or published the materials posted on our website.


Research & Case Law

Wrubluski v. Wrubluski (North Carolina 2020)

January 2020

A parent can’t modify child support without a court order. The husband and wife divorced, and the wife was granted custody of their children. Two of the children began to live with the father. He began paying half of the support amount. He eventually filed to modify custody and support. Post-divorce litigation ensued. After several hearings, the trial court granted his motion, set a new support obligation, and entered a judgment for arrears. The husband appealed the arrears judgment.

Meetings and Reminders Testing Approaches to Increase Child Support Payments in Colorado

January 2020

A long-standing issue in the child support program is the lag time between order entry and the first child support payment. It can be attributed to the wait in getting income withholding in place. Many parents don’t realize that not paying during this window can build up arrears. The Colorado Division of Child Support Services received a Behavioral Interventions for Child Support Services (BICS) grant to implement an intervention designed to increase the payments on new orders. Colorado established orders both administratively and judicially. Under the intervention, child support specialists met with newly ordered payors one-on-one to review their orders.

Descher v. Descher (Mississippi 2020)

January 2020

For parents with high incomes, the child support guidelines allow for a deviation when applying the guidelines isn’t reasonable. The parents filed for divorce. The father owned and/or co-owned businesses that earned millions of dollars in revenue each year. The chancery court determined his monthly adjusted gross income to be $71,377.00. The mother worked for the business and earned substantially less. The chancery court calculated support using the statutory guidelines of twenty percent of the father’s income, but then reduced the monthly support amount to $7,500.00. The father appealed the support calculation among other issues.

Donahoe v. Donahoe (Nebraska 2020)

January 2020

For self-employed parents, certain expenses may be treated as income for child support. The parents filed for divorce. The father is the sole owner of a business, which is organized as an S-Corporation. For 2016, he reported compensation on his personal tax return, not as a salary on his business return. This meant he wouldn’t be treated as an employee of his business. The mother’s expert testified that as a result certain deductions he took on his business return for personal expenses should be treated as income to him because they no longer qualified as business expenses. In addition, the business made cash payments to the father, which should be counted as income.

Carter v. Thompson (Nebraska 2020)

January 2020

The trial court has discretion to determine if a modified child support order will be retroactive. The mother filed to modify child support in February 2016, and the father cross-appealed to modify custody and support. The trial court entered an order on September 28, 2018, increasing the father’s child support retroactive to February 2016. The father appealed on this and various other grounds.

Clark v. Clark (Nebraska 2020)

January 2020

The trial court has discretion over when to make a child support obligation retroactive. The mother and father filed for divorce and entered into an agreement that resolved all issues. For child support, the parents agreed that the mother would receive the tax dependency exception for three years straight instead of retroactive support. The mother objected to the child support amount in the proposed order. The trial court eventually reopened the evidence with respect to the father’s income. During this hearing, the mother argued for child support retroactive to the month after the filing of the divorce petition. The trial court declined, and the mother appealed.

Bryant v. Bryant (Nebraska 2020)

January 2020

A district court has discretion to when figuring income for a parent who is employed less than full time as long as the evidence supports the calculation. If a parent offers evidence of an obligation to support additional children, it should be at least considered. The mother filed for divorce. The mother and father had 3 children, and then both parents were the custodial parents for children from prior relationships. To calculate support, the trial court used the mother’s actual income from her part-time job. The trial court declined to give father credit for his other children. The trial court awarded custody of the children to the mother and set the father’s support obligation. He appealed, arguing the court should have imputed the mother to a full-time job and that he should receive credit for supporting his other children.

Pope v. Fountain (Mississippi 2019)

December 2019

In a paternity proceeding, all necessary parties must be joined. The child who was the subject of this case had a presumed and biological father. The biological father filed to establish paternity, and the mother responded. The presumptive father was not joined as a party to the action even though he was ordered to pay support for the child and granted visitation in a divorce decree. The chancery court entered an order establishing the biological father’s paternity, granting visitation, and ordering support. The mother appealed, arguing the presumptive father should have been joined as a party.

Killinger v. Killinger (Nebraska 2019)

December 2019

When a parent has a variable income, it is appropriate to use a three-year average to set child support. The father and mother, who had three children, filed for divorce. The father owned his own business, and his income fluctuated from yearly. At trial, he presented evidence of his income from the previous seven years. The trial court averaged his income from the most recent three years and set child support accordingly. The father appealed.

In re Creagh (Kansas 2019)

December 2019

If parents agree to a child support arrangement in a marital settlement agreement, it will be enforced as long as the terms are clear and unambiguous. The parents divorced, and a basic child support obligation was set. In the property settlement agreement, the parents agreed that the child support would be offset to pay two of mother’s marital debt. Several years later, the father filed to terminate spousal support. The mother then filed to modify child support and to account for the child support owed because the father hadn’t increased his child support payment once her debts were paid. The trial court modified support based on the father’s increased income and ordered him to pay the arrearage owed. The father appealed.