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.

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Research & Case Law

In re Rees (Kansas 2021)

July 2021

When a parent voluntarily leaves a higher paying job, the court must determine if the termination was for rational and sufficient reasons and the parent can’t find a similarly paying job. The father moved and found a lower paying job. He petitioned to modify his child support based on his reduced income. As the reason for his move, the father presented evidence he no longer had visitation rights to the child and he would be closer to his family. The trial court granted his petition and reduced support. The mother appealed.

Nielson v. Nielson (Nebraska 2021)

June 2021

A parent who seeks to modify a child support order must show an unforeseeable material change of circumstances that occurred after the entry of the original decree. The parents agreed to child support in the initial decree, even though the amount didn’t match the child support worksheets attached to the order. The father failed to pay, and the mother filed for contempt. Subsequently, the father filed to modify his child support order based on a downturn in his business.

Reducing Child Support Debt in the Procedural Justice-Informed Alternatives to Contempt (PJAC) Demonstration

June 2021

The federal Procedural Justice-Informed Alternatives to Contempt (PJAC) demonstration project was a federally-funded grant to study the effectiveness of using procedural justice methods to enforce child support orders. This brief discusses strategies used to deal with child support arrears. Most participants in the PJAC program had accrued arrears.

Warren County DSS v. Garrelts (North Carolina 2021)

June 2021

A determination of paternity affects a substantial right. As such, the applicable law when determining paternity is the law of the “situs of the claim” or in other words, the law of the state where the claim arises. The mother and defendant, who lived in Virginia, agreed the defendant would donate sperm for artificial insemination. The insemination happened in Virginia, the child was born there, and lived there until moving to California. In California, the mother began receiving public assistance. At California’s request, North Carolina brought a paternity action.

Wilkinson v. Wilkinson (North Carolina 2021)

June 2021

Findings of fact must support any deviation from presumptive child support amount. The mother filed to modify child support. The father responded with a request for a decrease. He paid monthly support and made an annual payment based on a percentage of his bonus. The final order decreased both support and the percentage of the annual bonus payment, determined an overpayment of support, and changed the allocation of uninsured medical expenses and activities. The mother appealed.

State ex rel. Secy’ v. Cares (Kansas 2021)

June 2021

A voluntary acknowledgement has the effect of an order of paternity and the statutes designate specific timeframes for recission. The State brought an action to enforce a child support order against the father. The father argued the voluntary acknowledgement of paternity, which was signed four years prior, was void. The district court found no basis to set aside the paternity acknowledgement. The father appealed.

Thornton v. Thornton (Mississippi 2021)

June 2021

In the absence of specific findings, evidence in the record must support the award of the child tax exemption to a parent. In the latest appeal of this case, the mother appealed a court order changing custody of the younger child to the father, reducing his child support, and awarding him the income tax exemption for the younger child.

Craven County v. Hageb (North Carolina 2021)

June 2021

Specific findings must support a court’s decisions in a child support proceeding. In this proceeding to establish paternity and support for two children, the father was self-employed. The final order set out his income and including these findings: the court reviewed tax returns, his income from a gaming and lottery business was not included in the calculation, and he had significant personal expenses on his tax return. In the final support award, the court gave the father credit for one of two additional children living with him, finding his name was only on the birth certificate for one child. The father appealed.

Church v. Jones (Tennessee 2021)

May 2021

The effective date of a modified order can be set as of the date of the modification petition, the date of the final hearing, or any appropriate date in between. The father filed to modify support based on his reduced income. It took almost four years for this proceeding to end. In the final order, the court reduced support and, applying its discretion, set the effective as the last day of final hearing. The father appealed.

Lemus v. Martinez (Wyoming 2021)

May 2021

A parent must provide proper proof of a legitimate business expense if the parent wants credit in the child support calculation. The father appealed several terms of the district court order, specifically the court’s decision not to give him credit for mortgage interest in his income for child support. The Supreme Court affirmed the child support order.