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

Young v. Air Masters Mechanical Inc, (Mississippi 2020)

April 2020

If a parent’s rights to a child have been terminated, that child is not considered a dependent under the Workers’ Compensation Act. The decedent died in the course of his work. He left no survivors. The mother petitioned the Commission to pay child support arrears from the decedent’s workers’ compensation death benefits. The decedent was the biological father of her children but had relinquished his parental rights. At the time of the relinquishment, he owed back support, and the mother had a judgment for the amount. The case made its way to the Supreme Court, where the Court found that the children no longer met the definition of a dependent.

Jones v. Jones (Nebraska 2020)

April 2020

A child support worksheet is required regardless of the amount of support. In this appeal of a custody modification, the Nebraska Supreme Court addressed an issue that wasn’t squarely before it. The trial court granted a father’s request to change physical custody of a child and ordered a new support obligation for the mother. A child support worksheet wasn’t attached to the order, which the mother noted in her initial appeal. The appellate court found in favor of the mother, so didn’t reach the lack of a worksheet issue. The father then appealed, and the Supreme Court reversed the appellate court.

Kimzey v. Kimzey (Wyoming 2020)

April 2020

To modify a stipulated child support order, there must be a substantial change of circumstances in addition to the required change in the support amount. The parents divorced and in the decree stipulated to a child support amount lower than the guideline amount. Following the mother’s move to Arizona, the father filed to modify custody and support. The district court found that mother’s move was a material change of circumstances but found it didn’t warrant a change in custody. The district upwardly modified the father’s support obligation based on a change in the amount of support. The father appealed.

Ybarra v. Ybarra (Nebraska 2020)

April 2020

State and federal law control the amount of money that can be withheld for child support. The father, who owed child support arrears and interest, requested a modification of the amount of money being withheld from his social security. He also requested that the interest be removed. He argued that the amount withheld placed him below the subsistence levels in the child support guidelines. The trial court denied his requests. The father appealed.

Kleoudis v. Kleoudis (North Carolina 2020)

April 2020

For parents with incomes above the guidelines, child support will be determined on a case-by-case basis. The child support amount should be based on the amount of support necessary to meet the child’s reasonable needs in light of the parents’ estates, earnings, and standard of living. In this divorce case, the parents had incomes above the North Carolina child support guidelines. To set support, the trial court took into account each parent’s after-tax income, the position in which the property settlement left each parent, and each parent’s expenses. The father appealed the child support determination.

Krohn v. Krohn (Mississippi 2020)

April 2020

A court must approve any custody change. Without a court order, there may be no right to support. In this divorce, the mother was awarded primary custody of the child. The father was ordered to pay support and alimony. Post-divorce litigation regarding custody and child support began almost immediately. The father lost his high paying job and requested a modification. At a hearing, the chancery court found the father in contempt for failure to pay support, set purge conditions, entered a judgment for arrears, and reduced his child support obligation going forward. The father filed a Motion to Alter or Amend The Amended Judgement. He argued the chancery court should have ordered the Mother to pay him support for a brief period of time the child resided with him.

Bornhorst v. Bornhorst (Nebraska 2020)

April 2020

Distributions to corporate shareholders intended to cover tax liability are not necessarily income for child support purposes. The parents filed for divorce. The mother worked for her family’s construction company. To determine her income for child support, the court used the wages reported on her W-2 form but didn’t include other distributions she received as a company shareholder. She testified the distributions were meant to cover her tax liability and that she had no control over the amount or the timing. The trial court didn’t include these amounts in her income.

Guthard v. Guthard (Nebraska 2020)

April 2020

Determining income for child support for a parent who is a shareholder in a corporation is a fact specific determination. The mother filed to modify child support alleging that the father’s income had increased substantially. The father was a 50 percent shareholder in an S corporation. The mother argued the Father’s child support income should include his salary, the earnings retained by the corporation, distributions meant to cover taxes, and rental income from another business. The trial court denied the modification, and the mother appealed.

In re Shockman (Kansas 2020)

April 2020

The trial court has the authority to manage legal proceedings, which can include delegation of child support matter to a court trustee. The father filed to modify the custody and support provisions of a divorce decree. The scheduling order indicated that the child support would be referred to the court trustee. The trial court heard the proceeding and at the close stated it had adequate information to determine child support. The trial court issued an order modifying support downward and entering a judgement for arrears.

Frost v. Monahan (Nebraska 2020)

April 2020

Nebraska statute provides for an abatement of child support during extended visitation but the trial court has discretion over its application. The mother and father had a child and shared parenting time under a Stipulated Agreement. The father filed to modify custody, and the mother counterclaimed, requesting permission to move out of state. The trial court found a change in circumstances and granted the father legal custody and physical custody during the school year. The mother was awarded visitation every other weekend, during school breaks, and during the summer. The mother appealed the order on several grounds including the trial court’s denial of her request to abate child support during summer visitation.