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

Reconciling Remote Learning with Imputed Income for Custodial Parents

March 2022

Imputing income to custodial parents has become an issue during the pandemic. Many custodial parents left their jobs to care for children who were learning remotely. The author argues courts shouldn’t impute income under these circumstances. Instead, courts should exercise discretion and deviate from the guidelines or apply a good faith-best interests standard.

Procedural Justice in the Child Support Process Lessons from an Implementation Study of the Procedural Justice-Informed Alternatives to Contempt Demonstration

March 2022

The federal Office of Child Support Enforcement funded the Procedural Justice-Informed Alternatives to Contempt (PJAC) grant to fund projects which implemented the principles of procedural justice in working with parents facing contempt. This report analyzes implementation of the PJAC model. The model includes a case review, outreach and engagement, case conference, case action plan, and case management.

Procedural Justice in the Child Support Process An Implementation Guide

March 2022

Using lessons learned during the Procedural Justice-Informed Alternatives to Contempt (PJAC) grant, this guide provides child support agencies detailed instructions on how to implement procedural justice-informed practices. The PJAC grant funded projects designed to improve outcomes for parents who were on the verge of a contempt referral using the principles of procedural justice.

In re Marriage of Clark (Kansas 2022)

March 2022

Any modification to a child support order must be court approved. In 2002, the father filed for divorce. The trial court entered a temporary order requiring the father to pay support and maintenance and the mother to pay the mortgage on the marital residence. A divorce decree was entered later in 2002, but it reserved the issues of support and maintenance. In the interim, the father paid the mortgage, but didn’t pay support or maintenance. The mother requested a hearing, which the court denied.

Tucker v. Tucker (Wyoming 2022)

March 2022

The record must contain sufficient evidence to support the determination of income for child support. This modification case was initially brought by the State. The father then filed his own petition. After a lengthy period, the district court entered an order modifying the father’s obligation. The mother appealed. She alleged the evidence didn’t support the calculation of the father’s income.

Tolliver v. Tolliver (Mississippi 2022)

February 2022

To modify child support, a parent must show a material change of circumstances that were unforeseen at the time of the original order. The father worked full-time and held several side jobs. Following a mandatory COVID-10 quarantine, he didn’t report back to work at his full-time stating he still had symptoms, yet he still worked at his side jobs. He was terminated and the letter noted he continued to work at outside employment while receiving paid sick leave. He requested a modification of his child support.

In re Nusz (Kansas 2022)

February 2022

Evidence must support the determination of a parent’s income. In this divorce action, the mother appealed the child support portion of the divorce decree, arguing no evidence in the record supported the income determinations. The appellate court affirmed, finding no abuse of the district court’s wide discretion in setting income for child support.

In re Marriage of Flanders (Colorado 2022)

February 2022

A caretaker, who receives parental responsibilities in a dependency proceeding, doesn’t necessarily qualify as a psychological parent for the purposes of child support. A dependency order gave a grandmother parenting responsibilities for her grandchild and ordered the child’s parents to pay support. After beginning regular visitation, the father filed to modify the order and requested the grandmother be considered a psychological parent who could be ordered to pay support, citing In re Parental Responsibilities Concerning A.C.H., 2019 COA 43 (Co. Ct. App. 2019).

Nowell v. Stewart (Mississippi 2022)

February 2022

The modification of a child support order requires an unforeseen change of circumstances. The parent requesting the modification bears the burden of proof. The mother filed to modify child support based on the increased cost of the child’s special needs. After a lengthy proceeding, the chancery court enterd an order increasing support. The chancery court found the child’s needs had increased and had extensive medical expenses. The chancery court made the modification retroactive and entered a judgment.

In the Matter of the Parentage of N.P. (Kansas 2022)

February 2022

A parent must move to set aside an order due to inadvertence or excusable neglect must do so within a year. At issue in this case is a child support order entered on September 24, 2018. On February 5, 2020, the father moved to set aside the order claiming mistake or inadvertence. The district court denied the motion. First, a claim of mistake or inadvertence had to be made with one year. The filing was outside this timeframe.