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

Johnson v. Johnson (Wyoming 2020)

February 2020

Overtime income can’t be considered as part of gross income unless it was earned in the statutory timeframe and is reasonably expected to continue. The mother and father divorced. They had four children. During the 2018 trial, the mother argued the father was voluntarily underemployed. While the parents were married the father regularly worked overtime, but he stopped in 2015.  She argued his income should be based on his income for 2013 and 2104 when he has regularly working overtime. The trial court agreed and set support accordingly. The father appealed the child support award along with other provisions of the divorce decree. 

Best v. Oliver (Mississippi 2020)

February 2020

To modify a child support order, there must be a material change in circumstances that wasn’t foreseeable when the original order was established. While an increase in a child’s expenses is foreseeable, the amount of the increase is not. The mother and father divorced, and the father was ordered to pay support for their only child. Several years later, the mother filed to modify citing father’s increase in income, the child’s increase in expenses, and a change in her financial situation. The chancery court granted the modification, and the father appealed.

Morris v. Powell (North Carolina 2020)

February 2020

Child support does not end until a child is legally emancipated. A seventeen-year-old child moved out of his mother’s home, and the father stopped paying support. The mother filed a petition for contempt and for a judgment on the arrears. The father filed to terminate support as of the date the child moved out, arguing that the child constructively emancipated. The trial court granted the father’s motion to terminate support and found the father was not in contempt for willful nonpayment. The mother appealed.

Marriage of Weekes (Colorado 2020)

January 2020

Statutes operate prospectively unless the language indicates otherwise. A law is unconstitutionally retrospective if it infringes on a vested right. The father filed to modify his child support based on a physical change of custody that happened without a court order. Current Colorado law limits retroactive modification of child support to the five years prior to the filing of the motion with an exception if the outcome is shown to be unjust and/or inappropriate. If the exception is applied, the date can go back further than five years. The father filed to modify well after the child had emancipated. The court denied the motion to modify as untimely, and the father appealed.

Kibbe. v. Kibbe (Tennessee 2020)

January 2020

The court has discretion to craft a child support award that will best support a child with extraordinary medical needs as long as the court considers all available resources. The parents’ initial divorce decree addressed the needs of their special needs child. The mother primarily cared for the child, and the father was granted visitation. Several years later, the father filed to modify alimony and/or eliminate alimony or, alternatively to reduce alimony in relation to any increase in child support. The trial court heard testimony that the father rarely visited the child. The mother couldn’t leave the child without care, so she worked when the child was at school.

2019 Employer Symposium Report

January 2020

At the annual 2019 conference, the National Association of Child Support Directors (NCCSD) brought together a group of child support professionals and employers to discuss ways to improve communication, cooperation, and processes between the program and employers. This report summarizes the discussion and sets out the action items. The goals of the Symposium included, but were not limited to, making employers aware of state resources, discussing major trouble spots for employers, addressing improvements to lump sum, and learning more about the gig economy.

Berens v. Berens (North Carolina 2020)

January 2020

A court doesn’t abuse its discretion in imputing income to a parent as long as evidence supports the determination. The mother and the father filed for divorce. After several years, the trial court entered an order a final decree, which set support for three children. Both parents appealed the child support provisions. The mother argued the trial court erred in imputing income to her. She didn’t work and had been the children’s primary caregiver.

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.

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.

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