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

Morris v. Morris (North Carolina)

April 2022

The prohibition against retroactive modifications doesn’t come into play if the child support order is temporary. In 2014, the parents filed for divorce and, in 2015, the court entered a temporary support order for the father to pay support, which it then suspended in a 2016 order. In 2020, the court entered a final order and calculated the father’s child support starting in 2016. The father appealed the final order, arguing the 2016 order suspending support became a permanent order by virtue of its duration and it was error to set support back to 2016.

Wallace v. Wallace (Mississippi 2022)

April 2022

Parents can’t unilaterally modify child support. The parents divorced in 2011, and the final divorce decree set out their visitation schedule and ordered the father to pay support. With time, the children alternated weeks with each parent. The father stopped paying support in 2017. In 2019, the mother filed to modify custody, support, for a finding of contempt for the father’s failure to pay support, and sought relief for other issues.

Smith v. Grant (North Carolina 2022)

April 2022

A child support order can’t be based on speculation. The parents appeared before the court to determine custody and child support for their child. Prior to hearing, the parents agreed on a joint legal custody and a visitation schedule but the trial court determined child support. The final order granted the mother primary physical custody of the child and calculated child support using Worksheet A, which is based on one parent having less than 123 night of visitation per year. 

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.