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

Who Is at Risk for Contempt of Court for Child Support Noncompliance?

June 2020

The federal Office of Child Support Enforcement funded the Procedural Justice-Informed Alternatives to Contempt (PJAC) demonstration grant to study the effect of applying procedural justice principles to child support cases. Specifically, the grant studied NCPs with the ability to pay but were about to be referred for contempt due to nonpayment. This report analyzes the data received to identify characteristics of NCPs in the PJAC sample and what the case managers believe led the NCPs to the point of contempt.

Olander v. McPhillips (Nebraska 2020)

June 2020

A hearing transcript is required when there is an evidentiary hearing. The mother and father, who were not married, had a child. A court order established paternity and addressed child support and visitation. The father filed to modify the paternity order. After several hearings, the trial court modified several provisions of the order, including reducing the child support amount. The mother filed to vacate the modified order. The trial court indicated it would hold an evidentiary hearing on the child support issues. After the unreported hearing, the trial court denied the motion to vacate. 

Piling on Debt: The Intersections Between Child Support Arrears and Legal Financial Obligations

June 2020

This article examines the whys and hows of child support arrears as an unmanageable debt. It takes a special look at the child support arrears that accumulate during a parent’s incarceration. The article identifies several factors that contribute to the build-up of arrears including support orders that the parent can’t reasonably pay and enforcement measures that inhibit a parent’s ability to find a job such as driver’s license suspension.

State Strategies for Improving Child Support Outcomes for Incarcerated Parents

June 2020

Right-sizing child support orders has been a big point of discussion for child support. This  includes appropriate orders for parents who are incarcerated. The federal office of child support passed new rules in 2016 that require notice to parents who will be incarcerated for more than 180 days of their right to a request a review of their child support order. This brief analyzes four strategies that states are using to identify and reach out to incarcerated parents with child support orders.

Van Fleet v. Guyette (Wyoming 2020)

June 2020

A parent can’t disregard a statutory requirement then complain about its outcome. This matter came before the court on a modification of custody. With respect to child support, the court ordered both parents to file a financial affidavit. The mother filed hers along with supporting information. The father didn’t, and the court found him in contempt. The contempt order gave him an additional opportunity to file the affidavit. Otherwise, the mother was directed to file an affidavit of imputed income and allege his income.

People in Interest of S.C.

June 2020

The section of Colorado statute which adopted the Uniform Interstate Family Support Act (UIFSA) gives parties the right to testify by phone. The state of Missouri asked the state of Colorado to establish paternity with respect to the minor child. The father lived in Colorado. The mother had an outstanding warrant for her arrest in Colorado. She declined to appear at the proceeding in person. The magistrate refused to hear telephone testimony and entered an order closing the case. The district court affirmed the order. The child support agency appealed. The appellate court issued an order to show case ordering the child support agency to show the order was a final, appealable order.

Lasu v. Lasu (Nebraska 2020)

June 2020

A documented travel expense may qualify as a deviation from presumptive child support if it is in the child’s best interests. In this divorce case, the court awarded the mother primary physical custody of the child. The mother lived Nebraska, and the father in California. The district court calculated support and deviated from presumptive support for travel expenses. The father appealed the custody determination and argued the travel deviation should have been bigger.

Ivory v. Albert (Mississippi 2020)

June 2020

A child support obligation may be terminated due to a child’s clear and extreme actions. The father filed to end his support obligation to the child. He alleged the child would not see him and didn’t want a relationship with him. The trial court ended the support. The mother appealed. The appellate court reversed the decision, finding the trial court used the right standard but didn’t correctly apply the standard to the facts.

In re Goodpasture (Kansas 2020)

June 2020

The trial court doesn’t necessarily lose jurisdiction to enforce a child support order when one parent moves from the state. The parents divorced, and the divorce decree ordered the father to pay support for their three children. The mother assigned her right to child support to the Kansas Department of Children and Families in 2018. The father moved to set aside the order arguing that the court no longer had personal and subject matter jurisdiction because the mother had moved from Kansas. The trial court denied the motion. The father appealed.

In re Guha (Kansas 2020)

June 2020

The determination of a parent’s income from a subchapter S corporation is fact specific. The court will consider the company’s earnings history, ownership share, and the parent’s control over distribution and retention of the net profits. In this high-income case, the father’s business was organized as a S Corporation. In this modification action, the trial court found his income included his salary, maintenance payments, and 70% of the company’s gross income. The father appealed this determination.