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

Daniels v. Yasa (Kansas 2021)

December 2021

The Kansas Department for Children and Families filed to modify a Missouri child support order. The father requested his support obligation be terminated due to his child’s failure to comply with the requirements to receive support after high school. He also requested reimbursement of his support paid from the time of the child’s high school graduation. The district court entered a judgment for medical and educational expenses, denied his request for reimbursement, and he appealed.  

In re Stradtmann (Colorado 2021)

December 2021

Under Colorado statute, child support can be retroactive to the date of the parent’s separation, the date of the filing of the petition, or the date of service on the responding parent, whichever date is later. The final decree in this divorce case ordered child support retroactive to February 2019, the date of the parent’s separation. The father appealed this provision arguing this date didn’t comply with the statutory requirements.

Characteristics of Custodial Parents and Their Children

November 2021

Using data from a 2018 U.S. Census Bureau survey, this brief analyzes characteristics of parents and children who are receiving child support services and compares them to families who don’t use the program. As of April 2018, there were 12.9 million custodial parents in the nation. 7.9 million of these parents participated in the child support program.  This brief includes information on the age, sex, race and ethnicity, marital status, employment status of these parents, as well as data on living arrangements and visitation for the child with the noncustodial parent. 

Patterson v. Patterson (Nebraska 2021)

November 2021

When projecting income for child support, evidence must support the projection. In this divorce action, the father was a dentist. To determine his income for child support, the district court averaged his income from 2017, 2018, and for six months of 2020. The parents’ 2019 tax return was not complete at the time of trial. Using the average income, the district court set support. The mother appealed arguing the district court erred both the method and calculation of the father’s income.

Bailey v. Bailey (Nebraska 2021)

November 2021

A court may require security for child support payments if compelling circumstances exist. In this divorce action, the final decree ordered the father to secure his child support obligation with a life insurance policy and divided childcare expenses between the parents in order for the mother to maintain her job or pursue a higher education. The father appealed these provisions.

Marriage of Evans (Colorado 2021)

November 2021

A property division can be re-opened upon the discovery of an undisclosed asset. Child support will be recalculated to reflect any change in a parent’s income from the new asset. In this post-divorce action, the mother petitioned to reopen the parents’ original property division. She found an undisclosed asset, the father’s ownership of a business. The magistrate agreed, allocated the asset, and modified the child support order based on additional income from the business. The father appealed, first to the district court, which affirmed, and then to the appellate court.

Peck v. Peck (Nebraska 2021)

November 2021

Earning capacity can be used to determine income instead of a parent’s actual income. To get credit for health insurance premiums, a parent must provide proof of the cost. The mother appealed the final order in a proceeding to modify custody and support. She appealed several provisions including the child support calculation, arguing the court incorrectly used her earning capacity as her income and granted the father credit for contributing to the children’s health insurance premium. The appellate court affirmed in part and reversed in part.

Braswell v. Braswell (Mississippi 2021)

November 2021

The modification of a child support order requires an unforeseen change of circumstances. The requesting parent has the burden of proof. The father filed to modify the alimony and child support provisions of the divorce decree. He alleged his income from his ophthalmology practice had decreased substantially. He filed for bankruptcy and then the pandemic prevented him from seeing patients. He had been charged with driving under the influence and was subject to an agreement with the licensing board which also limited his hours of practice. The parent’s final minor child was living with the father at the time of the action. In the final order, the chancery court denied to modification finding the father’s choice to drink meant his claimed change in circumstances didn’t quality as unforeseen. He was found in contempt for failure to pay. The father appealed.

Webber v. Randle (Mississippi 2021)

October 2021

An estate administrator has an obligation to determine the heirs and can challenge paternity. An estate administrator, the widow of the decedent, filed to determine heirship. The decedent had four children: two born during his first marriage, one with the widow, and a child for whom paternity had yet to be established. His widow, the administrator of his estate, filed to determine heirship. The chancery court ordered DNA testing of all four children. The results showed a high probability that the children of the ex-wife and the children of the widow were not related, which meant the decedent was not the biological father of the two children from his first marriage.

Demographic and Socioeconomic Characteristics of Nonresident Parents

October 2021

More than 9.7 million parents in the United States don’t live with their children. Recognizing the important role nonresident parents play in their children’s life, policymakers requested data on nonresident parents and suggestions for beneficial policies. The data in this report, obtained from the 2018 Survey of Income and Program Participation, captured demographic, relationship, and economic information.