Nguyen v. Heller-Nguyen (North Carolina 2016)
Vested child support arrears are not subject to offset.
Read MoreCatalano v. Woodcock (Tennessee 2016)
In a divorce proceeding, the requirements for service by publication must be strictly complied with or any resulting order will be void for a lack of personal jurisdiction, which can include the child support order.
Read MoreIn re Adoption of Jaelyn B., Jesse B. v. Tylee H. (Nebraska 2016)
A Nebraska court must give full faith and credit to a valid paternity determination from another state and apply the law of that state when making decisions about the parent’s rights. In this case, a lower court improperly allowed the adoption of child without notice to the legal father, whose paternity had been established through…
Read MoreMosher v. Mosher (Mississippi 2016)
A child support issue must be properly raised in the lower court, or it is procedurally barred from appellate review. The lower court has an obligation to review all child support agreements to ensure the support amount is adequate and sufficient to support the child.
Read MoreFuller v. Fuller (Kansas 2016)
Due process requires that the party filing to modify a child support order give notice of the request to the other parent. The other parent is entitled to an opportunity to be heard and a reasonable amount of time to prepare a defense.
Read MoreOster v. Ratliff (Mississippi 2016)
A father argued his two children emancipated for purposes of ending child support because they had moved out of their mother’s home into an apartment and were employed full time. The Court found the children were full-time students, not full-time employees, and depended on their parents for financial support.
Read MoreState on behalf of Ja’Quezz G. v. Teablo P. (Nebraska 2016)
The method of notice of a paternity action must be reasonably calculated to inform the Defendant the action is pending and give the Defendant a chance to object. If a Defendant fails to appear at a hearing after proper service, a default order can be entered.
Read MoreMalone v. Hutchinson-Malone (North Carolina 2016)
The North Carolina child support statutes specifically identify the circumstances under which a child support obligation terminates; however, parents can agree to a duration for the obligation that is more generous, but not more restrictive.
Read MoreHunt v. Hunt (North Carolina 2016)
CSEA has an unconditional right to intervene in a proceeding where an individual has applied for child support services and paid the application fee.
Read MoreChild Support, Debt, and Prisoner Reentry: Examining the Influences of Prisoners’ Legal and Financial Obligations on Reentry
This is the final report to the National Institute of Justice. The research attempted to examine the influence of child support orders and related debt on recidivism using data from the Serious and Violent Offender Reentry Initiative (SVORI). The authors also examined the lagged impacts that child support obligations, legal employment, and rearrest have on…
Read MoreState ex rel. Creighton v. Hayner (Tennessee 2016)
A judgment for arrears entered in 2005 was void because of improper service on the non-custodial parent.
Read MoreIn re Gabrielle R. (Tennessee 2016)
A review of the child support amount automatically follows a petition to modify parenting or visitation time and does not require a specific request.
Read MoreState v. Erpelding (Nebraska 2015)
In a criminal non-support action, the intent to not pay child support does not depend on the Defendant’s ability to pay. The Defendant’s actions, words, and circumstances can all be evidence of an intentional failure to pay.
Read MoreIn re Marriage of Gross and Gross (Colorado 2016)
When a parent voluntarily relinquishes parental rights, the obligation to support the child does not end until a final order of relinquishment is entered.
Read MoreChild Support: An Overview of the Census Bureau Data on Recipients
The United States Census Bureau periodically collects national survey information on child support. This report includes a compilation of information from the biennial survey data from 1993-2013. Compared to 1993 Census data, less child support was received by custodial parents in 2013 ($24.8 billion in 1993 versus $22.5 billion in 2013; in 2013 dollars). However,…
Read MoreMitchell v. Hall (Tennessee 2016)
A modification of a child support amount due to a child reaching the age of majority is not considered a retroactive modification in a strict sense. While the Court must still make factual findings to support the new amount, generally a parent’s duty to support a child ends when a child reaches the age of…
Read MoreStevens v. Stevens (Nebraska 2016)
The order being appealed must be a final order, not a conditional order. The Order in this case adopted recommendations made by a child support referee, but gave the parties 14 days to make exceptions to the recommendations. Because the finality of the order was conditioned on the parties taking or not taking exceptions, it…
Read MoreBryan M. v. Anne B. (Nebraska 2016)
When filing a paternity action, a potential father cannot file as a next friend to the child to get around the statute of limitations. A next friend is a person who is significantly connected to the child and who is bringing the action for the child’s benefit.
Read MoreResearch Brief: Child Support, Parenting Time, and Safety Concerns
This is an August 2015 research brief, prepared by the Center for Policy Research for the federal Office of Child Support Enforcement, describing the policy implications of legislation requiring parenting time orders, identifying implementation questions and alternatives analyzing current practices in family violence safeguards, and providing expertise on next steps for identifying and developing family…
Read MoreIf I Had Money: Black Fathers and Children, Child Support Debt, and Economic Security in Mississippi
This is a link to a report prepared for The Coalition for a Prosperous Mississippi (CPM), which supports a policy agenda to increase economic security for Mississippians. One major economic barrier for young black men is child support, particularly child support that is owed to the State as a result of their children receiving Temporary…
Read MoreStallings v. Allen (Mississippi 2016)
A parent can be found in civil contempt of court for a failure to provide dental insurance and to pay a portion of uncovered medical expenses as ordered.
Read MoreTidwell v. Tidwell (Tennessee 2016)
A parent’s failure to raise the issue of voluntary/willful unemployment with respect to the other parent’s income is a waiver of this issue.
Read MoreWhat We Want to Give Our Kids: How Child Support Debt Can Diminish Wealth Building for Struggling Black Fathers and Their Families
This is a link to a study of black fathers and their child support debt using focus groups of 35 black fathers in 6 U.S. cities. It describes how child support debt prevents poor noncustodial parents, who are often struggling black fathers, from becoming financially stable and accumulating assets. This child support debt often contributes…
Read MoreState v. Coldwater (Oklahoma 2016)
In Oklahoma, parents may receive credit in a child support calculation for children from other relationships who they support. The court must determine the number of qualified children and that number will then be inserted on the child support calculation form.
Read MoreCook v. Iverson (Tennessee 2015)
The Court must make a specific finding that a parent is voluntarily underemployed or unemployed before imputing income.
Read MoreIn re JB (Oklahoma 2015)
Adoptive parents are required to pay child support after they relinquish their parental rights to their adopted child.
Read MoreParents and Children Together: Design and Implementation of Responsible Fatherhood Programs
The Parents and Children Together (PACT) evaluation, conducted by Mathematica Policy Research for the Office of Research, Planning and Evaluation in the Administration of Children and Families (ACF) at the U.S. Department of Health and Human Services, is examining a set of Responsible Fatherhood (RF) and Healthy Marriage grantees funded by ACF’s Office of Family…
Read MoreHelping Noncustodial Parents Support Their Children: Early Implementation Findings from the Child Support Noncustodial Parent Demonstration (CSPED) Evaluation
In 2012, OCSE competitively awarded grants under the Noncustodial Parent Child Support Demonstration (CSPED) Project to child support agencies in eight states to provide enhanced child support, employment, parenting, and case management services to noncustodial parents who are having difficulty meeting their child support obligations. Also in 2012, OCSE competitively awarded a cooperative agreement (under…
Read MoreDellit v. Tracy (Wyoming 2015)
A district court may deviate from a presumptive child support amount even when a party is receiving a government benefit on a child’s behalf as long as the Court makes a finding to support the reduction.
Read MoreIn re Andrea R. (Tennessee 2015)
An upward deviation in the child support amount for private school tuition must be supported by a specific finding that the expense is appropriate. This finding must be based on evidence of the financial circumstances of each parent and the child’s lifestyle. In re Andrea R.pdf
Read MoreLubell v. Lubell (Tennesee 2015)
Private school tuition and other approved extraordinary educational expenses should be considered as a deviation from the guideline child support amount and added to the base child support award.
Read MoreBurnham v. Burnham (Mississippi 2015)
An agreement for child support that is chancellor–approved will not be reviewed on appeal if the agreement was not presented to the trial court for review.
Read MoreCaldwell v. Atwood (Mississippi 2015)
A court cannot outright forgive child support arrears.
Read MoreState ex rel. Brown v. Shipe (Tennessee 2015)
An incarcerated parent is considered voluntarily underemployed or unemployed, and is not excused from paying child support while in prison.
Read MoreThe Impact of Child Support Laws on the Measured Outcomes of Children
Published in the Journal of Legal Issues and Cases in Business Volume 3 – December, 2014, this article documents the results of research performed by the authors in which they tested the hypotheses that 1) children whose families have more money have better outcomes; and 2) states with harsher punishments for failure to pay child…
Read MoreIn re marriage of Stephenson v. Papineau (Kansas 2015)
An NCP whose children receive a lump sum disability award may be entitled to credit for timely paid child support for the period of time covered by the lump sum.
Read MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreProchaska v. Prochaska (Nebraska 2009)
When setting a child support obligation for an obligor with multiple families, the court may deviate from a strict application of the guidelines as long as it considers the facts of the case.
Read MoreState on behalf of LLB v. Hill (Nebraska 2004)
Child support arrears will not be forgiven under an equity argument if a parent’s lack of diligence lead to the accumulation of the arrears
Read MorePalagi v. Palagi (Nebraska 2001)
The emancipation age of a child is typically a non-modifiable provision, and credit against owed arrears will not be given for college tuition payments.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreState v. Batt and Filbert (Nebraska 1998)
Even when a child has a presumptive father, a later action to determine paternity is not barred although clear and convincing evidence is necessary to rebut presumption.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date.
Read MoreState on behalf of BM v. Brian F (Nebraska 2014)
A motion to modify support cannot be converted into a motion for disestablishment even if the father attaches a genetic test showing he is not the biological father of child
Read MoreCesar C v. Alicia L (Nebraska 2011)
The proper effect of a signed, unchallenged acknowledgment of paternity is a finding that the individual who signed as the father is the legal father.
Read MoreLucero v. Lucero (Nebraska 2008)
Absent equities to the contrary, the modification of child support orders should be applied retroactively to the first day of the month following the filing date of the modification.
Read MoreState on behalf of AE v Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreLucero v. Lucero (Nebraska 2008)
Absent equities to the contrary, the modification of child support orders should be applied retroactively to the first day of the month following the filing date of the modification.
Read MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreIn re Chase (Tennessee 2015)
The Tennessee Code allows for judges in a county to agree that the juvenile court will have jurisdiction to set, enforce, and modify support orders.
Read MoreIn re Marriage of Lohman (Colorado 2015)
When enforcement of a judgment obtained in a foreign country is sought, the Colorado Court must determine if the foreign court had jurisdiction over the Colorado resident and also whether the exercise of jurisdiction is consistent with the Constitution and laws of the United States.
Read MoreIn re Marriage of Lohman (Colorado 2015)
When enforcement of a judgment obtained in a foreign country is sought, the Colorado Court must determine if the foreign court had jurisdiction over the Colorado resident and also whether the exercise of jurisdiction is consistent with the Constitution and laws of the United States.
Read MoreLowrey v. Simmons (Mississippi 2015)
A child support obligation will not be terminated just because the relationship between the child and the obligor parent has deteriorated.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreMurphy v. Murphy (Nebraska 2008)
When a parent’s own actions lead to a reduced income, there is no substantial change in circumstances that would justify modifying a child support order.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreGroseth v. Groseth (Nebraska 1999)
A Nebraska court assumes continuing, exclusive jurisdiction to modify another state’s order once both parents and the child no longer reside in the state that issued the order.
Read MoreGroseth v. Groseth (Nebraska 1999)
A Nebraska court assumes continuing, exclusive jurisdiction to modify another state’s order once both parents and the child no longer reside in the state that issued the order.
Read MoreGress v. Gress (Nebraska 1999)
A noncustodial parent is entitled to a credit against a monthly child support obligation for Social Security benefits paid to his or her minor child as a result of the non-custodial parent’s disability.
Read MoreSmeal Fire Apparatus Co v. Kreikemeier (Nebraska 2010)
Civil contempt must be proved by clear and convincing evidence unless statutory procedures impose a different standard.
Read MoreGress v. Gress (Nebraska 1999)
A noncustodial parent is entitled to a credit against a monthly child support obligation for Social Security benefits paid to his or her minor child as a result of the non-custodial parent’s disability.
Read MoreState on behalf of LLB v. Hill (Nebraska 2004)
Child support arrears will not be forgiven under an equity argument if a parent’s lack of diligence lead to the accumulation of the arrears.
Read MoreCarroll v. Moore (Nebraska 1988)
Court-appointed counsel will be provided to indigent defendants in paternity cases.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreBranch v. Branch (Mississippi 2015)
Adjusted gross income for income tax purposes and adjusted gross income for the purpose of calculating child are not necessarily the same amount.
Read MoreSellers v. Sellers (Nebraska 2015)
Where a strict application of the child support guidelines is presumed, a father’s request for a deviation from the guidelines was not supported by sufficient evidence.
Read MoreAnderson v. Anderson (Mississippi 2015)
A stipulated child support agreement will be treated as though court-ordered, and the amount will not be reviewed for a modification unless there is a material change of circumstances that occurred after the agreement was entered.
Read MoreLewis v. Pagel (Mississippi 2015)
Modification of a support order can be considered as long as the arrears have been reduced to judgment.
Read MoreSeeding the College Dream – Final Report: An Evaluation of the Child Support for College Asset Building Initiative
This is a link to an evaluation of the Texas Child Support for College (CS4C) pilot program, which was created to provide an incentive for Texas child support program participants to save for their children’s college education.
Read MoreWelfare Recidivism in Maryland: The Importance of Child Support
This report examines the relationship between child support receipt in Maryland and returns to the Temporary Cash Assistance (TCA) program, Maryland’s name for the Temporary Assistance to Needy Families (TANF) program. The report answers the following key questions: 1) What percent of women return to public assistance within three years, and what are their demographic…
Read MoreMalinak v. Malinak (North Carolina 2015)
If there is a court-ordered support obligation, the doctrine of laches does not bar the recovery of unpaid child support.
Read MoreLasu v. Issak (Nebraska 2015)
When a household has a combined monthly income below the poverty level, a minimum support order is appropriate.
Read MoreBreen v. Black (Wyoming 2015)
A custodial parent must diligently pursue a claim for reimbursement of medical expenses or they can be barred by res judicata. A noncustodial parent can be found in civil contempt for failure to contribute to medical expenses if evidence supports the finding.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreGladwell v. Gladwell (Tennessee 2015)
Court of Appeals upheld trail court award of federal income tax deduction for children to Mother.
Read MoreHealthy Babies — Healthy Relationships: A Project to Promote Financial and Medical Security for Children-Final Report
In the Healthy Babies—Healthy Relationships Project (HBHR), the Center for Policy Research (CPR) experimented with the delivery of information about paternity and child support to expectant and new parents in two settings that serve low-income and never-married parents: (1) Centering Pregnancy (Centering) Programs, which replace conventional, individual, prenatal care with a group centered model that…
Read MoreNiños Sanos: Healthy Children a Collaborative Project between OAG (Child Support) and HHSC (Medicaid) Final Report
The Niños Sanos demonstration project, which translates to “Healthy Children,” began in September 2007 and continued through August 2011. The project was funded by a Section 1115 demonstration grant through the federal Office of Child Support Enforcement (OCSE). Through a collaborative effort between the Texas Office of the Attorney General (OAG) Texas Child Support Division…
Read MoreColorado Compromise and Cooperation: Project Evaluation Final Report
The Colorado Compromise and Cooperation Project, which operated in Denver and Larimer counties, was designed to develop, implement, and test procedures to promote payment of current support and/or arrears among noncustodial parents (NCPs) who owe back-due child support, reduce child support arrears balances, and close cases, where appropriate. Each county targeted NCPs with arrears who…
Read MoreRoundtable on Domestic Violence: Child Support Program and Parenting Time Orders: Research, Practice & Partnership
This document contains the agenda, speaker biographies, and materials for a round-table discussion convened by the federal Office of Child Support Enforcement under Contract with the Center for Policy Research. The purpose of the roundtable was to identify methods and strategies for addressing domestic violence in child support cases where parenting time is being established.…
Read MoreDebt Compromise Programs: Program Designs and Child Support Outcomes in Five Locations
To generate empirical information on the populations served in actual debt compromise programs, the treatments they receive and the outcomes of their participation as measured by their debt levels and payment behaviors, CPR collected and analyzed information on 688 individuals enrolled in debt compromise programs in four states — California, Illinois, Maryland, Minnesota — and…
Read MoreEvaluation of the Tennessee Parent Support Program
This report is a comprehensive evaluation of Tennessee’s Parent Support Program (PSP), which was conducted in collaboration with the Tennessee Administrative Office of the Courts (AOC). PSP enabled child support agencies in three jurisdictions to hire staff to provide case management and job‐focused services in addition to helping with parenting time. In the last…
Read MoreIntegrating Workforce Strategies with Child Support Services – Final Report
The State of Tennessee Department of Human Services, Child Support Division (CSD) was awarded a strategic planning grant from the U.S. Department of Human Services, Office of Child Support Enforcement (OCSE) in September 2011. The project was a strategic planning effort designed to engage multiple agencies in a collaborative process to improve financial outcomes for…
Read MoreToolkit: Workforce Programs for Child Support Populations Tennessee Workforce Strategies and Child Support Services Project
This toolkit, prepared under a grant from the U.S. Department of Health and Human Services, Office of Child Support Enforcement to the Tennessee Department of Human Services, provides a step-by-step guide to establishing a workforce program for unemployed or underemployed, low-income noncustodial parents (NCPs) in the child support system. It is intended for use by…
Read MoreJamie N v. Kenneth M (Nebraska 2015)
The doctrines of issue preclusion and res judicata do not bar a subsequent paternity action when the court did not have jurisdiction over the earlier proceedings.
Read MorePrice v. Snowden (Mississippi 2015)
The Court of Appeals reversed Chancery Court decision finding father was not in contempt of court.
Read MorePrice v. Snowden (Mississippi 2015)
The Court of Appeals reversed Chancery Court decision finding father was not in contempt of court.
Read MoreIn re Gabriel V. (Tennessee 2015)
The Court of Appeals upheld the District Court decision that did not give Father credit for providing “necessaries” for the child.
Read MoreDeckard v. Deckard (Mississippi 2015)
Court of Appeals upheld lower court finding of contempt against father for failure to pay child support appropriate, that father was not entitled to a retroactive modification of the support amount, and that father had no proof of any extra judicial agreement to lower the support amount.
Read MoreArtz v. Norris (Mississippi 2015)
Court of Appeals held finding of contempt against father was appropriate, father could not unilaterally modify court order and make child support payments directly to child without the court’s approval, and father was liable for his payment toward the child’s medical insurance premium even though mother’s new husband employer paid for the insurance.
Read MoreState of Nebraska v. Bryan B and Monica D (Nebraska 2015)
A parent must prove cost of health insurance before being awarded a deduction for child support purposes.
Read MoreArtz v. Norris (Mississippi 2015)
Court of Appeals held finding of contempt against father was appropriate, father could not unilaterally modify court order and make child support payments directly to child without the court’s approval, and father was liable for his payment toward the child’s medical insurance premium even though mother’s new husband employer paid for the insurance.
Read MoreHayes v. Hayes
An upward deviation in child support without a specific finding to support the increase will be viewed as an abuse of discretion.
Read MoreHayes v. Hayes (Tennessee 2015)
If an obligor receives variable income, the income may be averaged over a reasonable period of time. Courts may make this determination on a case-by-case basis.
Read MoreMartin v. Phillips (Kansas 2015)
In a proceeding to collect arrears, apply the longer of the statute of limitations period between the issuing state and the forum state.
Read MoreReasonable Child Support Orders: The Relationship between Income and Collections
This is a study conducted by the University of Maryland School of Social Work. The federal Office of Child Support Enforcement (OCSE) has recognized the importance of creating support orders that balance a custodial parent’s need for support and a noncustodial parent’s ability to pay it. The authors conducted a multivariate linear regression utilizing a…
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