In re Marriage of Schoby (Kansas 2000)
The marriage of a minor is not a “terminating event” which automatically allows a payor parent to stop making child support payments for that child.
Read MoreIn re Marriage of Schoby (Kansas 2000)
The marriage of a minor is not a “terminating event” which automatically allows a payor parent to stop making child support payments for that child.
Read MoreIn re Marriage of Schoby (Kansas 2000)
Child support may be modified at any time circumstances render such a change proper, but the modification operates prospectively only.
Read MoreFerguson v. Winston (Kansas 2000)
Prior to ordering a blood test to determine whether the presumed parent is the biological parent, the trial court must consider the best interests of the child, including physical, mental, and emotional needs (Ross Hearing).
Read MoreWhitt v. State ex rel. Wright (Wyoming 2001)
In establishing the amount of back child support owed, a state must determine the actual income of both parents for the time period at issue, or the state must have a factual basis to support that any imputation of income was reasonable over the time periods at issue.
Read MoreIn re Marriage of Kasper (Kansas 2001)
In situations where parents have divided custody of two children, a child support worksheet must be completed for each child.
Read MoreIn re Marriage of Burton (Kansas 2001)
The Kansas Child Support Guidelines are the basis for establishing and reviewing child support orders in Kansas.
Read MoreIn re Marriage of Burton (Kansas 2001)
A trial court must follow the support guidelines, and a deviation from the guidelines without a stated reason is reversible error.
Read MoreIn re Marriage of Burton (Kansas 2001)
The doctrine of laches is applicable in child support cases.
Read MoreWatson v. Watson (Wyoming 2002)
In computing child support, a trial court must determine if a business expense should be deducted as a reasonable and legitimate business expense.
Read MoreUnion Pac. R.R. v. Trona Valley Credit Union (Wyoming 2002)
Child support garnishments have priority and if more than 25% of an employee’s disposable income is withheld, creditor garnishments are not permissible.
Read MoreUnion Pac. R.R. v. Trona Valley Credit Union (Wyoming 2002)
Child support wage withholding has priority over any other garnishments.
Read MoreSkillett v. Sierra (Kansas 2002)
The Kansas Child Support Guidelines are applicable to paternity actions that involve providing for the needs of a child.
Read MoreSkillett v. Sierra (Kansas 2002)
In entering an order of child support in a paternity action, the trial court may award an additional judgment to reimburse the expenses of support and education of the child from the date of birth to the date the order was entered.
Read MoreIn re Marriage of Myers (Kansas 2002)
When both parties to a divorce and the subject child or children have moved out of Kansas, Kansas loses continuing, exclusive jurisdiction to modify a child support order.
Read MoreIn re Marriage of Myers (Kansas 2002)
When both parties to a divorce and the subject child or children have moved out of Kansas, Kansas loses continuing, exclusive jurisdiction to modify a child support order.
Read MoreIn re Marriage of Brand (Kansas 2002)
There are many factors to consider when determining what amount of a Subchapter S corporation’s income should be included as income of its shareholders for purposes of calculating child support. In those cases where income can be manipulated because of the ability to control distributions, heightened scrutiny should be exercised.
Read MoreBarnett v. Cusimano (Kansas 2002)
There is no authority within the guidelines to increase the non-custodial parent’s child support obligation through an upward adjustment under the supplemental visitation category based solely upon the non-custodial parent’s failure to exercise visitation or spend quality time with a minor child.
Read MoreReady v. Ready (Wyoming 2003)
A deviation from the guidelines is permitted only when the trial court makes a finding that it would be unjust or inappropriate to follow them in a particular case and it specifically sets forth in full the reasons thereof in a divorce decree.
Read MoreReady v. Ready (Wyoming 2003)
There is no per se prohibition from using federal tax returns to calculate child support.
Read MoreIn re Marriage of Metz (Kansas 2003)
Whether the district court has the authority under Uniform Interstate Family Support Act to modify its child support order involves whether it has subject matter jurisdiction, which is a question of law over which an appellate court has unlimited review.
Read MoreIn re Marriage of Metz (Kansas 2003)
Whether the district court has the authority under Uniform Interstate Family Support Act to modify its child support order involves whether it has subject matter jurisdiction, which is a question of law over which an appellate court has unlimited review.
Read MoreDurham v. Durham (Wyoming 2003)
Deviation is allowed for substantial cost of transportation and visitation.
Read MoreGDK v. State (Wyoming 2004)
When faced with conflicting statutory presumptions of paternity, the court will use a best interest standard to determine parentage.
Read MoreMcCulloh v. Drake (Wyoming 2005)
A change from shared custody to primary custody creates a rebuttable presumption of a change in circumstances occurred significant enough to warrant modification of child support.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
The stated purpose of the Kansas Parentage Act is to ensure that the legal obligations, rights, privileges, duties, and obligations incident to the father and child relationship are carried out.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
The presumption that a man is the father of a child if he notoriously or in writing recognizes paternity of the child must be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
Defendants in paternity support actions may not invoke the defense of laches as a bar to the enforcement of moral and legal obligations to their minor children.
Read MoreStarkey v. Starkey (Wyoming 2007)
Father cannot receive credit against arrears based on prior voluntary overpayments.
Read MoreOpitz v. Opitz (Wyoming 2007)
Upward deviation due to underemployment is justified as long as district court explains the deviation.
Read MoreIn re Marriage of Leoni (Kansas 2007)
Any deviation from the amount of child support determined by the use of the guidelines must be justified by written findings in the journal entry, and failure to make such written findings is reversible error.
Read MoreIn re Marriage of Leoni (Kansas 2007)
Factors a district court should consider when deciding what amount, if any, of a subchapter S corporation’s income should be included when calculating child support include the past earnings history of the corporation, ownership share, and the shareholder’s ability to control the distribution or retention of net profits in the business.
Read MoreIn re Marriage of Leoni (Kansas 2007)
When the combined income of the parties is in excess of the maximum contained in the Kansas Child Support Guidelines schedule, the “extended-income formula” may be utilized in calculating child support.
Read MoreIn re KMH (Kansas 2007)
A man may be deemed a sperm donor if he provides sperm directly to a female for insemination in a doctor’s office. The man does not have to provide his sperm directly to a physician performing an artificial insemination to be deemed a sperm donor.
Read MoreDNW v. State, Dept. of Family Services (Wyoming 2007)
A presumed father, who holds a child out as his own and signs a paternity acknowledgment, will be held to be the child’s natural father.
Read MoreDNW v. State, Dept. of Family Services (Wyoming 2007)
Within the meaning of Parentage Act, a man who signs a paternity acknowledgment is held to be the natural father in certain circumstances, regardless of genetic testing that proves otherwise.
Read MoreIn re Marriage of Branch (Kansas 2007)
For purposes of computing child support, domestic gross income includes every conceivable form of income, excluding public assistance and child support received for other children of the parents.
Read MoreIn re Marriage of Branch (Kansas 2007)
The Kansas Child Support Guidelines do not address treatment of a lump sum employment severance payment in determining the amount of a parent’s child support obligation.
Read MoreIn re Marriage of Branch (Kansas 2007)
A lump sum severance payment is considered income for the purposes of child support calculations.
Read MoreIn re Marriage of Vandervoort (Kansas 2008)
When courts make deviations from the recommended amounts in the Kansas Child Support Guidelines, courts must show that such deviations serve the best interests of the children.
Read MoreIn re Marriage of Vandervoort (Kansas 2008)
The Child Support Guidelines are the basis for establishing and reviewing child support orders in Kansas, including cases settled by agreement of the parties.
Read MoreIn re Marriage of Vandervoort (Kansas 2008)
A child reaching 18 years of age is one of the three events in Kansas which automatically terminates child support.
Read MoreIn re Marriage of Ormiston (Kansas 2008)
The term income as it is used within the Kansas Child Support Guidelines (Guidelines) has been broadly interpreted by Kansas appellate courts to mean every conceivable form of income, whether it be in the form of earnings, royalties, bonuses, dividends, interest, maintenance, or rent.
Read MoreRK v. State ex rel. Natrona County Child Support Dept. (Wyoming 2008)
Even if the district court errs in applying the current version of the Wyoming Parentage Act, the error is harmless if the father’s proffered evidence is insufficient as a matter of law.
Read MoreState ex rel. Secretary, SRS v. Moses (Kansas 2008)
The presumptive child support obligation of a non-custodial parent whose income is solely derived from public assistance would be $0 under the child support guidelines.
Read MoreIn re Marriage of Winsky (Kansas 2009)
When a child reaches 18 years of age and is no longer in high school, a parent’s obligation for support of any remaining minor children should be recalculated under the Kansas Child Support Guidelines.
Read MoreIn re Marriage of Winsky (Kansas 2009)
When a child reaches 18 years of age and is no longer in high school, the obligation of a parent to pay support for that child automatically ceases.
Read MoreSwain v. The State of Wyoming (Wyoming 2009)
A civil contempt is remedial and the penalty serves to enforce compliance with a court order.
Read MoreDia v. Oakley (Kansas 2009)
The Uniform Interstate Family Support Act, known as UIFSA, allows support orders entered in other states and some foreign countries to be registered and enforced in Kansas.
Read MoreState ex rel. SRS v. Cleland (Kansas 2009)
A child support judgment that was not void as of July 1, 2007, shall not become dormant, except that the judgment shall cease to operate as a lien on the real estate of the judgment debtor as of the date the judgment would have become dormant.
Read MoreState ex rel. SRS v. Cleland (Kansas 2009)
A trial court’s application or denial of the doctrine of laches is reviewed for an abuse of discretion.
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine that clear and convincing evidence proves a man who has executed a voluntary acknowledgment of paternity is not the biological father of the…
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine that clear and convincing evidence proves a man who has executed a voluntary acknowledgment of paternityis not the biological father of the child,…
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine, based on genetic testing and a hearing to determine the best interest of the child (Ross hearing), that clear and convincing evidence proves…
Read MoreIn re Marriage of Jones (Kansas 2010)
Kansas law allows for retroactive application of a child support modification back to 1 month after the filing of the motion to modify is clear, unambiguous, and straightforward.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
Under the Kansas Parentage Act, a child may bring an action to determine a father and child relationship arising from a statutory presumption of paternity. The Kansas Parentage Act permits retroactive awards of support normally prohibited in divorce cases.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
The statutory presumption of paternity may only be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man or by weighing two conflicting presumptions and deciding which presumption will control based upon the weightier consideration of policy, logic, and the best interests of the child.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
Any agreement between an alleged or presumed father and the mother of the child does not bar an action by the child under the Kansas Parentage Act.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
In entering an original order for support of a child under this section, the court may award an additional judgment to reimburse the expenses of support and education of the child from the date of birth to the date the order is entered.
Read MoreTurner v. Rogers (Federal, US Supreme Court, 2011)
The state does not necessarily need to provide counsel to an unrepresented non-custodial parent if the state has procedural safeguards in place. Those safeguards include (1) notice to the defendant that his ability to pay is a critical issue in the contempt proceeding; (2) the use of a form or the equivalent to elicit relevant…
Read MoreSwaney v. State of Wyoming (Wyoming 2011)
The district court cannot credit Social Security Disability benefits paid to dependent children against child support arrears owed prior to the time the obligor was determined to be disabled.
Read MoreIn re Adoption of RMS (Wyoming 2011)
The district court did not abuse its discretion by concluding there was clear and convincing evidence that mother willfully failed to support her child.
Read MoreGrenz v. State, Dept. of Family Services, Child Support Enforcement (Wyoming 2011)
A father cannot recover overpayments or have them applied to his future support obligations.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
If a payment is in excess of the arrearage, the excess benefit accrues to the child as a gift and may not be credited to any arrearage that accumulated prior to the months covered by the lump-sum payment.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
Lump-sum social security disability benefits received by mother on behalf of her minor children because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payment.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
Lump-sum social security disability benefits received by mother on behalf of her minor children because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payment.
Read MoreIn re Marriage of Taber (Kansas 2012)
Gratuitous contributions from governmental agencies cannot be used to reduce or diminish a parent’s obligation to furnish child support.
Read MoreIn re Marriage of Taber (Kansas 2012)
Lump-sum Social Security disability insurance payments for back benefits received by mother on behalf of her minor child because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payments.
Read MoreIn re Marriage of Taber (Kansas 2012)
Lump-sum Social Security disability insurance payments for back benefits received by mother on behalf of her minor child because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payments.
Read MoreIn re Marriage of Brown (Kansas 2012)
A district court’s authority to discharge or vacate child support that is due under an interlocutory order, other than an ex parte order, is limited.
Read MoreIn re Marriage of Brown (Kansas 2012)
If a motion for modification has not been filed, any court-ordered modification operates prospectively only, and the district court is not authorized to vacate or discharge past-due child support.
Read MoreIn re Adoption of AMP (Wyoming 2010)
A district court has the authority to determine the credibility of witnesses and willfulness not to pay support based on the specific facts of each case.
Read MoreWalker v. Walker (Wyoming 2013)
District courts have both inherent and statutory authority to enforce their orders through contempt sanctions.
Read MoreIn re Stephenson and Papineau (Kansas 2013)
An obligor parent is not entitled to reimbursement for timely child support payments made during months for which the minor children ultimately receive a retroactive lump-sum payment of the obligor parent’s Social Security disability benefits.
Read MoreMaley v. State of Kansas (Kansas 2013)
A grievance based on the garnishment of social security disability benefits by the Kansas Child Support Collection Division is meritless.
Read MoreFrazier v. Goudschaal (Kansas 2013)
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship.
Read MoreFrazier v. Goudschaal (Kansas 2013)
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. A woman claiming to be a presumptive mother of a child is an interested party under the Kansas Parentage Act.
Read MoreDep’t of Family Servs. v. Currier (Wyoming 2013)
The Fourteenth Amendment’s guarantee of due process did not require the State of Wyoming to provide an indigent party with counsel in a civil contempt proceeding for nonpayment of child support, because Wyoming had sufficient substitute procedural safeguards to protect indigent obligors against the possibility of wrongful incarceration.
Read MoreBagley v. Bagley (Wyoming 2013)
Wyoming law allows for the consideration of income available to child (supplemental security income) to be considered in determining child support. Based on the needs of a child and the income available to the child, a downward deviation may be appropriate.
Read MoreIn re Marriage of Thomas (Kansas 2014)
Because an adoption subsidy is meant to supplement an adoptive parent’s income for the benefit of a special needs child, the adoption subsidy is in no sense attributable to the income of adoptive parent for the purposes of calculating child support.
Read MoreGreer v. Greer (Kansas 2014)
Presumptions of paternity may arise in favor of different men. When the court is faced with two conflicting presumptions of paternity, it is required to conduct a hearing to determine which presumption “is founded on the weightier considerations of policy and logic, including the best interests of the child” before it determines the child’s legal…
Read MoreGreer v. Greer (Kansas 2014)
A hearing to determine the best interests of the child, including physical, mental, and emotional needs (Ross Hearing), is required when (1) there is not a genetic test resulting in a presumption of paternity performed prior to the filing of the paternity action, or (2) a genetic test was completed prior to the filing of…
Read MoreAckerman v. Ott (Wyoming 2014)
When deciding if a business deduction should be considered in determining the net income of a self-employed business owner under the Wyoming Child Support Guidelines, the court should focus upon the reasonable and legitimate nature of the expense and its impact on the party’s actual cash flow in the year in question rather than the…
Read More