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

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.

Hill v. Hill (Tennessee 2021)

October 2021

The trial court must follow the required procedure when modifying a child support order. The parents appeared before the court on post-divorce motions. The two children were emancipated at the time of the hearing. Child support was at issue. In an earlier hearing, the father had received custody of the son, and the court hadn’t ordered support. At issue was the father’s income. The father received an inheritance and used the money to pay for the children’s private school tuition. The trial court recognized the inheritance was income to the father but in the final order, the trial court found it would be unjust to count the inheritance as income since the father used it to pay for tuition. The trial court calculated support and entered a judgement in favor of the father for back support.

Child Support and Reentry

September 2021

Incarceration and the build-up of child support arrears are clearly linked. Incarceration of a paying parent causes child support arrears to increase and a high amount of child support arrears leads to incarceration. This article addresses ways in which the criminal justice system and child support should work together to ensure a successful reentry into society for parents. Reentering parents face challenges from institutional obstacles and state policies.

Integrating Procedural Justice Principles into Child Support Case Management

September 2021

The Procedural Justice-Informed Alternatives to Contempt Demonstration (PJAC) grant studied the effect of applying the principles of procedural justice to child support cases in which a non-paying parents qualified for a contempt action. This brief sets out information gained from the grant case managers about their experience working with the parents. Implementation of this model required a rethinking of the provision of child support services. The case managers had a smaller caseload, but the services were intensive.

Who is Not Paying Child Support?

September 2021

The reasons behind noncompliance with a child support order are many and varied. This report updates existing research on the reasons for nonpayment of current support using a data sample drawn from 21 counties in Wisconsin. The report considers how changes in the order amount, employment status, and incarceration negatively affect a parent’s ability to pay support.

Tigart v. Tigart (Tennessee 2021)

September 2021

A child support order can be modified when there is a significant variance, which means at least a fifteen percent difference in the current support obligation and the proposed support amount. In the original parenting plan, the parents agreed to an upward deviation in child support so the children could enjoy the same lifestyle. The mother filed to modify the parenting plan and for contempt. The father answered and filed a motion to set aside the divorce decree. The trial court denied the father’s motion to set aside but reduced support based on the father’s new amount of parenting time and his additional child. The mother filed a motion to alter or amend the judgment arguing there was no substantial variance in support.

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