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

State ex rel. Gray v. Daugherty (Tennessee 2020)

November 2020

A motion to alter or amend a judgment must be supported with evidence at trial. The State filed a motion for relief from an arrears judgment alleging that the father had been given credit for a payment made to the mother by an NCP on a different case. At the hearing, the State argued in support of its motion but didn’t put on any evidence. The trial court granted the State’s motion and amended the judgement amount. The father appealed arguing that the State failed to prove its motion.

Sekik v. Abdelnabi (Tennessee 2020)

November 2020

When evidence supports the determination of a parent’s income, it will not be overturned as an abuse of discretion.  In this divorce case, the trial court initially set support in a temporary parenting plan entered in 2012. At the time, the parents had four minor children. In the final decree, entered in 2019, the trial court set support for the two youngest children. The father appealed the child support order as well as other terms. Specific to child support, he argued that the court had no evidence of either party’s earning capacity, and should have imputed the minimum income specified in the guidelines to both parents. The appellate court upheld the child support order.

Gandara-Moore v. Moore (Nebraska 2020)

November 2020

A court may use a parent’s earning capacity instead of actual income to determine child support when a parent voluntarily leaves a job. The parents filed for divorce. The trial court used mother’s earning capacity to calculate support instead of her actual income. Her actual income source was unemployment benefits. The mother appealed the child support calculation as well as other provisions of the final decree.

In re MF (Kansas 2020)

November 2020

A same-sex partner, who didn’t give birth to a child, can be recognized as a parent using K.S.A. 2019 Supp. 23-2208(a)(4) when the child’s birth parent consented to shared parenting at the time of the child’s birth. This case came before the Supreme Court on appeal from lower court decisions denying a same-sex partner parentage rights because there was no enforceable oral parenting contract between the partners. The Supreme Court reversed the lower courts.

Benjamin M. v. Jeri S. (Nebraska 2020)

November 2020

An unrescinded and unchallenged acknowledgement of paternity is a legal finding of parentage. The parents had two children, and the father has signed an acknowledgement of paternity immediately following the birth of both children. Years later, the father filed to establish paternity, custody, support, and parenting time. He subsequently amended the complaint to take out his plea for paternity. The amended complaint explained that paternity was not at issue. He had signed acknowledgements for both children. The mother moved to dismiss, arguing that his filing was outside the statute of limitations to establish paternity.

In re W.L. and G.L. (Kansas 2020)

November 2020

The unmarried partner of a same sex couple can be recognized as a legal parent under K.S.A. 2019 Supp. 23-2208(a)(4) presumption of maternity. The appellant filed to establish parentage of the twins born to her same-sex partner. The district court denied the petition, which the court of appeals upheld. The Supreme Court reversed. An unmarried partner only needs to establish that she notoriously held out a child in order to meet the requirements of a presumption of paternity under in K.S.A. 2019 Supp. 23-2208(a)(4).

Employment Effects of the Earned Income Tax Credit: Taking the Long View

October 2020

The Earned Income Tax Credit (EITC) is tax credit meant to lift families out of poverty. It provides a tax credit to workers based on earnings and household size. Since its inception in 1975, it has been expanded five times. This paper examines each individual expansion in depth and studies the expansions as a group to determine the effect of the EITC on labor supply.

Sommer v. Sommer (Nebraska 2020)

October 2020

Child support payments should be set according to the guidelines. A deviation is appropriate if application of the guidelines is unjust or inappropriate. In this modification action, the mother appealed the court’s order requiring her to pay child support. She argued husband’s trial testimony showed he agreed to a downward deviation so that she wouldn’t have to pay support. The appellate court affirmed the child support award.

Bilderback-Vess v. Vess (Nebraska 2020)

October 2020

A finding of contempt in a child support case requires willful disobedience, which is a factual determination. It must be impossible for a parent to pay support. The district court found the father in contempt for failure to child support and alimony. The father’s business failed, and he stopped making support payments. A portion of the support was paid through his military retirement. The father appealed arguing that he did not have assets sufficient to cover his child support and alimony.

State v. Sands (Kansas 2020)

October 2020

A motion to set aside a default judgment of paternity must be filed within a reasonable time. In 2014, a default paternity order established the father’s support obligation. He notified the district court of his intent to have the order set aside but never filed anything. He paid a small amount of support before he died in 2017. His Estate filed a motion to set aside the paternity judgment. The district court denied the motion finding that it wasn’t filed in a reasonable amount of time.

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