Resources
Child Support Resource Library
Welcome to the YoungWilliams Child Support Resource Library. Search by keywords or use the filters 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.
Dennis v. Dennis (Mississippi 2017)
A person who voluntarily agrees to pay support may be held to that obligation under a quasicontractual theory. In this case, the great-grandparents were the custodians of a child. The great-grandparents subsequently divorced and in the settlement agreement, the step great-grandfather, who had no biological connection to the child, agreed to pay child support. Several years later, he petitioned the court to stop the obligation as the child would no longer see him, and he had no statutory obligation to pay support. The trial court denied his petition, finding that he voluntarily agreed to pay support as part of a settlement agreement. The appellate court upheld the denial finding that the step great-grandfather received a bargained for exchange, a divorce in exchange for the agreement to pay support. The appellate court further found the child’s refusal to see him was not extreme conduct that would justify terminating the support.
Thompson v. Gerlach (North Carolina 2017)
In order to find a parent in contempt for failure to pay support, the court must find evidence of their ability to pay and willful failure to do so. Also, the order must contain specific purge conditions and date. In this case, the trial court found the father in contempt for failure to pay support and ordered father to make a monthly payment towards the child support arrears until the arrears were paid in full. The father appealed, arguing that he had no ability to pay. The appellate court found sufficient evidence of ability to pay in the record including his financial affidavit, expenses on his bank statement that were not for the benefit of the children, and numerous ATM withdrawals. The order required a monthly arrears payment, which the appellate court found a sufficiently specific purge condition. The appellate court found that while the order did not give a specific purge date, it was clear the contempt would be purged once the arrearage was satisfied.
In re Conner F. (Tennessee 2017)
When determining income for child support, the court can consider a parent’s lifestyle if the lifestyle is inconsistent with the amount of income the parent claims. The father appealed the lower court’s income determination. The record showed that he represents his income inconsistently. He made claims of a high yearly income, but provided documents that showed a very low monthly income. He owned horses and livestock. He traveled extensively for business and spared no expenses during his travels. The appellate court found the lower court considered all the evidence and appropriately set his monthly income at $5,000. The appellate court also upheld the lower court’s decision not to deviate from presumptive support for travel expenses. The appellate court found the difference in the parties incomes and job obligations made a deviation inappropriate.
Kann v. Kann (Colorado 2017)
Child support and spousal support arrears accrue in two ways, the unpaid principal amount and interest. In cases for collection of spousal support arrears, the defense of laches may apply regardless of the source of the arrears; however, the court reaffirmed its earlier decision in In re Marriage of Johnson, 2016 CO 67 (2016), that laches applies to interest but not principal in child support cases. Policy reasons for allowing the collection of child support principal arrears include: the support is for the benefit of the child, it ensures the child maintains the standard of living he or she enjoyed while the parents were together, and the limited duration of child support.
Araujo v. Araujo (Nebraska 2017)
Distributions from a trust fund are income to a parent for purposes of child support. When determining income for child support, the court can consider a parent’s earning capacity as opposed to their actual earnings. The mother appealed this child support order and argued that trust distributions were not income. She also argued that the court set her income too high in that it was based on a 40 hour work week and she worked less. The appellate court upheld the order and found a court must consider all sources of income, including trust fund distributions. It also found no abuse of discretion in imputing 40 hours a week of work to the mother, who voluntarily worked less.
Plummer v. Plummer (Mississippi 2017)
When a parent’s income varies from year to year, the court must use its discretion in calculating the monthly income for child support. In this child support modification action, the Chancellor averaged the father’s high and low adjusted gross income to reach his income for child support. The appellate court found this appropriate. The Chancellor increased the support amount by $100 to account for a child with special needs. However, the Chancellor also ordered that if father has at least one weekend of visitation with the children, he can subtract $100 from the next month’s support. The appellate court upheld this provision, as well.
Erin W. v. Charissa W. (Nebraska 2017)
A court did not abuse its discretion in denying a motion for genetic testing in a divorce proceeding where the child was born during the marriage and the father had held out and supported the child as his own. Prior to their marriage, the mother told the father he might not be the child’s biological father. In spite of this, his name was on the child’s birth certificate, and the mother did nothing to challenge his paternity. Several years later, as part of the divorce proceeding, the mother filed a motion for genetic testing. The court denied the motion, finding that the father had acknowledged paternity, held the child out as his own, and objected to the motion. The appellate court upheld the order, finding that no statute or discovery rule supported the motion and that the mother failed to rebut the presumption with any convincing evidence. Her testimony did not qualify as competent evidence.
The Servicemembers Civil Relief Act (SCRA): An Explanation
Congress has long recognized the need for protective legislation for servicemembers whose service to the nation compromises their ability to meet obligations and protect their legal interests. This report discusses the history and provisions of The Soldiers’ and Sailors’ Civil Relief Act which provides civil protections and rights to individuals based on their service in the U.S. armed forces.
Nonmarital Births: An Overview
This report by the Congressional Research Service analyzes the trends in nonmarital childbearing, discusses some of the characteristics of unwed mothers, addresses some issues involving the fathers of children born outside of marriage, and offers some concluding remarks. It also contains a brief discussion of paternity establishment within the IV-D program, and its positive impact on children and families.
Fatherhood Initiatives: Connecting Fathers to Their Children
The federal government’s support of fatherhood initiatives raises a wide array of issues. This report briefly examines the role of the CSE agency in fatherhood programs, discusses initiatives to promote and support father-child interaction outside the parents’ relationship, and talks about the need most see for work-oriented programs that enable noncustodial parents to have the financial ability to meet their child support obligations in a consistent and timely manner.
