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.
Bajestani v. Bajestani (Tennessee 2017)
A parent, with a college degree and other qualifications, is considered voluntarily unemployed if the parent is not actively seeking work and income can be imputed to calculate the child support obligation. The mother in this case had a bachelor’s degree in civil engineering and spoke three languages, and the court found she was not diligently seeking a position. It was also appropriate to deny her credit for work-related day care expenses when she was not actually working.
The Safety Net that Works—Improving Federal Programs for Low Income Americans
This document is a compilation of essays, ideas, and policy recommendations authored by individuals with expertise in various federal anti-poverty programs. The author of one of the essays, Empowering Child Support Enforcement to Reduce Poverty, is Robert Doar, Resident Fellow and Morgridge Fellow in Poverty Studiesand former IV-D Director of the New York State Child Support Program. In this article, Doar stresses the importance of the child support enforcement program and the opportunities it offers with respect to formulation of new policies. Companion articles focus on the Earned Income Tax Program, Temporary Assistance to Needy Families, Supplemental Nutrition Assistance Program, Medicaid, Housing, Supplemental Security Income Disabled Children Program, Child Welfare, Child Care, Women, Infants, and Children, Homelessness, and Early Learning.
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Howell v. Smithwick (Tennessee 2017)
Income withholding is mandatory in child support cases unless the court specifically finds good cause or approves an agreement between the parents for an alternative payment arrangement. In this case, the modified child support order did not provide for income withholding, and the mother appealed. The appellate court found the modified order lacked either requirement that would exempt the father from income withholding. The court remanded the case for additional proceedings.
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Davis v. Davis (Mississippi 2017)
A parent who requests a modification of a support order must show a substantial change of the circumstances that existed at the time of the court order. The change must be unforeseen and happen after entry of the order. In this case, the father was convicted of a felony after the order was entered. Finding work was difficult for him due to the conviction, and the chancellor found this change justified a modification.
Expenditures on Children by Families 2015
Since 1960, the U.S. Department of Agriculture (USDA) has provided estimates of annual expenditures on children from birth through age 17. This technical report presents the 2015 estimates for married-couple and single-parent families. Results are shown in tables 1-7 at the end of this report. Expenditures are provided by age of children, household income level, major budgetary component (housing, food, etc.), and region (for married-couple families). Results of this study may be of use in developing state child support and foster care guidelines, as well as public health and family-centered educational programs.
Fuller v. Fuller (Tennessee 2016)
Child support income for a self-employed parent should not include reasonable and ordinary business expenses or the value of any asset distributed as marital property. In this case, the father was a self-employed financial planner. The trial court failed to subtract the amount of business expenses from his gross income. The trial court also included his “trail income,” which had been divided as a marital asset. Trail income is money received from the ongoing management of financial assets. The guidelines specify that income the asset may generate after the division can be considered in the income calculation.
The Story Behind the Numbers: Focused on Performance
This paper describes the dramatic improvements in performance that the child support program has made since the enactment of its federally mandated performance system in 1998. The growth in child support collections is reviewed, highlighting three factors that influence collections: (1) program investments; (2) employment and earnings of parents who owe child support; and (3) caseload size. The sources of child support collections and how they have changed over time are also discussed.
The Limited Reach of the Child Support Enforcement System
This report examines the declining caseload in the national child support enforcement program in comparison to the population of child support-eligible families, which has remained unchanged over the past two decades. The report attributes most of the decline to the reduction in Temporary Assistance to Needy Families (TANF) cases, which shrinks the pipeline of mandatory referrals to the child support program, coupled with the real or apparent decline in earning capacities of low income, undereducated non-custodial parents. The author posits that recruitment to the child support program is hampered by a lack of awareness, ability, or willingness to engage with child support among those who could benefit but are not receiving TANF, and recommends policy approaches to compel needy families to cooperate with child support.
Peak v. Peak (Wyoming 2016)
If a parent fails to file a financial affidavit, the Court can calculate income for child support using the testimony and evidence presented at hearing. In this case, the father failed to answer the divorce complaint and was defaulted. He was provided notice of the default hearing, but he failed to appear and did not file a financial affidavit. The father was self-employed. The court calculated his income for child support after hearing testimony and reviewing evidence that included his pay stubs, financial statements, a business tax return, and a personal tax return. Using this evidence to support the income determination complies with the statutory provision that requires a financial affidavit be filed or the court hold a hearing and receive testimony.
Tyler F. v. Sara P. (Nebraska 2016)
An individual may not bring a paternity action as the next friend of a child if the child has a parent who is already acting in that role. The next friend is meant to be used when the child does not have a parent or guardian who can act on its behalf. In this case, the alleged father father did not have standing to file a paternity action as the next friend of a child.
