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

Guthard v. Guthard (Nebraska 2020)

April 2020

Determining income for child support for a parent who is a shareholder in a corporation is a fact specific determination. The mother filed to modify child support alleging that the father’s income had increased substantially. The father was a 50 percent shareholder in an S corporation. The mother argued the Father’s child support income should include his salary, the earnings retained by the corporation, distributions meant to cover taxes, and rental income from another business. The trial court denied the modification, and the mother appealed.

In re Shockman (Kansas 2020)

April 2020

The trial court has the authority to manage legal proceedings, which can include delegation of child support matter to a court trustee. The father filed to modify the custody and support provisions of a divorce decree. The scheduling order indicated that the child support would be referred to the court trustee. The trial court heard the proceeding and at the close stated it had adequate information to determine child support. The trial court issued an order modifying support downward and entering a judgement for arrears.

Frost v. Monahan (Nebraska 2020)

April 2020

Nebraska statute provides for an abatement of child support during extended visitation but the trial court has discretion over its application. The mother and father had a child and shared parenting time under a Stipulated Agreement. The father filed to modify custody, and the mother counterclaimed, requesting permission to move out of state. The trial court found a change in circumstances and granted the father legal custody and physical custody during the school year. The mother was awarded visitation every other weekend, during school breaks, and during the summer. The mother appealed the order on several grounds including the trial court’s denial of her request to abate child support during summer visitation.

Access and Visitation Program Update FY 2018

March 2020

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provided funding for the Access and Visitation program in 54 states and territories. Any program under this grant is intended to promote safe visitation between children and their parents. This report summarizes the key takeaways provided by the grant recipients for FY 2018 in the following areas: program participation, participant groups, program activity, referral sources, marital status of participants, participants’ annual income, race and ethnicity, number of noncustodial parents who reported increased parenting time. 

Using Principles of Procedural Justice to Engage Disconnected Parents

March 2020

Engaging parents with the child support program is hard. The federal Office of Child Support Enforcement funded the Procedural Justice-Informed Alternatives to Contempt (PJAC) grant to explore ways to integrate procedural justice principles into child support enforcement. This brief explores ways that the principles were used to improve parent engagement with the program. There are five main elements of procedural justice: respect, understanding, voice, neutrality, and helpfulness. To increase engagement, the grant recipients applied these principles to the various ways they communicate with parents.

Pumroy v. Sisco (Mississippi 2020)

March 2020

A child’s emancipation is grounds for modification of a child support order. The mother and father, who had three children, divorced. The father was ordered to pay support for the three children. The father was ordered to pay support for their three children. This order was subsequently modified, and the child support provision stated that the child support would continue until such time as the children were emancipated. Several years later, the Department of Human Services filed a petition to modify support citing the oldest child’s emancipation as the substantial change. The mother opposed the petition.

Edwards v. Edwards (Wyoming)

March 2020

A trial court has wide discretion to determine a parent’s status as voluntarily underemployed. Absent an abuse of discretion, the decision won’t be overturned on appeal. The parents filed for divorce. They had four children. During their marriage, they owned a lawn care business. After their separation, the father closed the business and took a lower paying data entry job. He testified to the facts around his decision to close the business including difficult hours which would prevent him from seeing the children. The court calculated support based on his current income. The mother appealed, arguing the father was voluntarily underemployed.

Wright v. Wright (Tennessee 2020)

March 2020

When imputing income to parents, the court can consider factors including education and the reason for any change in employment. The parents filed for divorce. They had one child. The father had a history of high paying jobs, but was working as a part-time consultant at the time of the trial. The court imputed an income of $144,000 per year to him. This amount was less than his highest paying job but more than his actual income. The mother, a licensed attorney, had never practiced in Tennessee, but testified she could probably find a job that paid $50,000. The court imputed her at $2,000 per month. The father appealed the imputation of income as well as other findings.

Wilder v. Wilder (Tennessee 2020)

March 2020

An order that doesn’t adjudicate all of the issues before the court is not final and not ready for appeal. The parents in this case filed competing petitions to modify child support for their three children. The father, the payor, requested a downward modification, arguing his income had decreased. The mother requested an upward modification and asked that support continue beyond the age of majority for the older two children, both of whom the mother alleged were disabled. The trial court entered an order finding the older two children disabled and continuing support beyond the age of their majority. The father appealed.

Cain-Swope v. Swope (Tennessee 2020)

February 2020

A parent can request a discretion from the child support obligation for extraordinary educational expenses. The parents divorced, and the mother was ordered to pay support. The parents engaged on ongoing litigation. Specific to this appeal, the mother filed to modify support, requesting a deviation from support since she paid for the child’s private school tuition. The trial court denied the deviation, finding that the parents made an agreement that the mother would pay tuition. The mother appealed.