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

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 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).

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.

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.

In re Marriage of Gronlie (Kansas 2020)

October 2020

Orders modifying child support are retroactive to the first day of the month following the filing of the motion to modify. The terms of the parents’ divorce decree set support for two children at a base amount and ordered the father to pay an additional percentage of his income if he earned more than $400,000. The older child emancipated and a new income withholding order was issued for half the base support amount. The father continued to pay the additional percentage of his income. The mother filed to modify support. The trial court recalculated support and set the effective date as the month following the filing of the petition.

In re Lask (Kansas 2020)

October 2020

The terms of the order will control what is considered an uninsured medical expense. These parents were operating under the terms of a modified divorce decree which divided uninsured medical expenses proportionately between them. The father, who earned significantly more, paid the bigger share. A child incurred significant bills due to stays in treatment. The mother filed for contempt alleging that the father had failed to pay his portion of uninsured medical expenses.

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