Scott v. Scott (Kansas 2021)
Incarceration is one factor to be considered when modifying a child support order. The father, who was incarcerated in the federal penitentiary, filed to modify his support prospectively and retroactively. He asked the court to calculate retroactive and prospective support based on actual income. The district court denied his motion. He appealed.
Read MoreIn re Ralph (Kansas 2021)
Due process requires a modification filing include all statutorily required documents. In 2017, the father filed to modify child support but failed to include the required domestic relations affidavit (DRA) or child support worksheet (CSW). In her answer, the mother noted the missing documents. Father took no further action until 2019 when he filed again, this time including the DRA and child support worksheet. He requested support be modified retroactive to the date of the 2017 filing. He argued equity demanded he be given credit for child support. The trial court modified support prospectively but denied his request for retroactive support. The father appealed.
Read MoreGreer v. Greer (Mississippi 2021)
A parent who fails to pursue a paternity challenge will not be provided with post-trial relief. The mother became pregnant while separated from the father. The parents reconciled and the baby was given the father’s last name. When the parents filed for divorce, the father requested genetic testing for the younger child. His request was granted, and he was ordered to schedule and pay for the testing, which he failed to do. He also didn’t appear at the divorce hearing. In the final decree, he was ordered to pay support for the parties two children. The father appealed arguing the court should have determined paternity for the younger child before granting the divorce.
Read MoreHalterman v. Halterman (North Carolina 2021)
A foreign support order must be properly registered under the Uniform Interstate Family Support Act (UIFSA) for a court to have subject matter jurisdiction for enforcement and modification. The mother, a resident of North Carolina, filed to register three Florida custody and support orders. The father, a resident of Virginia, filed to dismiss for a lack of subject matter jurisdiction and failure to comply with UIFSA. The trial court granted the motion and the mother appealed.
Read MoreBruce v. Bruce (Wyoming 2021)
The trial court’s child support order will not be disturbed absent an abuse of discretion. The parents divorced. The final decree ordered the father pay child support for the child and half of the travel expenses. The father appealed the order arguing the court should have attributed a higher income to the mother, erred in awarding retroactive support and in denying a deviation for travel expenses.
Read MoreState ex rel. Moody v. Roker (Tennessee 2021)
A ruling in a final order must be supported by findings of fact and conclusions of law. The mother, a Georgia resident, used the child support program to establish paternity and support pursuant to the Uniform Interstate Family Support Act. The father was incarcerated in Tennessee. The father filed numerous pretrial motions. Significant to this appeal, he filed a motion to participate in the hearing and for transportation. The trial court held a hearing, which was attended by the child support attorney.
Read MoreLillard v. Lillard (Tennessee 2021)
Child support can continue for beyond the age of 21 for children who are severely disabled; living under parental supervision, which is in the child’s best interests; and the obligor has the financial ability to pay support. The mother petitioned the court to modify child support and declare the child severely disabled. At hearing, the mother testified as to the daughter’s IQ, diagnosis, and her inability to live independently. The daughter hadn’t been able to hold a job, relied on the mother for transportation, and couldn’t manage money. She feared other people and couldn’t remember to perform basic personal care. The father cited her graduation from high school, ability to perform basic household tasks, and competition of a certificate program as reasons to stop support. The district court granted the mother’s motion and set support.
Read MoreJulie C.W. v. Frank Mitchell W. Jr. (Tennessee 2021)
The trial court has discretion over deviations from presumptive child support. In this divorce proceeding, there was a large income disparity. The father was an extremely high earner. The mother requested an upward deviation in child support. The final decree set support at the presumptive amount and ordered the mother to pay 10 percent of the uncovered medical. The decree acknowledged the father’s agreement to pay for the children’s private school tuition and up to $600 per month for extracurricular activities. The mother appealed.
Read MoreMercer v. Chiarella (Tennessee 2021)
The court of appeals will not consider issues of first impression on appeal. The divorce decree ordered the father pay child support. He filed to modify based on a decrease in his income. The father’s main source of income was interest on loans he made to other people. As the principal balance of the loans decreased, so did the amount of interest the father received. The court entered an order modifying support down based on his 2019 income.
Read MoreBrown v. Brown (Wyoming 2021)
Unless an order contains the required findings, a child support order is assumed to be presumptive support and only requires a change in amount for modification. The original divorce decree ordered the father to pay support. He later filed to modify the divorce decree. The final order modified support based on an increase in the support amount sufficient to meet the required twenty percent change. The father appealed.
Read MoreKelly v. Kelly (Nebraska 2021)
Child support orders set under the guidelines are presumably correct. The divorce decree in this case ordered the father to pay child support. The amount included an upward deviation to account for the father’s share of expenses. The father was also ordered to provide health insurance. In 2018, The father lost his job, and the mother began providing health insurance. The mother filed to modify custody and support and the father counterclaimed. In the order for modification, specific to support, the trial court used the father’s proposed calculation to set support, which used the mother’s 2018 income rather than her current, actual income. The order discontinued the deviation and set out a detailed expense sharing plan. The trial court declined to give the mother retroactive credit for her provision of health insurance. The mother appealed.
Read MoreSears v. Sears (Wyoming 2021)
An award of retroactive support is subject to the court’s discretion. The parents filed for divorce, and the district court didn’t order child support during the pending action. The parents agreed to a custody arrangement during the pendency of the action. In the order accepting the arrangement, the court didn’t order support and noted the parents were sharing custody and splitting uncovered medical expenses. The father was also paying the children’s health insurance. The final divorce decree ordered the father to pay support going forward but didn’t award retroactive support. The mother appealed.
Read MoreBaker v. Baker (Tennessee 2021)
The definition of income for child support doesn’t include alimony paid to a party in the proceeding. Military retired pay is marital property, subject to property distribution and is not income for child support. The parents in this case, who had two children, divorced. The father was active military but had plans to retire. In the final decree, the district court ordered the father to pay alimony until his retirement, at which time the mother would receive her share of the father’ s military retirement directly. The district court didn’t credit the father for either of these payments as part of his income for child support. The father appealed the final divorce decree arguing that the trial court should have credited him for the alimony, the retirement benefits, and health insurance premium.
Read MoreMahlendorf v. Mahlendorf (Nebraska 2021)
A consent judgement is not subject to appellate review. The original divorce decree had been modified several times to reflect various changes. The first modification allowed the mother to move from Nebraska. The father was awarded a deviation in support to account for his travel costs to see the children in Tennessee. The parents modified the order a second time and carried the deviation for travel expenses forward. The mother filed to modify the decree a third time. The mother requested an increase in support due to higher incomes and the deviation be eliminated. After a day at trial, the parents asked the court to weigh in on the presented evidence.
Read MoreYeutter v. Barber (Nebraska 2021)
Incarceration doesn’t completely relieve a parent from paying child support. The parents had one child and under their paternity decree, the father didn’t pay support. The father filed to modify custody, and the mother crossclaimed for a modification of custody and child support. By the time of the trial, the father was incarcerated. The trial court granted the mother’s request for current and retroactive support. The father appealed the final order.
Read MoreIn re Estate of Yudkin (Colorado 2021)
A common law marriage may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct that supports this agreement. All the circumstances must be considered to find the agreement. In this probate case, the husband died intestate. His ex-wife petitioned to be the personal representative of his estate. His “wife” sought removal of the ex-wife and appointment as the personal representative as his common law wife. The district court found no marriage existed under the test in place, and the common law wife appealed.
Read MoreIn re Marriage of LaFleur and Pyfer (Colorado 2021)
The recognition of the right for same-sex couples to marry in Colorado didn’t preclude couples from entering into common law marriages prior to that date. In 2003, Pyfer and LaFleur, a same-sex couple, exchanged rings and held a ceremony acknowledging their commitment. In 2018, Pyfer filed for dissolution of marriage. LaFleur argued they were not married as same-sex marriage wasn’t recognized in Colorado until 2014. Evidence showed that Pyfer had proposed to LaFleur and the men held a ceremony. Pyfer held himself out as married and listed LaFleur as his spouse on legal documents. Based on this evidence, the district court found the parties entered into a common law marriage and divided their assets accordingly. Pyfer appealed the property division, and LaFleur appealed the determination of a valid marriage.
Read MoreIn re Marriage of Hogsett and Neale (Colorado 2021)
A common law marriage may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct that supports this agreement. The court must consider all relevant factors to determine if the parties had an agreement. The same-sex parties in this case were in a relationship from November 2011 to November 2014. They never married even after that became an option in October 2014. The parties separated and filed a petition for dissolution of marriage. They mediated their issues and dismissed the petition without the need for a determination as to their marital status. Later, Hogsett sought retirement assets and maintenance. Neale objected, arguing the parties were not married. Hogsett filed a second petition for dissolution stating that the parties were married at common law.
Read MoreBishop v. Bishop (North Carolina 2020)
A child’s reasonable needs are based upon the ability of the parents to provide. Trial courts have wide discretion when determining needs and can consider the parent’s lifestyle and standard of living. The mother filed to modify the divorce decree based on the father’s increased income. His income came from many sources: base salary, bonuses, and stock. The final order increased support and adjusted the percentages for unreimbursed medical expenses. The father appealed.
Read MoreIn re the Parental Responsibilities Concerning M.E.R. and D.E.R.-L (Colorado 2020)
The Uniformed Services Former Spouses’ Protection Act (USFSPA) does not prohibit the inclusion of a parent’s veteran’s disability benefits as income for child support. The father filed a proceeding to allocate parental responsibilities for his two children. With respect to child support, the father’s income consisted of military retirement and veteran’s benefits. The trial court included both sources in the father’s gross income and set child support. The father appealed, arguing the veteran’s benefits shouldn’t haven’t been included in his income because the veteran’s disability benefits are not insurance benefits, aren’t taxable, and federal law prohibits the inclusion.
Read MoreBaxter v. Rowan (Tennessee 2020)
A valid paternity acknowledgement is the equivalent of a paternity order and grants a parent standing to sue for visitation. The father signed a paternity acknowledgement and several years later filed for visitation. The trial court granted the visitation. The mother appealed the final order for several reasons. Relevant to child support, she argued the father didn’t have standing to sue for visitation because the paternity acknowledgement was not a final parentage order.
Read MoreAngel v. Sandoval (North Carolina 2020)
If a parent is voluntarily underemployed, a court can use the parent’s earning capacity as income for child support. The mother filed to modify child support based on the father’s increase in income. The mother was not working, and the court set her income at zero. The final order substantially increased the father’s support. The father appealed, arguing that the trial court failed to impute income to the mother at her earning capacity rather than her actual income.
Read MoreSanchez v. Sanchez (Nebraska 2020)
If a parent earns or reasonably expects to earn overtime, the overtime income should be included in the parent’s income for child support. If the income is speculative, then it can be excluded. The mother, who paid support, filed to modify the parenting time and child support terms of the divorce decree due to a change in her work schedule. The mother worked as a corrections officer and earned significant overtime. According to mother, some overtime was mandatory, due to staffing shortages, and other overtime was voluntary. Both parents submitted proposed child support worksheets. The father’s calculation included the overtime income. The mother’s didn’t. The district court adopted the father’s worksheet and increased child support.
Read MoreState of Tennessee ex rel. Kimberly C. v. Gordon S. (Tennessee 2020)
A voluntary acknowledgement of paternity (VAP) is a legal finding of paternity but can be set aside for material mistake of fact. The burden of proof is on the parent challenging the VAP. The father signed a VAP knowing that he was not the child’s biological parent. The parents broke up, and the State filed to establish support. The father filed to dismiss the petition, arguing that there was a material mistake of fact and he requested genetic testing. The juvenile court denied the request for genetic testing, declined to set aside the VAP, and ordered support. The father appealed.
Read MoreIn re Humphries (Kansas 2020)
The requirement that a parent pay unreimbursed medical expenses is not self-executing. A court must order it. In the initial order, the father was ordered to pay half of the child’s unreimbursed medical expenses. In post-divorce litigation, a judgment was entered against the father for these expenses. The father appealed the order arguing the imposition of the judgment violated his due process rights.
Read MoreGandara-Moore v. Moore (Nebraska 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.
Read MoreKelly v. Kelly (Nebraska 2020)
Parents may be responsible for reasonable and necessary expenses on top of the monthly child support award. The final divorce decree ordered the father to pay monthly support and a percentage of the children’s private school tuition, extracurricular activities, and other miscellaneous expenses like school lunch and clothing. The father appealed.
Read MoreMarquis v. Marquis (Wyoming 2020)
Evidence must support a parent’s request to exclude business expenses from net income. The parent seeking to deduct the business expense has the burden of proof. The father filed to modify custody, visitation, and support, and the mother responded with a petition to modify support. The parents settled all matters except support. They agreed to…
Read MoreHenson v. Carosella (Nebraska 2020)
Child support should be based on parent’s current earnings. The father appealed the child support provision of the final divorce decree. He argued the court’s determination of his income ignored evidence of his actual earnings. The father, an apprentice steamfitter, was about to be qualified as a journeyman. He worked more than 40 hours per…
Read MoreState ex rel. Gray v. Daugherty (Tennessee 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…
Read MoreSekik v. Abdelnabi (Tennessee 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…
Read MoreBenjamin M. v. Jeri S. (Nebraska 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…
Read MoreIn re MF (Kansas 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…
Read MoreIn re W.L. and G.L. (Kansas 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…
Read MoreSommer v. Sommer (Nebraska 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…
Read MoreBilderback-Vess v. Vess (Nebraska 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…
Read MoreState v. Sands (Kansas 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…
Read MoreIn re Lask (Kansas 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…
Read MoreIn re Marriage of Gronlie (Kansas 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.…
Read MoreBaumann v. Baumann (Mississippi 2020)
A parent must plead for child support. This puts the other parent on notice of the support claim. In this case, the final divorce decree ordered the father to pay back child support starting January 2015. The father filed a motion for new trial or, alternatively to amend the judgment with respect to the back…
Read MoreIn re Marriage of Poggi (Kansas 2020)
A district court’s decision has the discretion to apply the extended income formula for child support and findings are not required. In this high-income case, there were three child support orders: temporary, final judgement, and in a post-trial memorandum order. In the final judgment, the district court calculated support using the extended income formula and…
Read MoreIn the Matter of the Paternity of AAE, TE v. Wy. Dep’t of Family Services (Wyoming 2020)
A nonparty has no standing to participate in an action. A court can’t deny a petition to establish paternity once a genetic test is completed and the results meet the statutory threshold. The Wyoming Department of Family Services (DFS) filed to terminate the parental rights of the mother, the child’s presumed father, and the child’s…
Read MoreKnipper v. Enfinger (Tennessee 2020)
When ordering retroactive support, a trial court can deviate from the presumptive support amount but must make the statutorily required findings to support the deviation. The mother appealed a trial court order that denied her request for support retroactive to the child’s birth. The appellate court reversed the trial court’s order and remanded for additional…
Read MoreState on behalf of Elijah K. v. Marceline K. (Nebraska 2020)
When a paternity action is brought by the state on behalf of a child, retroactive support can go back to the birth of the child. The right to retroactive support belongs to the child. The mother appealed an order of the district court setting current child support but denying her request for support retroactive to…
Read MoreWebb v. State of Wyoming (Wyoming 2020)
When a parent agrees to an amount of child support, the parent then has no grounds to later argue the order was unconstitutional. The father appealed an order of the district court denying his request to modify his $50 child support order. The initial divorce decree set the child support at the statutory minimum of…
Read MoreState v. Andreasen and Henley (Nebraska 2020)
A deviation in the amount of presumptive child support is allowed when applying the guidelines would be unjust or inappropriate. Any deviation must be in the child’s best interests. The mother appealed an order denying her request to move out of state with the child, granting physical custody to the child to father, and ordering…
Read MoreMadrigal v. Madrigal (Kansas 2020)
The decision to apply the extended income formula is discretionary. A district court entered an order increasing the father’s child support obligation and ordering sanctions against him for failing to disclose a material increase in his income. The district court applied the extended income formula to determine support. The father appealed arguing the order lacked…
Read MoreGriffin v. Griffin (Tennessee 2020)
The trial court’s determination of child support will be reviewed for an abuse of discretion. The father appealed a decree of divorce awarding primary custody of the children to the mother, dividing the marital estate, and calculating support. Specific to support, the father argued the trial court didn’t calculate each parent’s income correctly. The appellate…
Read MoreWerner v. Werner (Nebraska 2020)
To modify a support order, a parent must show a material change in circumstances that occurred after the entry of the latest order and that wasn’t contemplated upon entry of the order. The Nebraska order at issue in this case involved a split custody arrangement. The older child lived with the father, and the younger…
Read MoreHobbs v. Golden (Nebraska 2020)
Evidence must support the amount of income that a court attributes to a parent. The mother filed to modify custody and child support for one child. Specific to the child support issue, the father was a plumber. He testified that he earned an hourly wage or commissions, whichever was higher. A paystub entered into evidence…
Read MoreChalmers v. Burrough (Kansas 2020)
A parent must substantially comply with the requirements in the Uniform Interstate Family Support Act (UIFSA) to register an out-of-state order for enforcement and modification. The father filed to register and modify a Florida child support order in Kansas. The father didn’t attach a copy of the Florida order, which was required in the statute.…
Read MoreCadigan v. Sullivan (Mississippi 2020)
Parents will be held to their extra-judicial agreements regarding child support. A Florida divorce decree awarded physical custody of the child to the father and set the mother’s child support. Several years later, the parents made an extra-judicial agreement that they would share custody of the child and not exchange support. The parties moved to…
Read MoreIn Interest of EQ and JQ (Colorado 2020)
Only one court can set child support. The parents had two separate legal proceedings going on at the same time – one in juvenile court and a domestic relations proceeding. The juvenile court entered an order accepting the parents parenting responsibility agreement. Part of the stipulation was an agreement that child support would be addressed…
Read MoreToussaint v. King (North Carolina 2020)
In a civil contempt hearing, the trial court must find that the parent willfully failed to comply with the support order and has the present ability to pay any purge condition. The parents in this case had a long history of litigation over child support. In this appeal, the father appealed an order finding him…
Read MoreTyler F. v. Sara P. (Nebraska 2020)
A properly executed paternity acknowledgement conclusively established paternity and cannot be set aside without a showing of fraud, duress, or material mistake of fact. The Nebraska paternity statutes do not currently account for multiple legal parents for a child. This case is the latest appeal in an ongoing paternity action. On remand from Tyler F.…
Read MoreFoy v. Kite (North Carolina 2020)
In a child support case, if the record clearly supports the income calculation, an appellate court will not disturb the trial court’s determination. An order for retroactive child support must include findings as to the reasonableness of the expenses for which reimbursement is sought. The mother and father, who were not married, had one child.…
Read MoreIsrael v. Israel (North Carolina 2020)
Food stamps, or electronic food and nutrition benefits, are not income for child support purposes. The parents in this case divorced, and the father was ordered to pay support for their six children. The parents filed competing motions for contempt and to modify child support. The court modified support. The father appealed. He argued the…
Read MorePrice v. Biggs (North Carolina 2020)
In a civil contempt proceeding, the burden is on the moving party to prove contempt. The trial court must address each contempt element in the order. The mother filed a motion to modify child support. At the first hearing, the mother presented her evidence. At the close of her case, the trial court didn’t hear…
Read MoreIn re Easton (Tennessee 2020)
This appeal turns on the procedural differences between an action for dependency/neglect as opposed to an action for a paternity/visitation. The biological father of this child started this action by filing, pro se, a dependency/neglect petition in juvenile court, in which he clearly pled for custody of the child or alternatively, visitation without an obligation…
Read MoreOlander v. McPhillips (Nebraska 2020)
A hearing transcript is required when there is an evidentiary hearing. The mother and father, who were not married, had a child. A court order established paternity and addressed child support and visitation. The father filed to modify the paternity order. After several hearings, the trial court modified several provisions of the order, including reducing…
Read MoreState v. Ian K. (Nebraska 2020)
The state is not authorized to bring a paternity action for a child who is not born out-of-wedlock. The mother and husband were married and had a child. Genetic testing later proved the husband wasn’t the child’s biological father. The State filed a petition to establish paternity for the biological father and effectively disestablish the…
Read MoreVan Fleet v. Guyette (Wyoming 2020)
A parent can’t disregard a statutory requirement then complain about its outcome. This matter came before the court on a modification of custody. With respect to child support, the court ordered both parents to file a financial affidavit. The mother filed hers along with supporting information. The father didn’t, and the court found him in…
Read MorePeople in Interest of S.C.
The section of Colorado statute which adopted the Uniform Interstate Family Support Act (UIFSA) gives parties the right to testify by phone. The state of Missouri asked the state of Colorado to establish paternity with respect to the minor child. The father lived in Colorado. The mother had an outstanding warrant for her arrest in…
Read MoreIvory v. Albert (Mississippi 2020)
A child support obligation may be terminated due to a child’s clear and extreme actions. The father filed to end his support obligation to the child. He alleged the child would not see him and didn’t want a relationship with him. The trial court ended the support. The mother appealed. The appellate court reversed the…
Read MoreLasu v. Lasu (Nebraska 2020)
A documented travel expense may qualify as a deviation from presumptive child support if it is in the child’s best interests. In this divorce case, the court awarded the mother primary physical custody of the child. The mother lived Nebraska, and the father in California. The district court calculated support and deviated from presumptive support…
Read MoreIn re Guha (Kansas 2020)
The determination of a parent’s income from a subchapter S corporation is fact specific. The court will consider the company’s earnings history, ownership share, and the parent’s control over distribution and retention of the net profits. In this high-income case, the father’s business was organized as a S Corporation. In this modification action, the trial…
Read MoreIn re Goodpasture (Kansas 2020)
The trial court doesn’t necessarily lose jurisdiction to enforce a child support order when one parent moves from the state. The parents divorced, and the divorce decree ordered the father to pay support for their three children. The mother assigned her right to child support to the Kansas Department of Children and Families in 2018.…
Read MoreAbraham v. Abraham (Tennessee 2020)
A request for an upward deviation for extracurricular activities is discretionary. A parent must support the request with evidence of the expenses. This post-divorce action came before the court on several grounds. Specific to child support, the mother requested an upward deviation in child support for the children’s extracurricular activities. The trial court denied the…
Read MoreDixon v. Olmstead (Mississippi 2020)
Proof of a substantial change of circumstances isn’t required when a IV-D agency petitions for a modification under the three-year review statute. However, the record must contain evidence of the parent’s income. The father filed to terminate support and his parental rights to a minor child. The Mississippi Department of Human Services (MDHS) filed a…
Read MoreThompson v. Thompson (Nebraska 2020)
To receive credit for health insurance premiums, a parent must provide specific information as to the cost attributable to the child. The father filed to modify custody and support. After hearing, the district court modified child support based on the birth of the father’s first child but didn’t give credit for an unborn child. The…
Read MoreIn re Ray (Kansas 2020)
The right to appeal is statutory, and without a basis for the appeal, it will be dismissed for lack of jurisdiction. The mother and father filed for divorce. A temporary order set child support. Various proceedings ensued around custody for the child. The mother filed to modify the temporary support order, which was denied, and…
Read MoreWilliamson v. Williamson (Mississippi 2020)
Chancellors have discretion on the determination of adjusted gross income (AGI) for child support. As long as there is no abuse of that discretion, the child support determination will not be overturned on appeal. The father appealed the final divorce order arguing the chancery court improperly calculated his AGI. The court of appeals upheld the…
Read MoreYoung v. Air Masters Mechanical Inc, (Mississippi 2020)
If a parent’s rights to a child have been terminated, that child is not considered a dependent under the Workers’ Compensation Act. The decedent died in the course of his work. He left no survivors. The mother petitioned the Commission to pay child support arrears from the decedent’s workers’ compensation death benefits. The decedent was…
Read MoreJones v. Jones (Nebraska 2020)
A child support worksheet is required regardless of the amount of support. In this appeal of a custody modification, the Nebraska Supreme Court addressed an issue that wasn’t squarely before it. The trial court granted a father’s request to change physical custody of a child and ordered a new support obligation for the mother. A…
Read MoreKrohn v. Krohn (Mississippi 2020)
A court must approve any custody change. Without a court order, there may be no right to support. In this divorce, the mother was awarded primary custody of the child. The father was ordered to pay support and alimony. Post-divorce litigation regarding custody and child support began almost immediately. The father lost his high paying…
Read MoreKleoudis v. Kleoudis (North Carolina 2020)
For parents with incomes above the guidelines, child support will be determined on a case-by-case basis. The child support amount should be based on the amount of support necessary to meet the child’s reasonable needs in light of the parents’ estates, earnings, and standard of living. In this divorce case, the parents had incomes above…
Read MoreFrost v. Monahan (Nebraska 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…
Read MoreYbarra v. Ybarra (Nebraska 2020)
State and federal law control the amount of money that can be withheld for child support. The father, who owed child support arrears and interest, requested a modification of the amount of money being withheld from his social security. He also requested that the interest be removed. He argued that the amount withheld placed him…
Read MoreKimzey v. Kimzey (Wyoming 2020)
To modify a stipulated child support order, there must be a substantial change of circumstances in addition to the required change in the support amount. The parents divorced and in the decree stipulated to a child support amount lower than the guideline amount. Following the mother’s move to Arizona, the father filed to modify custody…
Read MoreGuthard v. Guthard (Nebraska 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…
Read MoreBornhorst v. Bornhorst (Nebraska 2020)
Distributions to corporate shareholders intended to cover tax liability are not necessarily income for child support purposes. The parents filed for divorce. The mother worked for her family’s construction company. To determine her income for child support, the court used the wages reported on her W-2 form but didn’t include other distributions she received as…
Read MoreIn re Shockman (Kansas 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…
Read MorePumroy v. Sisco (Mississippi 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…
Read MoreEdwards v. Edwards (Wyoming)
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…
Read MoreWilder v. Wilder (Tennessee 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…
Read MoreWright v. Wright (Tennessee 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…
Read MoreCain-Swope v. Swope (Tennessee 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…
Read MoreBest v. Oliver (Mississippi 2020)
To modify a child support order, there must be a material change in circumstances that wasn’t foreseeable when the original order was established. While an increase in a child’s expenses is foreseeable, the amount of the increase is not. The mother and father divorced, and the father was ordered to pay support for their only…
Read MoreJohnson v. Johnson (Wyoming 2020)
Overtime income can’t be considered as part of gross income unless it was earned in the statutory timeframe and is reasonably expected to continue. The mother and father divorced. They had four children. During the 2018 trial, the mother argued the father was voluntarily underemployed. While the parents were married the father regularly worked overtime,…
Read MoreMorris v. Powell (North Carolina 2020)
Child support does not end until a child is legally emancipated. A seventeen-year-old child moved out of his mother’s home, and the father stopped paying support. The mother filed a petition for contempt and for a judgment on the arrears. The father filed to terminate support as of the date the child moved out, arguing…
Read MoreKibbe. v. Kibbe (Tennessee 2020)
The court has discretion to craft a child support award that will best support a child with extraordinary medical needs as long as the court considers all available resources. The parents’ initial divorce decree addressed the needs of their special needs child. The mother primarily cared for the child, and the father was granted visitation.…
Read MoreMarriage of Weekes (Colorado 2020)
Statutes operate prospectively unless the language indicates otherwise. A law is unconstitutionally retrospective if it infringes on a vested right. The father filed to modify his child support based on a physical change of custody that happened without a court order. Current Colorado law limits retroactive modification of child support to the five years prior…
Read MoreWrubluski v. Wrubluski (North Carolina 2020)
A parent can’t modify child support without a court order. The husband and wife divorced, and the wife was granted custody of their children. Two of the children began to live with the father. He began paying half of the support amount. He eventually filed to modify custody and support. Post-divorce litigation ensued. After several…
Read MoreBerens v. Berens (North Carolina 2020)
A court doesn’t abuse its discretion in imputing income to a parent as long as evidence supports the determination. The mother and the father filed for divorce. After several years, the trial court entered an order a final decree, which set support for three children. Both parents appealed the child support provisions. The mother argued…
Read MoreCarter v. Thompson (Nebraska 2020)
The trial court has discretion to determine if a modified child support order will be retroactive. The mother filed to modify child support in February 2016, and the father cross-appealed to modify custody and support. The trial court entered an order on September 28, 2018, increasing the father’s child support retroactive to February 2016. The…
Read MoreDonahoe v. Donahoe (Nebraska 2020)
For self-employed parents, certain expenses may be treated as income for child support. The parents filed for divorce. The father is the sole owner of a business, which is organized as an S-Corporation. For 2016, he reported compensation on his personal tax return, not as a salary on his business return. This meant he wouldn’t…
Read MoreDescher v. Descher (Mississippi 2020)
For parents with high incomes, the child support guidelines allow for a deviation when applying the guidelines isn’t reasonable. The parents filed for divorce. The father owned and/or co-owned businesses that earned millions of dollars in revenue each year. The chancery court determined his monthly adjusted gross income to be $71,377.00. The mother worked for…
Read MoreBryant v. Bryant (Nebraska 2020)
A district court has discretion to when figuring income for a parent who is employed less than full time as long as the evidence supports the calculation. If a parent offers evidence of an obligation to support additional children, it should be at least considered. The mother filed for divorce. The mother and father had…
Read MoreClark v. Clark (Nebraska 2020)
The trial court has discretion over when to make a child support obligation retroactive. The mother and father filed for divorce and entered into an agreement that resolved all issues. For child support, the parents agreed that the mother would receive the tax dependency exception for three years straight instead of retroactive support. The mother…
Read MoreIn re Creagh (Kansas 2019)
If parents agree to a child support arrangement in a marital settlement agreement, it will be enforced as long as the terms are clear and unambiguous. The parents divorced, and a basic child support obligation was set. In the property settlement agreement, the parents agreed that the child support would be offset to pay two…
Read More