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…
Read MoreHowell 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…
Read MoreDavis 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…
Read MoreFuller 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…
Read MorePeak 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…
Read MoreTyler 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,…
Read MoreThomas v. Crews (Mississippi 2016)
Substantial and credible evidence must support a child support award. The chancellor found credible evidence that father was the sole member of a limited liability company, he earned a salary from the company, the business had turned a profit, and the business had ongoing operating expenses. The chancellor used this evidence to set father’s income…
Read MoreIn re Lucius H. (Tennessee 2016)
The Uniform Commercial Code (UCC), which governs commerical contracts and transactions, does not apply to paternity actions. In this case, the parent admitted paternity, but cited the UCC in support of his argument that he did not agree to the birth of the child and should not be liable for support. Once paternity is established, the…
Read MoreKephart v. Kephart (Tennessee 2016)
If a parent is receiving social security disability, no support is due if the amount of the benefit exceeds the presumed amount of support. The statute does not contemplate that the parent will retain the difference between the presumed amount of support and the social security benefit.
Read MoreState ex. rel. Rogers v. Lewis (Tennessee 2016)
A child support order is void if it relieves a parent from the obligation to support a child. The original child support order in this case approved an agreement of the parties that the father maintain health insurance or pay for future medical expenses. While no current support was ordered, no provision prohibited a future…
Read MoreVance v. Miss. Dep’t. of Human Services (Mississippi 2016)
A child support obligation continues when a child is placed in foster care. The obligation vests in the child and will be enforced on behalf of the designated payee. MDHS is that designated payee when the parent was receiving AFDC benefits at the time of the child’s removal and had assigned their right to support…
Read MoreBurcham v. Burcham (Nebraska 2016)
An adoption subsidy should not be counted as income to a parent when calculating child support. In this case, the parents received a monthly subsidy for three adopted special needs children. The subsidy was meant to supplement the parents’ incomes and assist with the extra costs that come with raising special needs children. Since it…
Read MoreIn re Marriage of Johnson (Colorado 2016)
The doctrine of laches is available as a defense to a claim for interest on child support arrears if the custodial parent has not timely pursued collection of the arrears. Allowing a laches defense protects the right of children to parental support and encourages timely enforcement of unpaid obligations. In this case, the father stopped…
Read MoreLueallen v. Lueallen (North Carolina 2016)
When establishing a child support obligation, income can be imputed to a parent who is found to be voluntarily unemployed and motivated by a desired to avoid their reasonable support obligation. Evidence must support the intent to avoid the support obligation. The appellate court in this case found that income had properly been imputed to…
Read MoreBrown v. Brown (Tennessee 2016)
In order to find a parent in criminal contempt of court for failure to pay child support, a petitioner must prove beyond a reasonable doubt that the parent had the ability to pay the support when it was due and that the failure to pay support was willful. In this case, the Court found that…
Read MoreZupan v. Zupan (Wyoming 2016)
The parent who petitions to modify a stipulated child support order must show a material change in circumstances as well as a 20 percent change in the support amount. This rule addresses the issue of a parent agreeing to a support amount 20 percent lower or higher than the presumptive amount only to petition for…
Read MoreSmith v. Williams (Mississippi 2016)
A parent who requests reimbursement for birth and other child-related expenses incurred prior to the establishment of a support order must provide proof of the expenses, and the proof must be admitted into evidence. The mother in this case did not provide sufficient proof of her expenses, and the court did not order reimbursement.
Read MoreMarshall v. Marshall (Nebraska 2016)
*This case has been reversed and remanded for entry of the decree of the district court, see Marshall v. Marshall, 298 Neb. 1 (2017). The amount of a parent’s monthly income must be based on evidence and reasonable. When parties have competing amounts for one parent’s income, the court may not determine income by splitting…
Read MoreStack v. Stack (Tennessee 2016)
A Tennessee court may modify another state’s child support order when the order has been registered in Tennessee, the court has personal jurisdiction over the parties, and the parties have provided the issuing state with written consent to Tennessee’s ongoing jurisdiction. In this case, the parties filed a Notice of Filing of Agreed Order with…
Read MorePatrick v. Patrick (Oklahoma 2016)
Child support may only be awarded for an adult disabled child if there is a causal relationship between the disability and the child’s inability to support him or herself. In this case, the mother could not be ordered to support an adult child who had entered treatment for drug and alcohol abuse. Assuming that substance…
Read MoreState v. Waldo (Tennessee 2016)
A parent must have the present ability to pay child support before he or she can be found in civil contempt for non-payment. The future ability to pay is not enough. The contempt order in this case also sentenced the parent to jail but suspended the sentence as long as the parent made a minimum…
Read MoreHarris v. Porter (Mississippi 2016)
A child’s decision to attend college may be a material change in circumstances that warrant modifying child support. By statute, additional expenses can be added to a support amount, such as college tuition. The father in this case claimed the obligation to pay for half his child’s college expenses would seriously affect his lifestyle; however,…
Read MoreThayer v. Thayer (Tennessee 2016)
The choice to work a lower paying job may mean the parent is voluntarily underemployed for purposes of child support. The parent’s decision must be reasonable in light of the obligation to support his or her child. The Court may consider these factors: past and present employment, education, training and ability to work, and other…
Read MoreTollett v. State (Oklahoma 2016)
A parent who has been charged with Omitting to Provide for a Minor has the burden of proving the statute of limitations on the action has not tolled.
Read MoreNguyen v. Heller-Nguyen (North Carolina 2016)
Vested child support arrears are not subject to offset.
Read MoreCatalano v. Woodcock (Tennessee 2016)
In a divorce proceeding, the requirements for service by publication must be strictly complied with or any resulting order will be void for a lack of personal jurisdiction, which can include the child support order.
Read MoreIn re Adoption of Jaelyn B., Jesse B. v. Tylee H. (Nebraska 2016)
A Nebraska court must give full faith and credit to a valid paternity determination from another state and apply the law of that state when making decisions about the parent’s rights. In this case, a lower court improperly allowed the adoption of child without notice to the legal father, whose paternity had been established through…
Read MoreMosher v. Mosher (Mississippi 2016)
A child support issue must be properly raised in the lower court, or it is procedurally barred from appellate review. The lower court has an obligation to review all child support agreements to ensure the support amount is adequate and sufficient to support the child.
Read MoreFuller v. Fuller (Kansas 2016)
Due process requires that the party filing to modify a child support order give notice of the request to the other parent. The other parent is entitled to an opportunity to be heard and a reasonable amount of time to prepare a defense.
Read MoreOster v. Ratliff (Mississippi 2016)
A father argued his two children emancipated for purposes of ending child support because they had moved out of their mother’s home into an apartment and were employed full time. The Court found the children were full-time students, not full-time employees, and depended on their parents for financial support.
Read MoreState on behalf of Ja’Quezz G. v. Teablo P. (Nebraska 2016)
The method of notice of a paternity action must be reasonably calculated to inform the Defendant the action is pending and give the Defendant a chance to object. If a Defendant fails to appear at a hearing after proper service, a default order can be entered.
Read MoreMalone v. Hutchinson-Malone (North Carolina 2016)
The North Carolina child support statutes specifically identify the circumstances under which a child support obligation terminates; however, parents can agree to a duration for the obligation that is more generous, but not more restrictive.
Read MoreHunt v. Hunt (North Carolina 2016)
CSEA has an unconditional right to intervene in a proceeding where an individual has applied for child support services and paid the application fee.
Read MoreState ex rel. Creighton v. Hayner (Tennessee 2016)
A judgment for arrears entered in 2005 was void because of improper service on the non-custodial parent.
Read MoreIn re Gabrielle R. (Tennessee 2016)
A review of the child support amount automatically follows a petition to modify parenting or visitation time and does not require a specific request.
Read MoreState v. Erpelding (Nebraska 2015)
In a criminal non-support action, the intent to not pay child support does not depend on the Defendant’s ability to pay. The Defendant’s actions, words, and circumstances can all be evidence of an intentional failure to pay.
Read MoreIn re Marriage of Gross and Gross (Colorado 2016)
When a parent voluntarily relinquishes parental rights, the obligation to support the child does not end until a final order of relinquishment is entered.
Read MoreMitchell v. Hall (Tennessee 2016)
A modification of a child support amount due to a child reaching the age of majority is not considered a retroactive modification in a strict sense. While the Court must still make factual findings to support the new amount, generally a parent’s duty to support a child ends when a child reaches the age of…
Read MoreStevens v. Stevens (Nebraska 2016)
The order being appealed must be a final order, not a conditional order. The Order in this case adopted recommendations made by a child support referee, but gave the parties 14 days to make exceptions to the recommendations. Because the finality of the order was conditioned on the parties taking or not taking exceptions, it…
Read MoreBryan M. v. Anne B. (Nebraska 2016)
When filing a paternity action, a potential father cannot file as a next friend to the child to get around the statute of limitations. A next friend is a person who is significantly connected to the child and who is bringing the action for the child’s benefit.
Read MoreStallings v. Allen (Mississippi 2016)
A parent can be found in civil contempt of court for a failure to provide dental insurance and to pay a portion of uncovered medical expenses as ordered.
Read MoreTidwell v. Tidwell (Tennessee 2016)
A parent’s failure to raise the issue of voluntary/willful unemployment with respect to the other parent’s income is a waiver of this issue.
Read MoreState v. Coldwater (Oklahoma 2016)
In Oklahoma, parents may receive credit in a child support calculation for children from other relationships who they support. The court must determine the number of qualified children and that number will then be inserted on the child support calculation form.
Read MoreCook v. Iverson (Tennessee 2015)
The Court must make a specific finding that a parent is voluntarily underemployed or unemployed before imputing income.
Read MoreIn re JB (Oklahoma 2015)
Adoptive parents are required to pay child support after they relinquish their parental rights to their adopted child.
Read MoreDellit v. Tracy (Wyoming 2015)
A district court may deviate from a presumptive child support amount even when a party is receiving a government benefit on a child’s behalf as long as the Court makes a finding to support the reduction.
Read MoreIn re Andrea R. (Tennessee 2015)
An upward deviation in the child support amount for private school tuition must be supported by a specific finding that the expense is appropriate. This finding must be based on evidence of the financial circumstances of each parent and the child’s lifestyle. In re Andrea R.pdf
Read MoreLubell v. Lubell (Tennesee 2015)
Private school tuition and other approved extraordinary educational expenses should be considered as a deviation from the guideline child support amount and added to the base child support award.
Read MoreBurnham v. Burnham (Mississippi 2015)
An agreement for child support that is chancellor–approved will not be reviewed on appeal if the agreement was not presented to the trial court for review.
Read MoreCaldwell v. Atwood (Mississippi 2015)
A court cannot outright forgive child support arrears.
Read MoreState ex rel. Brown v. Shipe (Tennessee 2015)
An incarcerated parent is considered voluntarily underemployed or unemployed, and is not excused from paying child support while in prison.
Read MoreIn re marriage of Stephenson v. Papineau (Kansas 2015)
An NCP whose children receive a lump sum disability award may be entitled to credit for timely paid child support for the period of time covered by the lump sum.
Read MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreProchaska v. Prochaska (Nebraska 2009)
When setting a child support obligation for an obligor with multiple families, the court may deviate from a strict application of the guidelines as long as it considers the facts of the case.
Read MoreState on behalf of LLB v. Hill (Nebraska 2004)
Child support arrears will not be forgiven under an equity argument if a parent’s lack of diligence lead to the accumulation of the arrears
Read MorePalagi v. Palagi (Nebraska 2001)
The emancipation age of a child is typically a non-modifiable provision, and credit against owed arrears will not be given for college tuition payments.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreState v. Batt and Filbert (Nebraska 1998)
Even when a child has a presumptive father, a later action to determine paternity is not barred although clear and convincing evidence is necessary to rebut presumption.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date.
Read MoreState on behalf of BM v. Brian F (Nebraska 2014)
A motion to modify support cannot be converted into a motion for disestablishment even if the father attaches a genetic test showing he is not the biological father of child
Read MoreCesar C v. Alicia L (Nebraska 2011)
The proper effect of a signed, unchallenged acknowledgment of paternity is a finding that the individual who signed as the father is the legal father.
Read MoreLucero v. Lucero (Nebraska 2008)
Absent equities to the contrary, the modification of child support orders should be applied retroactively to the first day of the month following the filing date of the modification.
Read MoreState on behalf of AE v Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreLucero v. Lucero (Nebraska 2008)
Absent equities to the contrary, the modification of child support orders should be applied retroactively to the first day of the month following the filing date of the modification.
Read MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreIn re Chase (Tennessee 2015)
The Tennessee Code allows for judges in a county to agree that the juvenile court will have jurisdiction to set, enforce, and modify support orders.
Read MoreIn re Marriage of Lohman (Colorado 2015)
When enforcement of a judgment obtained in a foreign country is sought, the Colorado Court must determine if the foreign court had jurisdiction over the Colorado resident and also whether the exercise of jurisdiction is consistent with the Constitution and laws of the United States.
Read MoreIn re Marriage of Lohman (Colorado 2015)
When enforcement of a judgment obtained in a foreign country is sought, the Colorado Court must determine if the foreign court had jurisdiction over the Colorado resident and also whether the exercise of jurisdiction is consistent with the Constitution and laws of the United States.
Read MoreLowrey v. Simmons (Mississippi 2015)
A child support obligation will not be terminated just because the relationship between the child and the obligor parent has deteriorated.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreMurphy v. Murphy (Nebraska 2008)
When a parent’s own actions lead to a reduced income, there is no substantial change in circumstances that would justify modifying a child support order.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreGroseth v. Groseth (Nebraska 1999)
A Nebraska court assumes continuing, exclusive jurisdiction to modify another state’s order once both parents and the child no longer reside in the state that issued the order.
Read MoreGroseth v. Groseth (Nebraska 1999)
A Nebraska court assumes continuing, exclusive jurisdiction to modify another state’s order once both parents and the child no longer reside in the state that issued the order.
Read MoreGress v. Gress (Nebraska 1999)
A noncustodial parent is entitled to a credit against a monthly child support obligation for Social Security benefits paid to his or her minor child as a result of the non-custodial parent’s disability.
Read MoreSmeal Fire Apparatus Co v. Kreikemeier (Nebraska 2010)
Civil contempt must be proved by clear and convincing evidence unless statutory procedures impose a different standard.
Read MoreGress v. Gress (Nebraska 1999)
A noncustodial parent is entitled to a credit against a monthly child support obligation for Social Security benefits paid to his or her minor child as a result of the non-custodial parent’s disability.
Read MoreState on behalf of LLB v. Hill (Nebraska 2004)
Child support arrears will not be forgiven under an equity argument if a parent’s lack of diligence lead to the accumulation of the arrears.
Read MoreCarroll v. Moore (Nebraska 1988)
Court-appointed counsel will be provided to indigent defendants in paternity cases.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreBranch v. Branch (Mississippi 2015)
Adjusted gross income for income tax purposes and adjusted gross income for the purpose of calculating child are not necessarily the same amount.
Read MoreSellers v. Sellers (Nebraska 2015)
Where a strict application of the child support guidelines is presumed, a father’s request for a deviation from the guidelines was not supported by sufficient evidence.
Read MoreAnderson v. Anderson (Mississippi 2015)
A stipulated child support agreement will be treated as though court-ordered, and the amount will not be reviewed for a modification unless there is a material change of circumstances that occurred after the agreement was entered.
Read MoreLewis v. Pagel (Mississippi 2015)
Modification of a support order can be considered as long as the arrears have been reduced to judgment.
Read MoreMalinak v. Malinak (North Carolina 2015)
If there is a court-ordered support obligation, the doctrine of laches does not bar the recovery of unpaid child support.
Read MoreLasu v. Issak (Nebraska 2015)
When a household has a combined monthly income below the poverty level, a minimum support order is appropriate.
Read MoreBreen v. Black (Wyoming 2015)
A custodial parent must diligently pursue a claim for reimbursement of medical expenses or they can be barred by res judicata. A noncustodial parent can be found in civil contempt for failure to contribute to medical expenses if evidence supports the finding.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreGladwell v. Gladwell (Tennessee 2015)
Court of Appeals upheld trail court award of federal income tax deduction for children to Mother.
Read MoreJamie N v. Kenneth M (Nebraska 2015)
The doctrines of issue preclusion and res judicata do not bar a subsequent paternity action when the court did not have jurisdiction over the earlier proceedings.
Read MorePrice v. Snowden (Mississippi 2015)
The Court of Appeals reversed Chancery Court decision finding father was not in contempt of court.
Read MorePrice v. Snowden (Mississippi 2015)
The Court of Appeals reversed Chancery Court decision finding father was not in contempt of court.
Read MoreIn re Gabriel V. (Tennessee 2015)
The Court of Appeals upheld the District Court decision that did not give Father credit for providing “necessaries” for the child.
Read MoreDeckard v. Deckard (Mississippi 2015)
Court of Appeals upheld lower court finding of contempt against father for failure to pay child support appropriate, that father was not entitled to a retroactive modification of the support amount, and that father had no proof of any extra judicial agreement to lower the support amount.
Read MoreArtz v. Norris (Mississippi 2015)
Court of Appeals held finding of contempt against father was appropriate, father could not unilaterally modify court order and make child support payments directly to child without the court’s approval, and father was liable for his payment toward the child’s medical insurance premium even though mother’s new husband employer paid for the insurance.
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