From Grant-Funded Study to Enduring Practice: How Agencies in the Procedural Justice-Informed Alternatives to Contempt Demonstration Continued Their Work After Research Ended
The Procedural Justice-Informed Alternatives to Contempt (PJAC) grant tested the application of procedural justice principles to child support enforcement, specifically to situations where a parent was about to be referred for a contempt action. This paper discusses the decisions grantees made about continuing to use the principles after the end of the grant period. All…
Read MoreA Comparison of Approaches Informed by Procedural Justice and Traditional Enforcement in the Procedural Justice-Informed Alternatives to Contempt Demonstration
The federal Office of Child Support Enforcement funded the Procedural Justice-Informed Alternatives to Contempt (PJAC) grant to explore the use of the principles of procedural justice during enforcement with the intent of improving the regular receipt of child support payments. Parents in the selected agencies were randomly assigned to one of two groups: one receiving PJAC services and one that applied traditional enforcement methods. This report compares the experiences of these two groups.
Read MoreA Helping Hand over Heavy Hand: Child Support Enforcement in the Era of COVID-19
The COVID-10 pandemic made enforcing child support orders, already difficult, even harder. This article explores the decisions made about how and when to enforce an order during the pandemic and the factors that influenced those decisions. The authors interviewed child support agency leadership, frontline workers, attorneys, and judges or family court administrators from five Wisconsin counties.
Read MoreWho is Not Paying Child Support?
The reasons behind noncompliance with a child support order are many and varied. This report updates existing research on the reasons for nonpayment of current support using a data sample drawn from 21 counties in Wisconsin. The report considers how changes in the order amount, employment status, and incarceration negatively affect a parent’s ability to pay support.
Read MoreCivil Contempt of Court for Child Support Noncompliance at the PJAC Demonstration Sites
The federal Procedural Justice-Informed Alternatives to Contempt (PJAC) demonstration project was a federally-funded project to study the effectiveness of using procedural justice methods to enforce child support orders. Civil contempt is a possible enforcement tool. This brief considers the application of procedural justice methods to the contempt process. Contempt is an enforcement tools of last resort and is historically adversarial. Several of the PJAC sites worked with the courts to soften the adversarial nature in an attempt to make the process feel fair and to ensure parents had their questions answered.
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 MoreWorking Toward a Resolution Facilitating Dialogue Between Parents Using Principles of Procedural Justice
The federal Office of Child Support Enforcement (OCSE) funded the Procedural Justice Alternatives to Contempt (PJAC) grant to explore the application of procedural justice principles to enforcing child support orders. The grant targets noncustodial parents who are about to be referred for contempt. This brief explores the use of case conferences to develop a case…
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 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 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 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 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 MoreUsing Principles of Procedural Justice to Engage Disconnected Parents
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…
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 MoreAn Examination of the Use and Effectiveness of Child Support Enforcement Tools in Six States
The authors of this brief studied child support enforcement practices in six different states. The states had a wide range of caseload sizes and collection percentages for both current support and arrears and had different program structures. The study found five areas where practices varied: the use of judicial or administrative procedures; the use of…
Read MoreIncorporating Strategies Informed by Procedural Justice into Child Support Services: Training Approaches Applied in the Procedural Justice-Informed Alternatives to Contempt (PJAC) Demonstration
The federal Office of Child Support Enforcement (OCSE) funded the Procedural Justice-Informed Alternatives to Contempt (PJAC) Demonstration Grant to explore ways to integrate procedural justice principles into child support enforcement. Six sites were awarded grants. This article shares the lessons learned with respect to training the employees at the six sites.
Read MoreState v. McKee (Kansas 2019)
A prior conviction of nonpayment of child support may not be used to prove the element of intent in a subsequent proceeding. The father was convicted of nonpayment of support in 2003. He was charged on a separate count in 2012. Before the trial began, the state filed a motion to admit the conviction into…
Read MoreState of Tennessee ex rel. Haynes v. Daugherty
In a contempt proceeding, a court may not impose a cash-only bond. This violates the parent’s constitutional right to pretrial release, equal protection, and due process. In this contempt case, contempt was filed against the father for failure to pay child support, and the trial court set a cash-only bond. The court set bond as…
Read MoreImproving Child Support Enforcement Outcomes with Online Dispute Resolution
Part of the 2019 Trends in State Courts publication from the National Center for State Courts, this report summarizes Ottawa County, Michigan’s efforts to use Online Dispute Resolution (ODR) tools to improve child support outcomes for families. In 2016, Ottawa County implemented ODR tools with the goal of reducing the number of contempt hearings and improving order…
Read MoreA New Response to Child Support Noncompliance
Research shows that parents are more concerned with being treated fairly than with the actual outcome of a child support case. With this principle in mind, the federal Office of Child Support Enforcement (OCSE) selected five sites to participate in the Procedural Justice-Informed Alternatives to Contempt (PJAC) project, which will explore the application of procedural…
Read MoreYoung v. Air Masters Mechanical Inc. (Mississippi 2019)
Overruled by Young v. Air Masters Mechanical Inc., 2020 Miss LEXIS 96 (2020). A child support lien is valid even if the children have been subsequently adopted. The father and mother were married and had two children. They divorced, and the father was ordered to pay support. The mother remarried, and her new husband adopted…
Read MoreState ex rel. Lytle v. Webb (Tennessee 2018)
Adequate findings must support the determination of an arrearage amount. The father appealed an order setting arrears. The arrears were determined in a modification order, but the state filed to alter/amend the arrears amount. The court amended the amount, and father filed to set aside this order. He argued that there was no evidence to…
Read MoreState ex rel. Nichols v. Songstad (Tennessee 2018)
Child support cannot be modified without court permission even when the number of children for whom the parent is responsible changes. The parent must file for a modification, provide notice to the other parents, and prove a significant variance. The mother and father were divorced, and the father was ordered to pay support for their…
Read MoreBehavioral Intervention Materials Compendium
The Behavioral Interventions to Advance Self-Sufficiency (BIAS) project team, led by MDRC and sponsored by the Office of Planning, Research and Evaluation (OPRE) of the Administration for Children and Families in the U.S. Department of Health and Human Services, partnered with eight state and local agencies to design and implement 15 behavioral interventions, involving close…
Read MoreMcKinney v. Hamp (Mississippi 2018)
A supersedeas bond, authorized by Mississippi Rule of Appellate Procedure 8(a), will not stay enforcement of an order for prospective, monthly child support pending appeal. A signing bonus for a parent-athlete is part of the parent’s gross income for child support purposes. A court has the discretion to modify an order back to the date…
Read MoreDixon v. Dixon (Mississippi 2018)
A Mississippi statute gives courts discretion to emancipate a child and terminate child support under certain circumstances. A judgment on arrears clears a parent of contempt so as to allow for a modification of support but the parent still has to show a substantial change in circumstances. The father appealed the chancery court order that…
Read MoreState on behalf of Mariah B. and Renee B. v. Kyle B. (Nebraska 2018)
A contempt finding requires that the parent willfully violate the court order. The parent must have the present ability to comply with the purge conditions. The father appealed a contempt order for failure to pay support. He argued that the nonpayment was not willful and that he couldn’t comply with the purge conditions. The Supreme…
Read MoreCounty of Durham v. Hodges (North Carolina 2017)
Evidence of a parent’s ability to pay must support a contempt order. The father in this case appealed a contempt order arguing that the evidence showed he had no ability to pay support. The contempt order was a pre-printed form that didn’t contain any findings of fact. The appellate court found the order lacked the…
Read MoreSpires v. Simpson (Tennessee 2017)
In a wrongful death action, a parent, who seeks recovery for the death of a child yet owes child support for that child, cannot recover any proceeds until satisfaction of the child support arrears. The mother and father in this case married and had a child. The father left when the child was young, but…
Read MoreNudging Changes in Human Services: Final Report of the BIAS Project
This is the final report (2017-23) of the Behavioral Interventions to Advance Self-Sufficiency (BIAS) project conducted by MRDC under a contract with the federal Office of Planning, Research, and Evaluation (OPRE) in which 15 state and local agencies participated. The project consisted of identifying problems that are appropriate for behavioral interventions, designing interventions, and conducting…
Read MoreHelping Noncustodial Parents Support Their Children: Early Implementation Findings from the Child Support Noncustodial Parent Demonstration (CSPED) Evaluation
In 2012, OCSE competitively awarded grants under the Noncustodial Parent Child Support Demonstration (CSPED) Project to child support agencies in eight states to provide enhanced child support, employment, parenting, and case management services to noncustodial parents who are having difficulty meeting their child support obligations. Also in 2012, OCSE competitively awarded a cooperative agreement (under…
Read MoreThe Impact of Child Support Laws on the Measured Outcomes of Children
Published in the Journal of Legal Issues and Cases in Business Volume 3 – December, 2014, this article documents the results of research performed by the authors in which they tested the hypotheses that 1) children whose families have more money have better outcomes; and 2) states with harsher punishments for failure to pay child…
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 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 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 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.
Read MoreReasonable Child Support Orders: The Relationship between Income and Collections
This is a study conducted by the University of Maryland School of Social Work. The federal Office of Child Support Enforcement (OCSE) has recognized the importance of creating support orders that balance a custodial parent’s need for support and a noncustodial parent’s ability to pay it. The authors conducted a multivariate linear regression utilizing a…
Read MoreOperation Access Evaluation Report
The State of Colorado received a three-year federal grant to improve child support services for military families. El Paso County was chosen as the pilot site due to its large military population on four installations. This project, known as Operation Access, was designed to improve collaboration and communication between the local child support services office…
Read MoreLow Income Fathers and Child Support Debt: A Primer for Financial Literacy and Fatherhood Service Providers
This is a link to a document that is intended to provide very basic information about poor noncustodial parents and their contact and connection with the child support system. http://www.cffpp.org/publications/Child%20Support%20Debt%202011.pdf
Read MoreBullock v. Bullock (Wyoming 2014)
A civil contempt order must be supported by clear and convincing evidence. Clear and convincing evidence is “evidence that would persuade a finder of fact that the truth of the contention is highly probable.” The elements of civil contempt are: “1) an effective court order that required certain conduct by the alleged contemnor; 2) the…
Read MoreThe Underground Economy
The report of a task force led by former Michigan Supreme Court Chief Justice Maura Corrigan to examine the underground economy, and how it deprives minor children of financial support from their parents.
Read MoreThe Use of Civil Contempt and Criminal Nonsupport as Child Support Enforcement Tools: A Report on Local Perspectives and the Availability of Data
This is a link to the first of two reports focused on child support and incarceration. Together, these reports will represent a first step in an effort to better understand Wisconsin’s use of two enforcement tools that may result in incarceration: civil (or remedial) contempt and criminal (or punitive) nonsupport.
Read MoreChild Support Enforcement: Incarceration as the Last Resort Penalty For Nonpayment of Support
Using jail as an option for nonpayment of child support has many implications: Are low-income non-custodial parents who are unable to fulfill their child support obligations penalized for being poor? Should non-custodial parents charged with civil contempt of court be entitled to an attorney? Should non-custodial parents whose only offense is nonpayment of child support…
Read MoreOrtiz v. Ortiz (Kansas 1956)
The marriage of a minor child does not automatically terminate the child support obligation of the minor.
Read MoreAndler v. Andler (Kansas 1975)
A parent is entitled to credit for Social Security payments by the government against his or her liability for child support under a divorce decree to the extent of, but not exceeding, his or her monthly obligation for child support.
Read MoreBrady v. Brady (Kansas 1979)
When a child attains the age of majority, or when a child goes to live with the other parent, or when a child dies, the obligation to pay support for that child should automatically cease and terminate unless an agreement provides otherwise.
Read MoreSorenson v. Secretary of the Treasury (Federal, US Supreme Court, 1986)
An excess earned-income tax credit will be considered to be an “over-payment” to the Internal Revenue Service and therefore is eligible for a tax intercept by a state child support agency for satisfaction of owed child support payments.
Read MoreRocha v. Rocha (Wyoming 1996)
In a divorce action, a trial court has discretion in concluding that a father’s child support payments can or cannot offset the parties’ original property settlement.
Read MoreIn re Marriage of Jones (Kansas 1996)
When a party neglects to assert a right or claim for an unreasonable and unexplained length of time and the lapse of time and other circumstances cause prejudice to the adverse party, relief is denied on the grounds of laches. The mere passage of time is not enough to invoke laches. The court must consider…
Read MoreHollingshead v. Hollingshead (Wyoming 1997)
In the absence of statute, a decree for periodic payments of child support creates sequential judgments enforceable under the statutory procedures for enforcement of judgments.
Read MoreIn re Marriage of Scott (Kansas 1998)
Income withholding for purposes of enforcement of child support obligations is provided by Kansas statute.
Read MoreIn re Marriage of Schoby (Kansas 2000)
Child support may be modified at any time circumstances render such a change proper, but the modification operates prospectively only.
Read MoreIn re Marriage of Burton (Kansas 2001)
The doctrine of laches is applicable in child support cases.
Read MoreUnion Pac. R.R. v. Trona Valley Credit Union (Wyoming 2002)
Child support garnishments have priority and if more than 25% of an employee’s disposable income is withheld, creditor garnishments are not permissible.
Read MoreUnion Pac. R.R. v. Trona Valley Credit Union (Wyoming 2002)
Child support wage withholding has priority over any other garnishments.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
Defendants in paternity support actions may not invoke the defense of laches as a bar to the enforcement of moral and legal obligations to their minor children.
Read MoreState ex rel. SRS v. Cleland (Kansas 2009)
A child support judgment that was not void as of July 1, 2007, shall not become dormant, except that the judgment shall cease to operate as a lien on the real estate of the judgment debtor as of the date the judgment would have become dormant.
Read MoreState ex rel. SRS v. Cleland (Kansas 2009)
A trial court’s application or denial of the doctrine of laches is reviewed for an abuse of discretion.
Read MoreIn re Adoption of RMS (Wyoming 2011)
The district court did not abuse its discretion by concluding there was clear and convincing evidence that mother willfully failed to support her child.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
Lump-sum social security disability benefits received by mother on behalf of her minor children because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payment.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
Lump-sum social security disability benefits received by mother on behalf of her minor children because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payment.
Read MoreIn re Marriage of Taber (Kansas 2012)
Lump-sum Social Security disability insurance payments for back benefits received by mother on behalf of her minor child because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payments.
Read MoreIn re Marriage of Taber (Kansas 2012)
Lump-sum Social Security disability insurance payments for back benefits received by mother on behalf of her minor child because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payments.
Read MoreIn re Marriage of Brown (Kansas 2012)
If a motion for modification has not been filed, any court-ordered modification operates prospectively only, and the district court is not authorized to vacate or discharge past-due child support.
Read MoreIn re Adoption of AMP (Wyoming 2010)
A district court has the authority to determine the credibility of witnesses and willfulness not to pay support based on the specific facts of each case.
Read MoreMaley v. State of Kansas (Kansas 2013)
A grievance based on the garnishment of social security disability benefits by the Kansas Child Support Collection Division is meritless.
Read MoreDep’t of Family Servs. v. Currier (Wyoming 2013)
The Fourteenth Amendment’s guarantee of due process did not require the State of Wyoming to provide an indigent party with counsel in a civil contempt proceeding for nonpayment of child support, because Wyoming had sufficient substitute procedural safeguards to protect indigent obligors against the possibility of wrongful incarceration.
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