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.

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Yeutter 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.

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Davis 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…

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In re Marriage of Thurmond (Kansas 1998)

The fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.

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Rupp v. Grubb (Kansas 1998)

Where a parent is incarcerated in a correctional facility, the fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.

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