Tucker v. Tucker (Wyoming 2023)
Wyoming statute requires a child support order be based on specific financial information. This case has a long procedural history. The mother and father divorced and child support was ordered in the final decree. The State filed to modify support in 2017. The district court entered a temporary order modifying support in 2018. In 2021,…
Read MoreIn re Obembe (Kansas 2023)
A district court has many factors it can consider when applying the extended income formula for child support.. Payments to a 529 account, when ordered as a separate provision in a divorce decree, aren’t child support. The mother and father, both high earners, divorced. The final order set spousal support, child support for three children and, as a standalone term, required both parents to contribute monthly to a 529 account for each child. When the spousal support ended, the mother filed to modify child support. Using the extended income formula, the district court increased support and declined to count the father’s 529 contributions as support. The district court denied the father’s motion to alter or amend the judgment. He appealed on several grounds.
Read MorePrice v. Price (North Carolina 2022)
Evidence must support the determination of a parent’s income. Income determinations will be reviewed de novo. The father appealed the final order in this modification action, arguing that he had no notice of the hearing and that the trial court erred in calculating his income. The father failed to appear at the hearing. To calculate the father’s income, the mother presented the father’s W-2 form with his annual wages, evidence of his receipt of short-term disability payments, and income from a business. The appellate court found he had proper notice of the hearing but that the evidence didn’t support the income determination.
Read MoreMarcel v. Marcel (Tennessee 2022)
To calculate child support income for a parent with variable income (wages, bonus, overtime), the trial court should consider income over a period of time which will account for the variable income. In this case, the father worked at a plant and his income varied. He earned wages, bonuses, overtime, and double time. To calculate his income for child support, the trial court used his last four paystubs, which didn’t include any of this income. However, the information on the pay stub indicated that this type of income had been received year-to-date. The mother appealed the child support term of the final order.
Read MoreEidson v. Kakouras (North Carolina 2022)
Stipulations to facts are favored but they must be clearly shown in the record and both parties must agree. The parents divorced in 2012 and post-divorce actions for modification of custody and child support began immediately. Specific to this appeal, the father appeals the latest child support order, which resolved a variety of outstanding motions. The appellate court vacated the orders on appeal and remanded.
Read MoreMarriage of DePumpo (Colorado 2022)
Unrealized gains on an investment portfolio don’t meet the definition for child support income. However, equitable principles may apply. The definition of income includes income from rent. Depreciation can only be included if it is found to be an ordinary and necessary business expense, as defined in the child support statute. The parties filed for divorce. Specific to child support, the trial court calculated the mother’s income using her monthly salary and included an amount for unrealized monthly gains from an investment account. The trial court included depreciation expenses associated with rental properties in the father’s income. The mother appealed the final order, arguing the incomes were not correct.
Read MoreWilliams v. Williams (Kansas 2022)
Parents have a proactive duty to disclose a material change in financial circumstances. If this change isn’t disclosed, sanctions may be imposed. In this case, the father filed to modify support based on a reduced income. In the process, it came to light the father failed to disclose a substantial increase in income for a three-year period. In its final order, the trial court modified support and imposed a sanction for the failure to disclosure the change in income.
Read MoreBritt and Wake County Human Services, Child Support Enf., Intervenor, v. Britt (North Carolina 2022)
A parent must provide the requisite proof in order for business expenses deducted from gross income. The parents filed for divorce. The father was self-employed and owned rental properties. During the trial, the father provided testimony as to his income, bank accounts, deposits into the bank accounts, and current work situation In weighing the evidence to determine the father’s income for child support, the trial court found the father’s testimony evasive and unreliable. The trial court used evidence of monthly deposits into his bank accounts to set his income and calculated support according to the guidelines.
Read MoreHollis v. Hollis (Tennessee 2022)
The definition of income is broad and all-encompassing. A reasonable necessity standard is applied to child support awards when the parents earn more than $10,000 per month. The parents of two special needs children filed for divorce. The husband, a financial advisor, was the primary source of income for the family. His income included a loan from his employer, which was tied to performance goals. The loan was forgiven as he met the goals. As his income exceeded $10,000 per month, the trial court had to consider the reasonable necessity standard when awarding support above the guidelines. In its final order, the trial court found support should be set above the guideline amount in light of the father’s income and the children’s extensive special needs. Both parents appealed the final order.
Read MoreRobinson v. Robinson (Tennessee 2022)
To find a parent voluntarily unemployed, the court must consider the parent’s choices and the reasonableness of the choices considering a parent’s obligation to support the child. The parents filed for divorce. They owned three Subway stores. Pending the final order, the court ordered that the mother would manage the stores and the father was to find another job. The father failed to find a job, so when calculating child support, the trial court imputed income to him that equaled the income for a Subway store manager. The father appealed, arguing the trial court had to first find him voluntarily unemployed before imputing income.
Read MoreHehn v. Johnson (Wyoming 2022)
Even in default child support hearings, the district court has an obligation to determine income for both parents. The mother filed for paternity and support. The father was served, but failed to answer, and the clerk entered default. Both parents appeared at the hearing. The father was awaiting sentencing on a criminal charge, so a temporary order was entered. Upon the father’s release, the mother requested a default hearing. Both parents appeared. The district court took no evidence. The final order granted mother custody, set out visitation, and ordered child support based on the mother’s calculation. The mother appealed.
Read MoreIn re Nusz (Kansas 2022)
Evidence must support the determination of a parent’s income. In this divorce action, the mother appealed the child support portion of the divorce decree, arguing no evidence in the record supported the income determinations. The appellate court affirmed, finding no abuse of the district court’s wide discretion in setting income for child support.
Read MoreRoth v. Roth (North Carolina 2022)
The North Carolina child support guidelines define gross income from self-employment or operation of a business as gross receipts minus ordinary and necessary business expenses required for self-employment or business operation. The father requested a downward modification of his child support based on the parent’s custody schedule. The final order modified support, upwardly. The father appealed, arguing the court incorrectly determined his income.
Read MoreBailey v. Bailey (Nebraska 2021)
A court may require security for child support payments if compelling circumstances exist. In this divorce action, the final decree ordered the father to secure his child support obligation with a life insurance policy and divided childcare expenses between the parents in order for the mother to maintain her job or pursue a higher education. The father appealed these provisions.
Read MorePeck v. Peck (Nebraska 2021)
Earning capacity can be used to determine income instead of a parent’s actual income. To get credit for health insurance premiums, a parent must provide proof of the cost. The mother appealed the final order in a proceeding to modify custody and support. She appealed several provisions including the child support calculation, arguing the court incorrectly used her earning capacity as her income and granted the father credit for contributing to the children’s health insurance premium. The appellate court affirmed in part and reversed in part.
Read MoreMarriage of Evans (Colorado 2021)
A property division can be re-opened upon the discovery of an undisclosed asset. Child support will be recalculated to reflect any change in a parent’s income from the new asset. In this post-divorce action, the mother petitioned to reopen the parents’ original property division. She found an undisclosed asset, the father’s ownership of a business. The magistrate agreed, allocated the asset, and modified the child support order based on additional income from the business. The father appealed, first to the district court, which affirmed, and then to the appellate court.
Read MoreHill v. Hill (Tennessee 2021)
The trial court must follow the required procedure when modifying a child support order. The parents appeared before the court on post-divorce motions. The two children were emancipated at the time of the hearing. Child support was at issue. In an earlier hearing, the father had received custody of the son, and the court hadn’t ordered support. At issue was the father’s income. The father received an inheritance and used the money to pay for the children’s private school tuition. The trial court recognized the inheritance was income to the father but in the final order, the trial court found it would be unjust to count the inheritance as income since the father used it to pay for tuition. The trial court calculated support and entered a judgement in favor of the father for back support.
Read MoreVanderveer v. Vanderveer (Nebraska 2021)
The definition of income for child support is purposefully broad. All income, unless specifically excluded, counts as long as it is regularly received for the foreseeable future. The parents, who had two children, filed for divorce. The father’s income consisted of a base salary, an annual bonus, and the proceeds from stock shares. He received stock shares from his employer annually. The shares vested in the future, and as they vested, the father cashed them and used them for household expenses. In the division of marital property, the trial court divided the stock grants received during the marriage that were not yet vested. The trial court excluded any stock proceeds from the father’s income for child support. The mother and father both appealed the final decree.
Read MoreToro v. Toro (Nebraska 2021)
A trial court’s determination of income won’t be disturbed on appeal without a clear abuse of discretion. The parents filed for divorce. They had two children. The court had to calculate the father’s net monthly income for support. He worked construction and took side jobs for cash. He submitted his income tax returns for the last three years. The trial court used his 2019 tax return to calculate his monthly income and found the father has an earning capacity of $60,000. The father appealed, arguing the court should have averaged his income for the past three years.
Read MoreJefferson v. Jefferson (Mississippi 2021)
Nontaxable federal payments for military members such as basic allowable housing (BAH), basic allowable subsistence (BAS), cost of living and a clothing allowance are income for child support. The parents filed for divorce. The father was a military member and received benefits on top of his regular salary including BAS, BAH, cost-of-living allowance, and clothing allowance. The father appealed, arguing these benefits should not be counted as income.
Read MoreStephens v. Stephens (Mississippi 2021)
To modify a child support order, there must be a substantial and material change not anticipated at the time of the original order. To contest a contempt finding, the parent must show evidence of the inability to pay. The parents in this case divorced and the final decree reflected their agreement as to child support and uncovered medical expenses. The mother subsequently filed numerous petitions for contempt. This appeal consolidates the father’s appeal of the two latest orders.
Read MoreCanzoneri v. Burns (Tennessee 2021)
The Tennessee child support guidelines contain specific factors to consider when declaring parent underemployed. In this modification action, the father was a self-employed landscaper. Citing his education, background, and a booming economy, the trial court found him underemployed and imputed a higher income. Interestingly, his support was reduced because mother’s income had increased. Regardless, the father appealed.
Read MorePace v. Pace (Mississippi 2021)
If a parent’s earnings are reduced through the parent’s own actions, the court may use earning capacity to determine income for child support. The parents filed for divorce. The father, a doctor, had a substance abuse problem. To keep his medical license, he had to undergo treatment and consent to monitoring. Instead, he surrendered his medical license. During the trial, he claimed he couldn’t afford the monitoring program. The chancellor used his earning capacity to set child support in the final order. The father appealed.
Read MoreWilkinson v. Wilkinson (North Carolina 2021)
Findings of fact must support any deviation from presumptive child support amount. The mother filed to modify child support. The father responded with a request for a decrease. He paid monthly support and made an annual payment based on a percentage of his bonus. The final order decreased both support and the percentage of the annual bonus payment, determined an overpayment of support, and changed the allocation of uninsured medical expenses and activities. The mother appealed.
Read MoreSmith v. Smith (Mississippi 2021)
To modify a child support order, there must be a substantial and material change not anticipated at the time of the original order. The initial divorce decree awarded the mother sole physical and legal custody of the two minor children and ordered the father to pay support. Post-divorce, the mother moved to Tennessee and enrolled the daughter in a private school. The son attending a private boarding school. Subsequently, both parents filed petitions to modify custody and support. After a trial, the order granted the mother sole physical and legal custody of the daughter and father sole legal and physical custody of the son, ordered the father to pay half of the daughter’s private school tuition, and ended the father’s support obligation for the son. The court didn’t order the mother to pay support for the son. The father appealed.
Read MoreCraven County v. Hageb (North Carolina 2021)
Specific findings must support a court’s decisions in a child support proceeding. In this proceeding to establish paternity and support for two children, the father was self-employed. The final order set out his income and including these findings: the court reviewed tax returns, his income from a gaming and lottery business was not included in the calculation, and he had significant personal expenses on his tax return. In the final support award, the court gave the father credit for one of two additional children living with him, finding his name was only on the birth certificate for one child. The father appealed.
Read MoreLemus v. Martinez (Wyoming 2021)
A parent must provide proper proof of a legitimate business expense if the parent wants credit in the child support calculation. The father appealed several terms of the district court order, specifically the court’s decision not to give him credit for mortgage interest in his income for child support. The Supreme Court affirmed the child support order.
Read MoreCousin v. Cousin (North Carolina 2021)
A court can use a parent’s prior income to calculate gross monthly income but findings must support the decision. This case came before the district court in early 2018. During the trial, the father testified as to his income so far 2018. Evidence showed his income for 2016 and 2017 and bonuses received during both years. The father testified he had yet to receive a bonus in 2018 and didn’t know if he would. To calculate the father’s income for child support, the district court used his 2017 income and added in an amount to cover a bonus. This meant the parties’ combined adjusted gross income was above the upper limit for the child support guidelines.
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 MoreKillinger v. Killinger (Nebraska 2019)
When a parent has a variable income, it is appropriate to use a three-year average to set child support. The father and mother, who had three children, filed for divorce. The father owned his own business, and his income fluctuated from yearly. At trial, he presented evidence of his income from the previous seven years.…
Read MorePoole v. Kinslow (Tennessee 2019)
If a court finds a parent voluntarily underemployed, it may use the parent’s earning capacity to calculate child support. In this divorce action, the trial court calculated support using the father’s earning capacity. He was self-employed at the time of trial, but he had earned no income. The father appealed. The court of appeals affirmed.
Read MoreSensing v. Sensing (Tennessee 2019)
The parent requesting the child support modification bears the burden of proving a significant variance exists between the existing support amount and the amount based on the parent’s current income. The father filed to modify his child support, and the court denied his petition. He appealed on the basis that the court improperly imputed capital…
Read MoreIn re N.J.C. (Colorado 2019)
Deferred compensation isn’t income for child support when a parent doesn’t have the ability to use the money to pay expenses. The mother and father were unmarried and had a child. The father, a doctor, took a new job, and the mother filed to modify child support. The father’s income consisted of a base salary…
Read MoreIn re Thrailkill (Kansas 2019)
Military retirement benefits are income for child support. The mother filed for divorce. Both parents were retired military. The father was career military and was currently receiving retirement and disability benefits. The mother hadn’t served as long, so she wasn’t eligible for her retirement pay until age 60. The district court equally divided the retirement…
Read MoreIn re Moler (Kansas 2019)
A Kansas Court didn’t have jurisdiction to modify the definition of income contained in a settlement agreement. The father was a high earner. When the parents divorced, they agreed to a base amount of child support, calculated pursuant to the guidelines, plus a supplemental amount if the father earned over $275,000. For the supplemental support…
Read MoreFichtel v. Zirwas (Tennessee 2019)
A bonus payment, structured to benefit a business, may not be income for child support. Depreciation is not necessarily deductible for child support income. The mother, a doctor, filed a petition to relocate the children to Ohio. She had remarried and taken a job with a much lower income. The trial court denied her petition…
Read MoreRiegl v. Lemond (Nebraska 2019)
The Nebraska Child Support Guidelines allow a court to consider a parent’s earning capacity when setting income for child support. The parents filed for divorce. The father, a union electrician, was ordered to pay temporary support. The court set the amount based on the father’s self-reported hourly wage. At the divorce trial, the court heard…
Read MoreDooling v. Dooling (Nebraska 2019)
This appeal addresses a case where the district court made multiple errors in calculating child support. The parents filed for divorce, and the district court set child support for their three children. The father appealed the order, making various arguments about the child support calculation. The mother cross-appealed, arguing the court failed to address the…
Read MoreIn re Whildin (Kansas 2019)
A settlement agreement term that imputes minimum income to a parent for a future modification of child support may be against public policy. As part of a divorce settlement agreement, the parents stipulated that for any future child support modification, the father’s income would be $75,000 or his adjusted gross income, whichever was greater. The…
Read MoreMiller v. Miller (Nebraska 2019)
A child support modification may be denied if the parent’s reduction in income is due to the parent’s own poor financial decisions. The father filed to modify his child support based on a reduction in income. The district court denied the modification, and the father appealed. The appellate court upheld the decision. It found the…
Read MoreThomas v. Thomas (Mississippi 2019)
A parent is entitled to credit against monthly child support for Social Security benefits paid to a child because of a parent’s disability. The parent is also entitled to credit against arrears for a lump sum received after the arrears have accrued. The mother and father filed for divorce. To calculate support, the court determined…
Read MoreScot v. Scot (Tennessee 2019)
Income for a modification of child support must be based on a parent’s most recent actual income. A father filed to change custody and modify child support accordingly. During the hearing, he testified as to his earnings in 2017 and to what he might earn in 2018. The court calculated child support using his prospective…
Read MoreTooker v. Tooker (Colorado 2019)
Non-discretionary educational benefits, such as tuition assistance and a book stipend, are not income for child support. The value of potential income is not necessarily income for child support. The mother filed to modify the father’s child support obligation. The father, a veteran, was receiving tuition assistance and a book stipend from the Post-9/11 Veterans…
Read MoreCarman v. Harris (Kansas 2019)
A parent’s income for child support can be adjusted for specific factors. On appeal, the application of an adjustment is reviewed for an abuse of the court’s discretion. The mother filed to modify child support, among other terms of an initial custody and support order. The district court modified the support based on the parents’…
Read MoreLemus v. Martinez (Wyoming 2019)
Sufficient information must support a determination of income. The parents were never married. They had two children. The parents separated, and the father filed for custody and support. Prior to hearing, the father filed an incomplete financial affidavit and two partial personal tax returns. Testimony during the hearing showed he had wages from a job…
Read MoreIn re Aragon (Colorado 2019)
A worker’s compensation lump sum is income for child support. To factor the lump sum into the parent’s income, divide the lump sum payment by the number of weeks the parent didn’t work. The parents, who have five children, filed for divorce. The father received a lump sum workers’ compensation payment due to a work-related…
Read MoreThomas v. Burgett (North Carolina 2019)
Rent payments are income for child support, but the parent may deduct insurance and property tax attributable to the rental property. The court must complete a four-step analysis before deviating from the guidelines. The parents filed for divorce. They had one child. At the time of divorce, the father was retired and received social security.…
Read MoreOrange County, ex rel., Lacy v. Canup (North Carolina 2019)
The definition of income may include the value of rent when a parent is living rent-free. The parents were not married and had one child. The father acknowledged paternity when the child was born. The child support agency filed an application for order to show case as to why a support order should not be…
Read MoreRosberg v. Rosberg (Nebraska 2019)
Under certain circumstances, a court may analyze a parent’s historical earnings and ability to support a family to set income for child supoprt. The parents in this case filed for divorce. The parents had six children together, in addition to children from other relationships. The father owned Rosberg Farms, but had also been incarcerated in…
Read MoreSimms v. Bolger (North Carolina 2019)
A lump sum payment is properly considered non-recurring income for child support, doesn’t necessarily require a deviation from the guidelines, and evidence is needed to show that making such a payment will impact future income. The father filed to modify his child support obligation. When support was established, the father’s income was a weekly workers’…
Read MoreBreining-Pruitt v. Westfahl (Nebraska 2019)
When calculating income for child support, a parent’s earning capacity can be used instead of their actual income. Earning capacity is determined from work history, education, occupational skills, and job opportunities. The father appealed a district court order which set child support. He argued the district court didn’t properly calculate the mother’s income. Testimony showed…
Read MoreWilliams v. Williams (Mississippi 2019)
The Court may impute income to a parent for child support purposes when the parent’s reported income is clearly inadequate to support his or her lifestyle. In this case, the parents filed for divorce in 2013. The parents had three children, but only one was still a minor. With regards to child support, the mother…
Read MorePeterson v. Peterson (Nebraska 2018)
Alimony shouldn’t be counted as income for child support during initial establishment. The district court entered a final divorce decree, which established child support and alimony. The father requested a new trial. The district court considered his arguments, one of which was to include the alimony award as part of the mother’s monthly income for…
Read MoreIn re Marriage Heine (Colorado 2018)
When parents voluntarily agree to a change in custody, the statute allows support to be modified back to the date of the change. A court has discretion to terminate or modify support for the obligor and establish support for the new obligor. The parents in this case voluntarily changed custody of their children several times.…
Read MoreHill v. Hill (North Carolina 2018)
A trial court must be clear about its process in imputing income. The father appealed the court order that denied his request for a modification of child support and found him in contempt. The father was terminated from his high-income job and requested a modification in support. The father was unemployed for almost four years…
Read MoreCrews v. Paysour (North Carolina 2018)
On remand, a trial court may consider new evidence in a child support hearing. If it doesn’t, the findings of fact and conclusions of law in the order must be based on the existing record. The appellate court remanded the initial order in this case for further findings. During the hearing on remand, the trial…
Read MoreHotz v. Hotz (Nebraska 2018)
The Nebraska child support guidelines exclude alimony from the definition of income for child support purposes. The father appealed a district court order that modified the mother’s support obligation to him and granted her other requested relief. The father argued that his alimony obligation should have counted as income to the mother and that depreciation…
Read MoreReid v. Reid (Tennessee 2018)
In order to find a parent underemployed for child support purposes, the court must apply a list of factors. A parent who inflates expenses while downplaying income isn’t necessarily underemployed as defined by statute. The father filed a petition to modify his child support, and the mother responded with a counter-petition for modification of custody…
Read MoreAnderson v. Anderson (Nebraska 2018)
Courts have some flexibility in determining income for child support purposes. The father appealed the court’s determination of his monthly income for child support. The father owned a lawn care business. He testified that he cashed checks and received cash for services that he did not deposit in his bank account. He also testified that…
Read MoreHewitt v. Hewitt (North Carolina 2018)
Competent evidence must support the finding of income for child support purposes. A parent should receive credit for maintaining health insurance for the children. The father appealed the decree of divorce, arguing that the court didn’t properly determine his income and that he should receive credit for paying for the children’s insurance. The court of…
Read MoreKaiser v. Kaiser (North Carolina 2018)
Findings must support a court’s determination of an asset as income for child support purposes. The mother and the father were divorced, and the trial court set child support. Mother appealed the child support order, arguing that the court incorrectly included capital gains, dividends, and payments from her boyfriend for rent as income. She also…
Read MoreMadigan v. Madigan (North Carolina 2018)
Income for child support purposes is normally based on a parent’s actual income but it can be imputed to a parent if the evidence shows the parent isn’t earning up to his or her earning potential. The mother appealed the trial court’s determination of her income arguing that the trial court improperly imputed income to…
Read MoreGoodrich v. Goodrich (Tennessee 2018)
For child support purposes, a court can impute income to a parent that is higher than the parent’s actual income. The father appealed the district court order finding him underemployed and imputing income to him. He argued that he had involuntarily left his previous job and could not find an equivalent job. The Court of…
Read MoreCalleja v. Calleja (Nebraska 2018)
A court may use actual income, not earning capacity, for child support purposes even when a parent makes a job change and the new job results in less income. The father, a tile installer, left a job to start his own business. As a result, his income decreased. The district court calculated support using his…
Read MoreHarden v. Scarborough (Mississippi 2018)
A child support calculation should reflect the amount of income a parent is actually earning. It shouldn’t be based on a speculated decrease in income. A temporary order set child support for the father based on his income as a teacher and a coach. By the time of trial, the father had resigned his coaching…
Read MoreKeruzis-Thorson v. Thorson (Nebraska 2018)
A parent must provide the cost of a health insurance premium attributable to child to receive a deduction from gross income for purposes of calculating income for child support. The district court gave the father credit for the cost of his health insurance premium. The mother appealed arguing that the father didn’t prove the cost…
Read MoreIn re Marriage of Boettcher (Colorado 2018)
The highest amount of child support on the income schedule is not a maximum presumptive amount. If the parents’ combined income is more than accounted for on the schedule, support may be more based on an application of the statutory factors. The father in this case appealed a modified support order arguing that the highest…
Read MoreSantee v. Santee (Tennessee 2018)
If a court imputes income to a parent for child support, it must make supportive, consistent findings. In this divorce action, the mother didn’t work during the marriage and stayed at home with the children. The trial court imputed the mother to the income of a medical assistant even though mother would have to attend…
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