Nakauchi v. Cowart (Colorado 2022)
Due process requires parents in direct pay cases receive advance notice of the entry of an income withholding order (IWO) for future child support payments. The mother, who paid her child support directly, filed suit against the county for violating her right to due process when it sent her employer an IWO without notice. The trial court agreed and entered a state-wide injunction requiring notice to obligors concurrently with the entry of an IWO for future support. The Mother appealed, arguing concurrent notice was inadequate to protect her rights. The County also appealed, arguing the injunction was unnecessary.
Read MoreFox v. Ozkan (Kansas 2022)
The doctrine of acquiescence to a judgment applies when a parent complies with an income withholding order. A judgment for unreimbursed medical expenses was entered against the father. When the judgement was entered, an income withholding order was also put in place. After his motion for reconsideration was denied, he appealed. In the meantime, he satisfied the judgment.
Read MoreKnell v. Knell (Wyoming 2019)
The federal Consumer Credit Protection Act (CCPA) limits the amount that can be garnished from a person’s disposable income. A child support order meets the CCPA definition of a garnishment. The parents in this case divorced, and the order set support and entered a judgment against the father for the amount agreed to in the…
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 MoreUnited States v. Morton (Federal, US Supreme Court, 1984)
An employer is not liable to a non-custodial parent for complying with an income withholding order appearing to be valid on its face from a state tribunal.
Read MoreIn re Marriage of Scott (Kansas 1998)
Income withholding for purposes of enforcement of child support obligations is provided by Kansas statute.
Read MoreUnion Pac. R.R. v. Trona Valley Credit Union (Wyoming 2002)
Child support wage withholding has priority over any other garnishments.
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