MDHS v. Reaves (Mississippi 2022)
A child support payment vests in the child, and once paid, is not reimbursable. The father was ordered to pay child support in the divorce decree. The father filed to modify custody, and child support was addressed in several orders throughout this proceeding. The final order addressing child support found the father was entitled to reimbursement by the Mississippi Department of Human Services (MDHS) for overpaid support. MDHS appealed.
Read MoreBowmaker v. Rollman (Nebraska 2021)
Principles of equity may guide a trial court in crafting a decision under specific circumstances in a child support case. The mother registered a Kansas divorce decree in Nebraska and then filed to modify it and for a finding of contempt against the father for a failure to pay support. Prior to hearing, the parties agreed to a parenting agreement that modified child support. The court approved the agreement pending resolution of several other issues. Prior to entry of the final order, the father filed to set aside the parenting agreement due to a significant decrease in his income. The trial court set aside the agreement but offered the mother the opportunity to do additional discovery about the father’s income.
Read MoreSchimpf v. Hardy (Mississippi 2019)
A non-custodial parent should receive credit for child support paid pursuant to an interim order. By a decree of divorce, the mother was granted custody of two children, and the father was ordered to pay support. The father filed to modify custody and support and for contempt. The mother answered and filed a counterclaim. An…
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 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 MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
If a payment is in excess of the arrearage, the excess benefit accrues to the child as a gift and may not be credited to any arrearage that accumulated prior to the months covered by the lump-sum payment.
Read MoreIn re Marriage of Taber (Kansas 2012)
Gratuitous contributions from governmental agencies cannot be used to reduce or diminish a parent’s obligation to furnish child support.
Read MoreIn re Stephenson and Papineau (Kansas 2013)
An obligor parent is not entitled to reimbursement for timely child support payments made during months for which the minor children ultimately receive a retroactive lump-sum payment of the obligor parent’s Social Security disability benefits.
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