Woodard v. Woodard (Tennessee 2018)
Courts have authority to establish support for a special needs child who is over the age of majority at the time of a divorce as long as the child became disabled before reaching the age of majority. However, if the initial order did not address support, it cannot be established later. The mother appealed a…
Read MoreSilver v. Silver (Nebraska 2018)
If payment of a child support obligation leaves a parent with a net income below the poverty line, Nebraska courts can consider specific costs related to supporting the child to get the parent back above the line. Supervised visitation is not one of those costs. An award of retroactive support must take into account the…
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 MoreIn re Marriage of Hou and Chu (Kansas 2018)
A court can deviate from the amount of presumptive support as long as findings support the reason for deviation. The divorce decree in this case ordered the father to pay child support, plus half of the children’s extracurricular activities. The father appealed, arguing that an amount for extracurricular activities was included in the guideline calculation.…
Read MoreHance v. Hance (Tennessee 2018)
The juvenile court has exclusive original jurisdiction over dependency and neglect proceedings including child support. If there is also an open action in chancery court, the jurisdiction of the chancery court is suspended. The mother and father in this case divorced in chancery court. A few months later, the father filed to modify the parenting…
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 MoreMetzler v. Metzler (Nebraska 2018)
Due process requires that a court have personal jurisdiction over a nonresident parent before it can determine child support. For a court to have personal jurisdiction over a parent, the parent must have minimum contacts with the state of Nebraska such that the parent could expect to be called into court. The father, a Nebraska…
Read MoreCarlson v. Carlson (Nebraska 2018)
In a divorce, parents may enter into a property settlement agreement (PSA) on all terms, including child support. Once approved, the PSA becomes a judgment, and when construction issues arise, the court must use the four corners of document. During the divorce proceeding, the parents agreed to a term of the PSA that the father…
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 MoreLong v. Long (Wyoming 2018)
A district court must include the presumptive child support amount in a final decree of divorce. That is the basis for any deviation. Prior to the divorce, the mother filed for a protective order in Circuit Court, and the court set support in this action. The District Court incorporated the amount of support in the…
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…
Read MoreThomson v. Holling (North Carolina 2018)
Specific evidence must support the income determination for a self-employed parent. The mother appealed the lower court’s income calculation for the father, who was self-employed. The lower court based its determination on father’s child support worksheet and testimony. The Appellate Court found that the evidence didn’t support the monthly income attributed to the father. He…
Read MoreIn re Joel B. (Tennessee 2018)
It is appropriate to impute a parent to a higher income for child support when the parent voluntarily takes a lower paying job. The mother, an attorney, appealed the lower court’s order imputing a higher income to her. Mother practiced immigration law Tennessee, but then moved to California where she worked as a paralegal, earning…
Read MoreKanka v. Kanka (Tennessee 2018)
Child support can be based on a parent’s earning capacity if the court finds a parent willfully unemployed. The father appealed the order that found him willfully unemployed and imputed income to him in the amount of his salary from his previous job. The appellate court upheld the decision. When determining if a parent is…
Read MoreSchurman v. Wilkins (Nebraska 2018)
Under the Nebraska Child Support Guidelines, child support abatements are discretionary. The father appealed the district court’s order that did not allow for an abatement in support during his summer parenting time. The appellate court found that the decision whether to abate is clearly left to the court. The district court considered evidence of the…
Read MoreKabasan v. Kabasan (North Carolina 2018)
The value of an annuity counts as income for child support purposes without regard to any penalties for surrender or early withdrawal. The father in this case appealed the trial court’s calculation of his income, which included the value of an annuity. The father appealed arguing that the court should have reduced the value to…
Read MoreIn re Ava B. (Tennessee 2017)
When calculating income for child support, capital losses apply only in the year in which they occurred and cannot be carried over into subsequent years. The father appealed the juvenile court’s calculation of his income. The father’s income varied, so the juvenile court averaged his income for several years. The juvenile court did not give…
Read MoreJohnson v. Dominick (Tennessee 2017)
The Tennessee child support guidelines provide that child support starts at the birth of the child and retroactive support must be set accordingly.* If a court deviates from the guidelines, it must make specific findings regarding the factors set forth in Tenn. Code Ann. § 36-2-311(a)(11)(A)(i-iii). Without these findings, the order is defective. The mother…
Read MoreBlack v. Black (Mississippi 2017)
When a parent’s adjusted gross income exceeds $100,000 per year, the Court must make a finding as to whether the application of the guidelines is reasonable. The guideline child support award would be 20 percent of the parent’s adjusted gross income. The father in this case is a surgeon whose adjusted gross income is more…
Read MoreMarshall v. Marshall (Nebraska 2017)
The definition of income for child support purposes is flexible and fact-specific, according to the Nebraska Supreme Court. This lines up with the equitable nature of child support proceedings. The trial court in this case split the difference between the parents’ proposed income for father. In overturning the appellate court decision, the Court found that…
Read MoreDrabbels v. Drabbels (Nebraska 2017)
The court should not include employer-paid health insurance as income to a parent for child support. In this case, the father’s employer pays the health insurance premium for the father and the child. The district court included this cost in the father’s monthly income but did not give him credit for the premium amount off…
Read MoreSarno v. Sarno (North Carolina 2017)
North Carolina courts must follow the statutory process for deviating from presumptive child support. The mother appealed the court’s deviation from presumptive support arguing that the court failed to make the required findings. In North Carolina, the court can consider a deviation after determining the presumptive support amount, considering evidence regarding the child’s need for…
Read MoreIn re Grace N. (Tennessee 2017)
This is the second appeal of this case. The parties appealed the child support calculation in the first order and are now appealing the calculation in the amended order. The Mother appeals the trial court’s calculation of the Father’s income with respect to the proceeds of a property sale and barter income, the court’s exclusion…
Read MoreWilliams v. Williams (Tennessee 2017)
Tennessee statutes require that an initial support order contain a judgment for retroactive support or findings to support deviating from the requirement. In this divorce action, the court awarded primary custody of the children to father. The court ordered no current support because mother was receiving social security. Prior to the custody order, the children…
Read MoreIn re Conner F. (Tennessee 2017)
When determining income for child support, the court can consider a parent’s lifestyle if the lifestyle is inconsistent with the amount of income the parent claims. The father appealed the lower court’s income determination. The record showed that he represents his income inconsistently. He made claims of a high yearly income, but provided documents that…
Read MoreAraujo v. Araujo (Nebraska 2017)
Distributions from a trust fund are income to a parent for purposes of child support. When determining income for child support, the court can consider a parent’s earning capacity as opposed to their actual earnings. The mother appealed this child support order and argued that trust distributions were not income. She also argued that the…
Read MoreMississippi Dep’t of Human Services v. Porter (Mississippi 2017)
UIFSA does not require an initiating tribunal or registered child support order for a responding tribunal to have subject matter jurisdiction to establish a support order. Additionally, UIFSA calls for the responding state to apply its laws and procedures to the order, including its age of majority. The state of Illinois requested Mississippi’s assistance in…
Read MoreKolar v. Tester (Nebraska 2017)
The court appropriately used its discretion to calculate income for a father who regularly works more than a 40-hour work week. The father testified that he works between 45 – 50 hours per week, even though he is only guaranteed 40. He is paid at a higher rate for the additional hours. The court calculated…
Read MoreCollins v. Mississippi Dep’t of Human Services (Mississippi 2017)
A parent’s obligation to support a child financially does not end even when their relationship has deteriorated due to extreme behavior from the child, especially when the parent also had a role in the decline of the relationship. The mother in this case appealed a child support order obligating her to pay support for her…
Read MoreAli v. Ali (Mississippi 2017)
When setting child support for a high-income parent, a strict application of the guidelines may not be reasonable. The court must make findings to support its decision. In this case, the chancery court found that applying the child support guidelines to an income greater than $100,000 was not reasonable and set child support based on…
Read MoreParrish v. Griggs (Tennessee 2017)
In Tennessee, the obligation to support a child begins at birth unless there is a statutory basis for deviation. The deviation factors revolve around the father not knowing about the child or the possibility of his paternity. The appellate court reviews the support order for an abuse of discretion if appealed. In this case, the…
Read MoreSansom v. Sansom (Tennessee 2017)
The value of a house, given as a one-time gift, should not have been included in this parent’s gross income for child support. The trial court found that the house, under the facts of this case, could only fall into one income category – a gift that could be converted to cash. The trial court added…
Read MoreNunnally v. Nunnally (Tennessee 2017)
In a child support case, the court must have reliable evidence of income above a parent’s regular wages in order to include it in the income calculation. The trial court in this case calculated the parents’ incomes using only their hourly rates even though they testified to additional monthly income. The appellate court found no…
Read MoreIn re: Jalen O-H (Tennessee 2017)
A court can order retroactive support in different amounts for different periods of time as long as evidence supports the determination. The parents in this case had multiple custody arrangements since the child’s birth. The court reviewed the terms of each custody agreement and the time it was in place, the parents’ incomes during that…
Read MoreState ex. re. Williams v. Woods (Tennessee 2017)
Child support is due to a child’s primary caregiver even if that person is not a parent. However, the caregiver must request support and be a party to the action. In this case, mother petitioned the court for child support as the child’s primary caregiver even though the child lived his step grandparent during the school…
Read MoreBajestani v. Bajestani (Tennessee 2017)
A parent, with a college degree and other qualifications, is considered voluntarily unemployed if the parent is not actively seeking work and income can be imputed to calculate the child support obligation. The mother in this case had a bachelor’s degree in civil engineering and spoke three languages, and the court found she was not…
Read MoreFuller v. Fuller (Tennessee 2016)
Child support income for a self-employed parent should not include reasonable and ordinary business expenses or the value of any asset distributed as marital property. In this case, the father was a self-employed financial planner. The trial court failed to subtract the amount of business expenses from his gross income. The trial court also included…
Read MorePeak v. Peak (Wyoming 2016)
If a parent fails to file a financial affidavit, the Court can calculate income for child support using the testimony and evidence presented at hearing. In this case, the father failed to answer the divorce complaint and was defaulted. He was provided notice of the default hearing, but he failed to appear and did not…
Read MoreThomas v. Crews (Mississippi 2016)
Substantial and credible evidence must support a child support award. The chancellor found credible evidence that father was the sole member of a limited liability company, he earned a salary from the company, the business had turned a profit, and the business had ongoing operating expenses. The chancellor used this evidence to set father’s income…
Read MoreState ex. rel. Rogers v. Lewis (Tennessee 2016)
A child support order is void if it relieves a parent from the obligation to support a child. The original child support order in this case approved an agreement of the parties that the father maintain health insurance or pay for future medical expenses. While no current support was ordered, no provision prohibited a future…
Read MoreBurcham v. Burcham (Nebraska 2016)
An adoption subsidy should not be counted as income to a parent when calculating child support. In this case, the parents received a monthly subsidy for three adopted special needs children. The subsidy was meant to supplement the parents’ incomes and assist with the extra costs that come with raising special needs children. Since it…
Read MoreLueallen v. Lueallen (North Carolina 2016)
When establishing a child support obligation, income can be imputed to a parent who is found to be voluntarily unemployed and motivated by a desired to avoid their reasonable support obligation. Evidence must support the intent to avoid the support obligation. The appellate court in this case found that income had properly been imputed to…
Read MoreSmith v. Williams (Mississippi 2016)
A parent who requests reimbursement for birth and other child-related expenses incurred prior to the establishment of a support order must provide proof of the expenses, and the proof must be admitted into evidence. The mother in this case did not provide sufficient proof of her expenses, and the court did not order reimbursement.
Read MoreMarshall v. Marshall (Nebraska 2016)
*This case has been reversed and remanded for entry of the decree of the district court, see Marshall v. Marshall, 298 Neb. 1 (2017). The amount of a parent’s monthly income must be based on evidence and reasonable. When parties have competing amounts for one parent’s income, the court may not determine income by splitting…
Read MoreStack v. Stack (Tennessee 2016)
A Tennessee court may modify another state’s child support order when the order has been registered in Tennessee, the court has personal jurisdiction over the parties, and the parties have provided the issuing state with written consent to Tennessee’s ongoing jurisdiction. In this case, the parties filed a Notice of Filing of Agreed Order with…
Read MorePatrick v. Patrick (Oklahoma 2016)
Child support may only be awarded for an adult disabled child if there is a causal relationship between the disability and the child’s inability to support him or herself. In this case, the mother could not be ordered to support an adult child who had entered treatment for drug and alcohol abuse. Assuming that substance…
Read MoreThayer v. Thayer (Tennessee 2016)
The choice to work a lower paying job may mean the parent is voluntarily underemployed for purposes of child support. The parent’s decision must be reasonable in light of the obligation to support his or her child. The Court may consider these factors: past and present employment, education, training and ability to work, and other…
Read MoreCatalano v. Woodcock (Tennessee 2016)
In a divorce proceeding, the requirements for service by publication must be strictly complied with or any resulting order will be void for a lack of personal jurisdiction, which can include the child support order.
Read MoreMosher v. Mosher (Mississippi 2016)
A child support issue must be properly raised in the lower court, or it is procedurally barred from appellate review. The lower court has an obligation to review all child support agreements to ensure the support amount is adequate and sufficient to support the child.
Read MoreOster v. Ratliff (Mississippi 2016)
A father argued his two children emancipated for purposes of ending child support because they had moved out of their mother’s home into an apartment and were employed full time. The Court found the children were full-time students, not full-time employees, and depended on their parents for financial support.
Read MoreState on behalf of Ja’Quezz G. v. Teablo P. (Nebraska 2016)
The method of notice of a paternity action must be reasonably calculated to inform the Defendant the action is pending and give the Defendant a chance to object. If a Defendant fails to appear at a hearing after proper service, a default order can be entered.
Read MoreMalone v. Hutchinson-Malone (North Carolina 2016)
The North Carolina child support statutes specifically identify the circumstances under which a child support obligation terminates; however, parents can agree to a duration for the obligation that is more generous, but not more restrictive.
Read MoreIn re Marriage of Gross and Gross (Colorado 2016)
When a parent voluntarily relinquishes parental rights, the obligation to support the child does not end until a final order of relinquishment is entered.
Read MoreTidwell v. Tidwell (Tennessee 2016)
A parent’s failure to raise the issue of voluntary/willful unemployment with respect to the other parent’s income is a waiver of this issue.
Read MoreState v. Coldwater (Oklahoma 2016)
In Oklahoma, parents may receive credit in a child support calculation for children from other relationships who they support. The court must determine the number of qualified children and that number will then be inserted on the child support calculation form.
Read MoreIn re JB (Oklahoma 2015)
Adoptive parents are required to pay child support after they relinquish their parental rights to their adopted child.
Read MoreIn re Andrea R. (Tennessee 2015)
An upward deviation in the child support amount for private school tuition must be supported by a specific finding that the expense is appropriate. This finding must be based on evidence of the financial circumstances of each parent and the child’s lifestyle. In re Andrea R.pdf
Read MoreLubell v. Lubell (Tennesee 2015)
Private school tuition and other approved extraordinary educational expenses should be considered as a deviation from the guideline child support amount and added to the base child support award.
Read MoreBurnham v. Burnham (Mississippi 2015)
An agreement for child support that is chancellor–approved will not be reviewed on appeal if the agreement was not presented to the trial court for review.
Read MoreState ex rel. Brown v. Shipe (Tennessee 2015)
An incarcerated parent is considered voluntarily underemployed or unemployed, and is not excused from paying child support while in prison.
Read MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
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 MoreState on behalf of AE v Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreLasu v. Issak (Nebraska 2015)
When a household has a combined monthly income below the poverty level, a minimum support order is appropriate.
Read MoreGladwell v. Gladwell (Tennessee 2015)
Court of Appeals upheld trail court award of federal income tax deduction for children to Mother.
Read MorePrice v. Snowden (Mississippi 2015)
The Court of Appeals reversed Chancery Court decision finding father was not in contempt of court.
Read MoreIn re Gabriel V. (Tennessee 2015)
The Court of Appeals upheld the District Court decision that did not give Father credit for providing “necessaries” for the child.
Read MoreState of Nebraska v. Bryan B and Monica D (Nebraska 2015)
A parent must prove cost of health insurance before being awarded a deduction for child support purposes.
Read MoreHayes v. Hayes
An upward deviation in child support without a specific finding to support the increase will be viewed as an abuse of discretion.
Read MoreHayes v. Hayes (Tennessee 2015)
If an obligor receives variable income, the income may be averaged over a reasonable period of time. Courts may make this determination on a case-by-case basis.
Read MoreLevene v. Levene (Wyoming 2014)
In making a determination of voluntary unemployment, the court shall consider: (A) Prior employment experience and history; (B) Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent’s income; (C) The presence of children of the marriage in the parent’s home and its impact on the earnings of…
Read MoreOrtiz v. Ortiz (Kansas 1956)
The marriage of a minor child does not automatically terminate the child support obligation of the minor.
Read MoreEdwards v. Edwards (Kansas 1958)
An order of temporary support, in a divorce action, is merely a temporary provision for a child’s support until the final determination of the divorce action. The order for temporary support does not become a final judgment of 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 MoreWhisler v. Whisler (Kansas 1984)
Parents cannot legally reduce or terminate a child support obligation by contractual agreement. That right is the child’s and can be reduced or terminated only by court order.
Read MoreRose v. Rose (Federal, US Supreme Court, 1987)
Veteran’s Administration Disability payments are considered income and should be used for the satisfaction of child support obligations.
Read MoreIn re Marriage of Peak (Kansas 1989)
A child support obligation terminates “when a child goes to live with the other parent” is clarified and restricted to situations where a permanent change of residence is involved.
Read MoreDowdy v. Dowdy (Wyoming 1993)
Slight deviations from the guidelines without issuance of the proper findings does not require appellate courts to reverse and remand back to a district court.
Read MoreState ex rel. Hermesmann v. Seyer (Kansas 1993)
The issue of consent to sexual activity under the criminal statutes is irrelevant in a civil action to determine paternity and for support of a minor child born of such activity.
Read MoreIn re Marriage of Emerson (Kansas 1993)
Supplemental security income benefits being received by a minor child may not be considered in determining the presumptive child support due under the child support guidelines.
Read MoreIn re Marriage of Beacham (Kansas 1994)
Child support worksheets approved by the court shall be filed in every case where an order of child support is entered after the effective date of the Kansas Child Support Guidelines.
Read MoreScruggs v. Chandlee (Kansas 1995)
The child support guidelines provide that the non-custodial parent may deduct the amount of child support paid for those children from his or her gross income.
Read MoreIn re Marriage of Lewallen (Kansas 1995)
For the purposes of the Kansas Child Support Guidelines, a farmer is a self-employed person whose domestic gross income is that person’s gross income less those actual expenditures reasonably necessary for the production of income.
Read MoreIn re Marriage of Lewallen (Kansas 1995)
In determining child support obligations under the Kansas Child Support Guidelines, the taxable income shown in a tax return is not always a reliable indication of domestic gross income.
Read MoreThomas v. Thomas (Wyoming 1996)
The legislature intended the change in the age of majority to apply prospectively only and not to apply to an existing court decree such as a child support order.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Although discretionary, the Kansas Child Support Guidelines extrapolation formula must be considered by the trial court when income exceeds the child support schedules.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Although discretionary, the Kansas Child Support Guidelines extrapolation formula must be considered by the trial court when income exceeds the child support schedules. Child support worksheets approved by the court shall be filed in every case where an order of child support is entered.
Read MoreIn re Marriage of Johnson (Kansas 1997)
For child support computations, where a parent is paying for family health insurance that covers individuals from more than one family, the cost of the family coverage should be divided among the number of individuals who are covered by the insurance and that number should then be multiplied by the number of children subject to…
Read MoreIn re Marriage of Johnson (Kansas 1997)
Under the Kansas Child Support Guidelines, income may be imputed to the non-custodial parent if that parent is deliberately unemployed or underemployed.
Read MoreWood v. Wood (Wyoming 1998)
Individual is not voluntarily underemployed because (s)he voluntarily commits a crime, which limits their employment options, if evidence reveals that they make a good faith effort to find the highest paying job possible given their situation.
Read MoreIn re Marriage of Thurmond (Kansas 1998)
The Kansas Child Support Guidelines are the basis for establishing and reviewing child support orders in the district courts in Kansas. Judges and hearing officers must follow the guidelines. Child support obligations are calculated by completing the Child Support Worksheets.
Read MoreState ex rel. Secretary of SRS v. Mayfield (Kansas 1998)
In an action to establish an order for support of the child, failure to join any person as a party shall not deprive the court of jurisdiction to determine whether a party to the action has a duty to support the child and, if so, to enter an order for support.
Read MoreIn re Paternity of IC (Wyoming 1999)
A court has the authority to deviate a child support obligation downward based on insurance and travel costs.
Read MoreRoseman v. Sackett (Wyoming 1999)
A non-custodial parent has the responsibility of showing that business deductions are reasonable and appropriate.
Read MoreIn re Paternity of IC (Wyoming 1999)
Where mother voluntarily leaves employment to become a full-time student, a district court can reasonably find she is voluntarily unemployed, and can impute her income from prior years.
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