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 MoreIn re Pretz (Kansas 2023)
Under the law of the case, a motion to modify support can’t be used to relitigate issues already decided by the court in a previous stage of the case. The district court granted the father’s motion to modify child support. The mother did not appeal this order. Almost immediately, the mother filed a new motion…
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 MoreHoard v. Barrom (Tennessee 2022)
A court is without jurisdiction to modify a support order once a child has emancipated. The state of Tennessee petitioned to modify the father’s support order. The child turned 18 the following month. The trial court modified the order. A year later, the father moved to set aside the order, arguing the trial court had no jurisdiction to modify since the child had turned 18 and graduated from high school before order entry. The court denied the motion to set aside. The father appealed. The appellate court vacated the support order.
Read MoreHornsby v. Hornsby (Mississippi 2022)
A parent requesting a modification based on a reduction in income must show a corresponding change in his or her lifestyle. The father, a self-employed lawyer, requested a modification of child support. The chancery court denied his request. The father appealed. The appellate court affirmed. The father argued the chancery court improperly granted a motion in limine that excluded relevant evidence. However, the father made no proffer of evidence during the trial and, on appeal, failed to specify any specific evidence that was excluded.
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 MoreMDHS 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 MoreTaylor v. Taylor (Tennessee 2022)
An order must contain findings of fact to support an upward deviation for extraordinary educational expenses. This award is in addition to presumptive support. The parents had two children. The father’s original support order included an upward deviation for private school tuition. The parties filed numerous post-divorce motions. In the latest action, following a bench trial, the trial court modified support. The final order was then amended. The support amount in the amended order differed from the support amount in attached worksheet, and the father was ordered to “pay per pay period.”
Read MorePonder v. Ponder (Mississippi 2022)
An upward modification can be retroactive to the date of the event justifying the upward modification. When the parents divorced, they had joint physical and legal custody of the child, and no support was ordered. The decree was later modified to grant the mother physical custody of the child. The order stayed entry of a child support order for 90 days. He was to find employment during that time or notify the mother of his failure to find employment so she could take the next action.
Read MoreGrace v. Grace (Tennessee 2022)
In January 2017, the parties registered a Kentucky decree of divorce in Tennessee. In 2020, the father asked to modify the visitation schedule, and the mother counter-petitioned to modify support. Specific to support, the trial court entered a judgment for arrears due under the Kentucky order from January 2014 – December 2016. It then modified support, effective January 2017. The trial court denied the mother’s request for pre and post judgment interest. The mother appealed the order’s child support provisions. The appellate four affirmed in part and reversed in part.
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 MoreIn re Jonathan S. (Tennessee 2022)
A parent who requests a modification must prove a significant variance exists in the support obligation. When imputing income, the court must consider the statutory factors. The father requested a modification of child support. The trial court found the mother voluntarily underemployed and imputed income to her at the rate of her former job, which was in a different city. The mother appealed.
Read MoreBerens v. Berens (North Carolina 2022)
The prohibition again retroactive modifications of support only applies to past due support. This divorce proceeding, specifically the setting of child support, in this case was prolonged. The father filed to modify the child temporary support order, while the entry of the permanent order was on appeal. The appellate court affirmed the permanent child support order. In the latest appeal, the mother appealed the modification of the permanent order. The father filed to modify based on the emancipation of a child.
Read MoreKubica v. Morgan (North Carolina 2022)
A court has jurisdiction to hear a claim for child support within a child custody proceeding. The father filed to modify custody. The modified order granted primary physical custody to the mother. She then filed a motion to modify child support. The father filed to dismiss the motion, arguing the court had no jurisdiction to hear child support within a custody proceeding. The trial court denied the motion. The father appealed, arguing the trial court lacked subject matter jurisdiction over the child support issue.
Read MoreKelley v. Zitzelberger (Mississippi 2022)
To modify a child support order, a parent must show a material change of circumstances that was unforeseen at the time of the original order. The father retired from the military and requested a modification of child support. The parents had orally agreed to reduce support and that the father would pay for certain expenses. The father wanted to offset the expenses with his arrears. The chancery court denied his request and entered a judgment for arrears. The appellate court affirmed.
Read MoreWallace v. Wallace (Mississippi 2022)
Parents can’t unilaterally modify child support. The parents divorced in 2011, and the final divorce decree set out their visitation schedule and ordered the father to pay support. With time, the children alternated weeks with each parent. The father stopped paying support in 2017. In 2019, the mother filed to modify custody, support, for a finding of contempt for the father’s failure to pay support, and sought relief for other issues.
Read MoreTucker v. Tucker (Wyoming 2023)
The record must contain sufficient evidence to support the determination of income for child support. This modification case was initially brought by the State. The father then filed his own petition. After a lengthy period, the district court entered an order modifying the father’s obligation. The mother appealed. She alleged the evidence didn’t support the calculation of the father’s income.
Read MoreTolliver v. Tolliver (Mississippi 2022)
To modify child support, a parent must show a material change of circumstances that were unforeseen at the time of the original order. The father worked full-time and held several side jobs. Following a mandatory COVID-10 quarantine, he didn’t report back to work at his full-time stating he still had symptoms, yet he still worked at his side jobs. He was terminated and the letter noted he continued to work at outside employment while receiving paid sick leave. He requested a modification of his child support.
Read MoreNowell v. Stewart (Mississippi 2022)
The modification of a child support order requires an unforeseen change of circumstances. The parent requesting the modification bears the burden of proof. The mother filed to modify child support based on the increased cost of the child’s special needs. After a lengthy proceeding, the chancery court enterd an order increasing support. The chancery court found the child’s needs had increased and had extensive medical expenses. The chancery court made the modification retroactive and entered a judgment.
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 MoreBarus v. Coffey (North Carolina 2022)
A motion to modify child support is sufficient if it contains allegations in line with statutory requirements for a presumptive modification. The trial court dismissed the father’s motion to modify child support for failure to state a claim finding the motion didn’t provide the mother with sufficient notice. The father appealed and the appellate court reversed and remanded.
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 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 MoreTigart v. Tigart (Tennessee 2021)
A child support order can be modified when there is a significant variance, which means at least a fifteen percent difference in the current support obligation and the proposed support amount. In the original parenting plan, the parents agreed to an upward deviation in child support so the children could enjoy the same lifestyle. The mother filed to modify the parenting plan and for contempt. The father answered and filed a motion to set aside the divorce decree. The trial court denied the father’s motion to set aside but reduced support based on the father’s new amount of parenting time and his additional child. The mother filed a motion to alter or amend the judgment arguing there was no substantial variance in support.
Read MoreSnowden v. Jaure (Wyoming 2021)
A parent who chooses not to work can be considered voluntarily underemployed. The father filed to modify support based on an increase in the mother’s income. In her financial affidavit, the mother represented she had no income. She testified she had worked in the oil and gas industry, had been laid off due to the pandemic, and was choosing to stay at home with her younger children. The trial court reduced her prior earnings by twenty five percent and imputed her at that amount. The father’s financial affidavit showed he only worked 20 hours per week.
Read MoreJohnson v. Johnson (Nebraska 2021)
For child support to be properly before the court, the pleading must contain the right language. The original divorce decree granted the parents shared custody of their two children and set child support at zero. The father filed to modify custody and support and the mother counterclaimed for a modification of custody and support consistent with the Nebraska guidelines. The final order found neither party met the burden to change custody. The mother filed to alter or amend the order requesting the court address a material change of circumstances with respect to support. Following a hearing, the trial court entered an order for father to pay the mother. The father appealed.
Read MoreSallae v. Omar (Nebraska 2021)
A parent who seeks to modify a child support order must show a ten percent change in support, upward or downward, due to financial circumstances which have lasted three months and that will most likely continue for another six months. In this case, the initial support order required the father to pay monthly child support of $50. The mother filed to modify support citing the parties change in employment and income. Testimony showed the father had worked but was not working at the time of hearing. He testified he could only work 20 hours per week, and he suffered from sleeping issues and other ailments. He offered no supporting documentation. The mother was eligible for a raise, which meant the child no longer qualified for Medicaid. She was going to have to insure him through her employer-provided insurance.
Read MoreAbney v. Pace (Tennessee 2021)
If a parent provides health insurance for a child on top of the court-ordered insurance, the cost must be a reasonable for the parent to receive credit for the premium. In the parent’s divorce decree, the father was ordered to pay support and provide health insurance. The father filed to modify support. The mother answered claiming the father had not provided her with proof of the insurance and she counterclaimed for contempt for failure to pay support.
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 MoreIn re Rees (Kansas 2021)
When a parent voluntarily leaves a higher paying job, the court must determine if the termination was for rational and sufficient reasons and the parent can’t find a similarly paying job. The father moved and found a lower paying job. He petitioned to modify his child support based on his reduced income. As the reason for his move, the father presented evidence he no longer had visitation rights to the child and he would be closer to his family. The trial court granted his petition and reduced support. The mother appealed.
Read MoreNielson v. Nielson (Nebraska 2021)
A parent who seeks to modify a child support order must show an unforeseeable material change of circumstances that occurred after the entry of the original decree. The parents agreed to child support in the initial decree, even though the amount didn’t match the child support worksheets attached to the order. The father failed to pay, and the mother filed for contempt. Subsequently, the father filed to modify his child support order based on a downturn in his business.
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 MoreThornton v. Thornton (Mississippi 2021)
In the absence of specific findings, evidence in the record must support the award of the child tax exemption to a parent. In the latest appeal of this case, the mother appealed a court order changing custody of the younger child to the father, reducing his child support, and awarding him the income tax exemption for the younger child.
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 MoreChurch v. Jones (Tennessee 2021)
The effective date of a modified order can be set as of the date of the modification petition, the date of the final hearing, or any appropriate date in between. The father filed to modify support based on his reduced income. It took almost four years for this proceeding to end. In the final order, the court reduced support and, applying its discretion, set the effective as the last day of final hearing. The father appealed.
Read MoreIn re Yocky (Kansas 2021)
The Kansas Supreme Court has broad authority to promulgate the child support guidelines. The Kansas Supreme Court has statutory authority to establish child support guidelines. The guidelines require a parent to notify the other parent of any change in income which might be a substantial change of circumstances. The rules provide for sanctions for a failure to report. The mother requested a review of the support obligation. The father’s income had increased substantially since entry of the initial order and he failed to notify the mother. The court granted the mother’s request for sanctions, and the father appealed.
Read MorePorter v. Porter (Nebraska 2021)
To be considered final and appealable, an order must affect a substantial right. The mother filed to modify child support and served the father, who appeared at the initial hearing. He failed to appear at a later hearing and the court entered a default judgement against him for support. The father filed to vacate or alter the order, and the trial court set aside the judgment. The mother appealed.
Read MoreAmsden v. Amsden (Nebraska 2021)
A settlement agreement is subject to the principles of contact law. If the parties haven’t agreed to essential terms, then there is no agreement. Following the father’s filing of a petition to modify custody, the parents in this case reached a settlement agreement. The parties read the agreement into the record during court, acknowledging the child support worksheet still needed to be completed. The trial court gave the parties time to do so. Eventually, the father filed a motion to enforce the agreement. The trial court granted the motion and ordered the mother to pay support. The mother appealed.
Read MoreBennett v. Bennett (Mississippi 2021)
The expenses associated with raising a child are expected to increase as the child ages but the specific amount isn’t foreseeable. An action to modify the child support amount may be necessary. The mother filed to find the father in contempt for failure to pay child support and to modify the order. She alleged her expenses had increased since the father hadn’t exercised visitation, the father had failed to pay his share of medical expenses, and the father had a second job and was earning additional income.
Read MoreLangley v. Langely (Nebraska 2021)
A correct result in a child support modification will not be set aside even if the court applied the wrong reasoning. In the original divorce decree, neither party was ordered to pay support based on the close to equal parenting schedule. The mother filed to modify custody and the father counterclaimed to modify custody and support. The father alleged his reduced income as a substantial change of circumstances. The trial court granted the modification based on the amount of time the children spent with each parent and ordered the mother to pay support. The mother appealed.
Read MoreState ex rel. Roberts v. Crafton (Tennessee 2021)
A child support order may be void on grounds of public policy if it relieves both parents of their obligation to pay support. The original divorce decree in this case ordered the father to pay half of the children’s private school tuition in lieu of child support. If the children stopped attending private school, then support would be calculated under the guidelines. Subsequently, the case was transferred from Circuit Court to Juvenile Court. The father filed many motions all with the objective of setting aside the tuition provision.
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 MoreState on behalf of Pierce K. v. Jacob K. (Nebraska 2021)
An abatement of child support is discretionary. The father filed a contempt petition against mother for violating their parenting plan. He asked to be awarded custody of their child and for a modification of child support. The trial court granted the father’s petition, set a new visitation schedule, and ordered the mother to pay support. The mother appealed arguing the court erred in modifying custody and ordering her to pay support.
Read MoreScott 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.
Read MoreIn re Ralph (Kansas 2021)
Due process requires a modification filing include all statutorily required documents. In 2017, the father filed to modify child support but failed to include the required domestic relations affidavit (DRA) or child support worksheet (CSW). In her answer, the mother noted the missing documents. Father took no further action until 2019 when he filed again, this time including the DRA and child support worksheet. He requested support be modified retroactive to the date of the 2017 filing. He argued equity demanded he be given credit for child support. The trial court modified support prospectively but denied his request for retroactive support. The father appealed.
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 MoreBrown v. Brown (Wyoming 2021)
Unless an order contains the required findings, a child support order is assumed to be presumptive support and only requires a change in amount for modification. The original divorce decree ordered the father to pay support. He later filed to modify the divorce decree. The final order modified support based on an increase in the support amount sufficient to meet the required twenty percent change. The father appealed.
Read MoreKelly v. Kelly (Nebraska 2021)
Child support orders set under the guidelines are presumably correct. The divorce decree in this case ordered the father to pay child support. The amount included an upward deviation to account for the father’s share of expenses. The father was also ordered to provide health insurance. In 2018, The father lost his job, and the mother began providing health insurance. The mother filed to modify custody and support and the father counterclaimed. In the order for modification, specific to support, the trial court used the father’s proposed calculation to set support, which used the mother’s 2018 income rather than her current, actual income. The order discontinued the deviation and set out a detailed expense sharing plan. The trial court declined to give the mother retroactive credit for her provision of health insurance. The mother appealed.
Read MoreMahlendorf v. Mahlendorf (Nebraska 2021)
A consent judgement is not subject to appellate review. The original divorce decree had been modified several times to reflect various changes. The first modification allowed the mother to move from Nebraska. The father was awarded a deviation in support to account for his travel costs to see the children in Tennessee. The parents modified the order a second time and carried the deviation for travel expenses forward. The mother filed to modify the decree a third time. The mother requested an increase in support due to higher incomes and the deviation be eliminated. After a day at trial, the parents asked the court to weigh in on the presented evidence.
Read MoreYeutter 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.
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 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 MoreSommer v. Sommer (Nebraska 2020)
Child support payments should be set according to the guidelines. A deviation is appropriate if application of the guidelines is unjust or inappropriate. In this modification action, the mother appealed the court’s order requiring her to pay child support. She argued husband’s trial testimony showed he agreed to a downward deviation so that she wouldn’t…
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 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 MoreState v. Andreasen and Henley (Nebraska 2020)
A deviation in the amount of presumptive child support is allowed when applying the guidelines would be unjust or inappropriate. Any deviation must be in the child’s best interests. The mother appealed an order denying her request to move out of state with the child, granting physical custody to the child to father, and ordering…
Read MoreWerner v. Werner (Nebraska 2020)
To modify a support order, a parent must show a material change in circumstances that occurred after the entry of the latest order and that wasn’t contemplated upon entry of the order. The Nebraska order at issue in this case involved a split custody arrangement. The older child lived with the father, and the younger…
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 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 MoreAbraham v. Abraham (Tennessee 2020)
A request for an upward deviation for extracurricular activities is discretionary. A parent must support the request with evidence of the expenses. This post-divorce action came before the court on several grounds. Specific to child support, the mother requested an upward deviation in child support for the children’s extracurricular activities. The trial court denied the…
Read MoreDixon v. Olmstead (Mississippi 2020)
Proof of a substantial change of circumstances isn’t required when a IV-D agency petitions for a modification under the three-year review statute. However, the record must contain evidence of the parent’s income. The father filed to terminate support and his parental rights to a minor child. The Mississippi Department of Human Services (MDHS) filed a…
Read MoreThompson v. Thompson (Nebraska 2020)
To receive credit for health insurance premiums, a parent must provide specific information as to the cost attributable to the child. The father filed to modify custody and support. After hearing, the district court modified child support based on the birth of the father’s first child but didn’t give credit for an unborn child. 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 MoreKrohn v. Krohn (Mississippi 2020)
A court must approve any custody change. Without a court order, there may be no right to support. In this divorce, the mother was awarded primary custody of the child. The father was ordered to pay support and alimony. Post-divorce litigation regarding custody and child support began almost immediately. The father lost his high paying…
Read MoreFrost v. Monahan (Nebraska 2020)
Nebraska statute provides for an abatement of child support during extended visitation but the trial court has discretion over its application. The mother and father had a child and shared parenting time under a Stipulated Agreement. The father filed to modify custody, and the mother counterclaimed, requesting permission to move out of state. The trial…
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 MoreKimzey v. Kimzey (Wyoming 2020)
To modify a stipulated child support order, there must be a substantial change of circumstances in addition to the required change in the support amount. The parents divorced and in the decree stipulated to a child support amount lower than the guideline amount. Following the mother’s move to Arizona, the father filed to modify custody…
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 MoreIn re Shockman (Kansas 2020)
The trial court has the authority to manage legal proceedings, which can include delegation of child support matter to a court trustee. The father filed to modify the custody and support provisions of a divorce decree. The scheduling order indicated that the child support would be referred to the court trustee. The trial court heard…
Read MorePumroy v. Sisco (Mississippi 2020)
A child’s emancipation is grounds for modification of a child support order. The mother and father, who had three children, divorced. The father was ordered to pay support for the three children. The father was ordered to pay support for their three children. This order was subsequently modified, and the child support provision stated that…
Read MoreWilder v. Wilder (Tennessee 2020)
An order that doesn’t adjudicate all of the issues before the court is not final and not ready for appeal. The parents in this case filed competing petitions to modify child support for their three children. The father, the payor, requested a downward modification, arguing his income had decreased. The mother requested an upward modification…
Read MoreCain-Swope v. Swope (Tennessee 2020)
A parent can request a discretion from the child support obligation for extraordinary educational expenses. The parents divorced, and the mother was ordered to pay support. The parents engaged on ongoing litigation. Specific to this appeal, the mother filed to modify support, requesting a deviation from support since she paid for the child’s private school…
Read MoreBest v. Oliver (Mississippi 2020)
To modify a child support order, there must be a material change in circumstances that wasn’t foreseeable when the original order was established. While an increase in a child’s expenses is foreseeable, the amount of the increase is not. The mother and father divorced, and the father was ordered to pay support for their only…
Read MoreKibbe. v. Kibbe (Tennessee 2020)
The court has discretion to craft a child support award that will best support a child with extraordinary medical needs as long as the court considers all available resources. The parents’ initial divorce decree addressed the needs of their special needs child. The mother primarily cared for the child, and the father was granted visitation.…
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 MoreCarter v. Thompson (Nebraska 2020)
The trial court has discretion to determine if a modified child support order will be retroactive. The mother filed to modify child support in February 2016, and the father cross-appealed to modify custody and support. The trial court entered an order on September 28, 2018, increasing the father’s child support retroactive to February 2016. The…
Read MoreParsons v. Parsons (Tennessee 2019)
A parent must properly plead for a modification otherwise it shouldn’t be considered during a court proceeding. In this post-divorce action, the mother filed for contempt and breach of contract against the father. In their marital dissolution agreement (MDA), the mother was to receive a portion of the father’s supplemental federal retirement benefit. When a…
Read MoreHodgen v. Hodgen (Nebraska 2019)
A child support abatement will be granted when the parent meets the criteria in the decree. The parents divorced, and the decree contained a provision that allowed the father to abate his child support during June, July, and August as long as he had the children for visitation 28 days or more during the summer.…
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 MoreSchwager v. Messer (Tennessee 2019)
The start date for a modified child support amount is the date that the action as filed. The parents divorced, and in the decree agreed to a downward deviation of support for two years. At that time, they would exchange financial information and recalculate support. Six years later, the mother filed to modify the child…
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 MoreKennedy v. Kennedy (Nebraska 2019)
A parent who requests a modification of child support must show a material change in circumstances occurred after the entry of the original decree and that wasn’t contemplated when the decree was entered. A lower income isn’t necessarily a change if the parent’s choices led to the reduction. The state of Nebraska filed to modify…
Read MoreMartin v. Borries (Mississippi 2019)
A voluntary reduction in income is not a substantial change of circumstances for a modification of child support. A change must be unforeseen. At the time of the parents’ divorce, the father worked overseas and earned a substantial amount of money. After the divorce, his job ended, and he moved back to Mississippi and found…
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 MoreOswald v. Oswald (Nebraska 2019)
A modification request may be denied when the parent has voluntarily resigned from a job. The father filed to modify his support obligation. The father had resigned from a high paying sales job when the company restructured his compensation plan and was working at a job that paid significantly less. After hearing, the district court…
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 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 MorePearrow v. Pearrow (Nebraska 2019)
The district court has flexibility to craft an appropriate support amount when parents have an unusual custody arrangement. The worksheet must still accompany the order so the appellate court can properly review an order. The parents divorced and agreed to joint physical and legal custody of the children. A year later, the mother filed to…
Read MoreEwing v. Evans (Nebraska 2019)
To modify a child support order, a change in circumstances must occur after the entry of the original order. A parent who shows a change of 10 percent or more in the support, which amounts to at least $25, creates a rebuttable presumption that the order should be modified. Shortly before the parents’ divorce was…
Read MoreTroester v. Troester (Nebraska 2019)
A parent who seeks a modification of child support must show a substantial change of circumstances that happened after the entry of the order. In this case, the parents filed for divorce and stipulated to child support in a settlement agreement. The father farmed and sold corn seed at the time of the divorce. Several…
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 MoreWelch v. Peery (Nebraska 2019)
Any modification of child support or waiver must be in the child’s best interest. The mother in this case filed a petition for permission to move out of state, and the father opposed it. The mother testified she was willing to waive support so that the father could have additional money for travel. In the…
Read MoreHall v. Hall (Nebraska 2019)
A parent must provide specific evidence of income for child support but it can come from several sources. The mother filed a motion to modify custody and support. The district court denied the modification of custody and increased mother’s child support. It found mother’s income had increased and credited her with a fewer number of…
Read MoreMcCall v. McCall (Mississippi 2019)
When divorcing parents agree a property settlement, including child support, the court will treat the settlement like any other contract. The parents in this case filed for divorce and signed a property settlement, in which they agreed to the amount of monthly child support and a lump sum child support payment. Subsequently, the father filed…
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