Beck v. Beck (Nebraska 2019)
To modify a child support order, a parent must show a substantial change of circumstances which occurred after entry of the most recent order and wasn’t contemplated when the order was entered. A change is a parent’s financial situation can qualify. The mother filed to modify the child support provision of the original divorce decree.…
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 MoreBruton v. Bruton (Mississippi 2018)
If a child support award is above the guideline amount, the Court must justify the award. In his case, the original divorce decree required the father to pay support plus day care and 60 percent of the children’s private school tuition and fees. Two years later, the father filed for a modification. The modified order…
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 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 MoreCampbell v. Campbell (Mississippi 2018)
Modification of a child support order is only appropriate when there is a substantial change of circumstances that was not reasonably anticipated at the time of an agreement. The father appealed an upward modification of his child support. The terms of the original decree included a per child support amount and specified the conditions under…
Read MoreRobeson County Enforcement Unit v. Harrison (North Carolina 2018)
A substantial change of circumstances must occur for a child support order to be modified. The father appealed an order modifying his support arguing that there was no substantial change of circumstances. His income had increased, but it increased some time ago. In fact, the parties agreed to the previous order, and his income had…
Read MoreSummerville v. Summerville (North Carolina 2018)
A child support order cannot be modified sua sponte. The father appealed a district court order modifying his child support obligation, arguing that neither party had requested a modification of support. The appellate court agreed and found that there was no request to modify child support before the court. There is a line of North…
Read MoreState v. Rogelio L. (Nebraska 2018)
In a modification action, the court may deviate from presumptive support for children born subsequent to the order. The father filed to modify his support order based on a reduction in his income. The father testified he didn’t pay taxes, but deducted taxes to reach his proposed net income. The district court dismissed the modification…
Read MoreCovil v. Covil (Nebraska 2018)
A Nebraska district court can’t modify certain terms of another state’s order. The father and mother were divorced in Florida. The mother moved to Nebraska and received court permission to move with the children. Nebraska registered the Florida order. The Father filed to modify the order in Nebraska. He requested credit for past payments, support…
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 MoreGipson v. Jackson (Mississippi 2018)
If a court deviates from the presumptive amount of child support, it must make findings as to why the application of the guidelines is unjust or inappropriate. The father appealed the Chancery Court order that increased child support by $200. The order did not contain any specific findings as to father’s adjusted gross income or…
Read MoreMcKinney v. Hamp (Mississippi 2018)
A supersedeas bond, authorized by Mississippi Rule of Appellate Procedure 8(a), will not stay enforcement of an order for prospective, monthly child support pending appeal. A signing bonus for a parent-athlete is part of the parent’s gross income for child support purposes. A court has the discretion to modify an order back to the date…
Read MoreSmith v. Doe (Mississippi 2018)
A party must move to set aside a final judgment within six months if the party is alleging misconduct by the other party as the grounds for the set aside. In the case at hand, the father and mother settled their divorce. The terms included a higher than guideline amount of child support and father…
Read MoreLasecki v. Lasecki (North Carolina 2017)
An unincorporated settlement agreement is a contract, and the agreed-to child support obligation can’t be modified based on a change of circumstances like a court-ordered obligation. The father appealed the district court’s decision not to reduce his support obligation based on his lower income. The appellate court held that a trial court is without authority…
Read MoreTSR v. State of Wyoming (Wyoming 2017)
As long as the process meets statutory requirements, a court may deviate from presumptive support for later-born children. The mother appealed the district court’s decision to deviate downward from presumptive support for a child born of the father’s current marriage. The district court calculated presumptive support for the parties’ child. The court then calculated the…
Read MoreRoberts v. Roberts (Nebraska 2017)
The definition of income for child support is flexible, and the court has wide discretion on what to include and exclude as income. This case addresses a wide variety of issues with calculating income for child support. The district court properly excluded a housing allowance and danger pay from the father’s income but inappropriately included…
Read MoreCatawba County ex rel. Rackley v. Loggins (North Carolina 2017)
Catawba County ex rel. Rackley v. Loggins, No. 152PA16 (N.C. 2017). A court maintains subject matter jurisdiction to modify a child support order even without a formal motion for modification. The parents filed a modified voluntary support agreement and order in 2001. The father failed to pay current support regularly and was involved in many…
Read MoreScobey v. Scobey (Tennessee 2017)
A parent must present evidence of their most recent actual income when determining income for a child support modification. The father requested a modification of his support and used outdated income information to calculate the new obligation. The trial court denied the modification and the appellate court upheld the decision. The appellate court found the…
Read MorePlummer v. Plummer (Mississippi 2017)
When a parent’s income varies from year to year, the court must use its discretion in calculating the monthly income for child support. In this child support modification action, the Chancellor averaged the father’s high and low adjusted gross income to reach his income for child support. The appellate court found this appropriate. The Chancellor…
Read MoreSardon v. Sardon (Tennessee 2017)
The Tennessee statutes allow courts to deviate from the presumptive child support amount for the cost of children’s extracurricular activities. The evidence in this case clearly supported the cost of the activities, and the father did not object to the activities other than he felt mother didn’t consult him. The appellate court upheld the trial…
Read MoreIn re CT: Taylor v. Timmons (Mississippi 2017)
When a substantial change of circumstances occurs, a court can modify a child support order. If the court deviates from the new presumptive amount, written findings must support the deviation. In this case, the father appealed his modified order, which increased his support amount from $300 to $1,500 per month. He argued inadequate findings. The…
Read MoreHalim v. El-Alayli (Tennessee 2017)
A parent who requests more than the capped amount of child support must prove by a preponderance of the evidence that the upward deviation is reasonably necessary to support the children. In this modification action, the mother requested child support plus additional amounts for the caretaker for a special needs child, camp, food, utilities, vacation,…
Read MoreDavis v. Davis (Mississippi 2017)
A parent who requests a modification of a support order must show a substantial change of the circumstances that existed at the time of the court order. The change must be unforeseen and happen after entry of the order. In this case, the father was convicted of a felony after the order was entered. Finding…
Read MoreKephart v. Kephart (Tennessee 2016)
If a parent is receiving social security disability, no support is due if the amount of the benefit exceeds the presumed amount of support. The statute does not contemplate that the parent will retain the difference between the presumed amount of support and the social security benefit.
Read MoreZupan v. Zupan (Wyoming 2016)
The parent who petitions to modify a stipulated child support order must show a material change in circumstances as well as a 20 percent change in the support amount. This rule addresses the issue of a parent agreeing to a support amount 20 percent lower or higher than the presumptive amount only to petition for…
Read MoreHarris v. Porter (Mississippi 2016)
A child’s decision to attend college may be a material change in circumstances that warrant modifying child support. By statute, additional expenses can be added to a support amount, such as college tuition. The father in this case claimed the obligation to pay for half his child’s college expenses would seriously affect his lifestyle; however,…
Read MoreFuller v. Fuller (Kansas 2016)
Due process requires that the party filing to modify a child support order give notice of the request to the other parent. The other parent is entitled to an opportunity to be heard and a reasonable amount of time to prepare a defense.
Read MoreIn re Gabrielle R. (Tennessee 2016)
A review of the child support amount automatically follows a petition to modify parenting or visitation time and does not require a specific request.
Read MoreStevens v. Stevens (Nebraska 2016)
The order being appealed must be a final order, not a conditional order. The Order in this case adopted recommendations made by a child support referee, but gave the parties 14 days to make exceptions to the recommendations. Because the finality of the order was conditioned on the parties taking or not taking exceptions, it…
Read MoreCook v. Iverson (Tennessee 2015)
The Court must make a specific finding that a parent is voluntarily underemployed or unemployed before imputing income.
Read MoreDellit v. Tracy (Wyoming 2015)
A district court may deviate from a presumptive child support amount even when a party is receiving a government benefit on a child’s behalf as long as the Court makes a finding to support the reduction.
Read MoreProchaska v. Prochaska (Nebraska 2009)
When setting a child support obligation for an obligor with multiple families, the court may deviate from a strict application of the guidelines as long as it considers the facts of the case.
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 MoreRutherford v. Rutherford (Nebraska 2009)
The failure to attach the child support worksheet to every child support order is an abuse of discretion.
Read MoreIn re Chase (Tennessee 2015)
The Tennessee Code allows for judges in a county to agree that the juvenile court will have jurisdiction to set, enforce, and modify support orders.
Read MoreLowrey v. Simmons (Mississippi 2015)
A child support obligation will not be terminated just because the relationship between the child and the obligor parent has deteriorated.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreMurphy v. Murphy (Nebraska 2008)
When a parent’s own actions lead to a reduced income, there is no substantial change in circumstances that would justify modifying a child support order.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreStekr v. Beecham (Nebraska 2015)
In a modification proceeding, the court may consider all of a parent’s financial resources, including the value of non-income producing assets, such as a house with no mortgage.
Read MoreCollins v. Collins (Nebraska 2012)
A material change in circumstance sufficient to justify modifying a child support order must exist at the time of trial, evidence must support the change, and it must be more than a temporary change.
Read MoreBranch v. Branch (Mississippi 2015)
Adjusted gross income for income tax purposes and adjusted gross income for the purpose of calculating child are not necessarily the same amount.
Read MoreSellers v. Sellers (Nebraska 2015)
Where a strict application of the child support guidelines is presumed, a father’s request for a deviation from the guidelines was not supported by sufficient evidence.
Read MoreAnderson v. Anderson (Mississippi 2015)
A stipulated child support agreement will be treated as though court-ordered, and the amount will not be reviewed for a modification unless there is a material change of circumstances that occurred after the agreement was entered.
Read MoreLewis v. Pagel (Mississippi 2015)
Modification of a support order can be considered as long as the arrears have been reduced to judgment.
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 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 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 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)
When a child goes to live with the other parent, but it is not a permanent change in custody, “abatement” is accepted as a court ordered modification.
Read MoreHasty v. Hasty (Wyoming 1992)
A trial court has the authority to deviate from guidelines by considering non-custodial parent’s support obligations to later born minor children of subsequent marriages.
Read MoreIn re Marriage of Case (Kansas 1994)
Voluntary termination by a child support obligor from higher paid employment to accept lower paid employment is always suspect.
Read MoreSharpe v. Sharpe (Wyoming 1995)
The denial of visitation rights by either the custodial parent or the child does not constitute a change in circumstances justifying the reduction or termination of the non-custodial parent’s support obligation.
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)
In determining domestic gross income of a farmer under the Kansas Child Support Guidelines, a total disregard of depreciation in farming operations is an abuse of discretion by a court.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Statute gives the trial court the jurisdiction to modify child support and education provisions of minor children, even if they were provided for in a property settlement agreement.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Statute gives the trial court the jurisdiction to modify child support and education provisions of minor children, even if they were provided for in a property settlement agreement. Departures from the child support guidelines must be explained by the trial court.
Read MoreIn re Marriage of Patterson (Kansas 1996)
The extrapolation formula contained in the Kansas Child Support Guidelines for income beyond the child support schedules is discretionary and does not establish a rebuttable presumption as to the level of appropriate support.
Read MoreIn re Marriage of Johnson (Kansas 1997)
If a reasonable person could conclude that a parent is not deliberately unemployed or underemployed, it is not an abuse of discretion for the district court to refuse to impute the parent’s former income in calculating the child support obligation.
Read MoreIn re Marriage of Thurmond (Kansas 1998)
The fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.
Read MoreRupp v. Grubb (Kansas 1998)
Where a parent is incarcerated in a correctional facility, the fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.
Read MoreRupp v. Grubb (Kansas 1998)
Where a parent is incarcerated in a correctional facility, the fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.
Read MoreGentzel v. Williams (Kansas 1998)
The Uniform Interstate Family Support Act provides statutory jurisdiction in the district courts to modify a child support order of another state.
Read MoreIn re Marriage of Schoby (Kansas 2000)
The marriage of a minor is not a “terminating event” which automatically allows a payor parent to stop making child support payments for that child.
Read MoreIn re Marriage of Myers (Kansas 2002)
When both parties to a divorce and the subject child or children have moved out of Kansas, Kansas loses continuing, exclusive jurisdiction to modify a child support order.
Read MoreIn re Marriage of Brand (Kansas 2002)
There are many factors to consider when determining what amount of a Subchapter S corporation’s income should be included as income of its shareholders for purposes of calculating child support. In those cases where income can be manipulated because of the ability to control distributions, heightened scrutiny should be exercised.
Read MoreBarnett v. Cusimano (Kansas 2002)
There is no authority within the guidelines to increase the non-custodial parent’s child support obligation through an upward adjustment under the supplemental visitation category based solely upon the non-custodial parent’s failure to exercise visitation or spend quality time with a minor child.
Read MoreIn re Marriage of Metz (Kansas 2003)
Whether the district court has the authority under Uniform Interstate Family Support Act to modify its child support order involves whether it has subject matter jurisdiction, which is a question of law over which an appellate court has unlimited review.
Read MoreMcCulloh v. Drake (Wyoming 2005)
A change from shared custody to primary custody creates a rebuttable presumption of a change in circumstances occurred significant enough to warrant modification of child support.
Read MoreIn re Marriage of Branch (Kansas 2007)
A lump sum severance payment is considered income for the purposes of child support calculations.
Read MoreIn re Marriage of Ormiston (Kansas 2008)
The term income as it is used within the Kansas Child Support Guidelines (Guidelines) has been broadly interpreted by Kansas appellate courts to mean every conceivable form of income, whether it be in the form of earnings, royalties, bonuses, dividends, interest, maintenance, or rent.
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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