Welcome to the YoungWilliams Research & Case Law Library.  Use the filters below to select categories of interest to you.  Currently our Library consists of academic and government research articles and reports from around the country, federal opinions, and case law from states in which our full service child support projects are located: Colorado, Kansas, Mississippi, Nebraska, North Carolina, Tennessee, and Wyoming.  Sign up to receive updates by clicking the blue  box at the left of the page.

Disclaimer:  YoungWilliams does not endorse the reports or opinions expressed by non-YoungWilliams authors, nor do we endorse the entities that initially released or published the materials posted on our website.

 

Research & Case Law

Kabasan v. Kabasan (North Carolina 2018)

January 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.

County of Durham v. Hodges (North Carolina 2017)

January 2018

Evidence of a parent’s ability to pay must support a contempt order. The father in this case appealed a contempt order arguing that the evidence showed he had no ability to pay support. The contempt order was a pre-printed form that didn’t contain any findings of fact.

Spires v. Simpson (Tennessee 2017)

December 2017

In a wrongful death action, a parent, who seeks recovery for the death of a child yet owes child support for that child, cannot recover any proceeds until satisfaction of the child support arrears. The mother and father in this case married and had a child.

Life After Welfare

December 2017

This report, which includes a chapter on child support, examines outcomes of Maryland families who left cash assistance, focusing on their characteristics, employment and earnings outcomes, and the receipt of other public benefits.  The main findings indicate that families’ financial situations improved after exiting Maryland’s Temporary Cash Assistance (TCA) program, compared with their circumstances before they came onto the program. Nonetheless, these families struggle to rise above poverty and maintain independence from cash assistance.

Among families who had a current support order for child support, 71% received a payment in the year after exit. These families received just under $1,800, representing an approximate 20% increase in median earnings ($8,154) however only 40% of families had an order for current support in the year after exit.

In re Ava B. (Tennessee 2017)

December 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.

An Evaluation of the Kansas Child Support Savings Initiative

December 2017

The Child Support Savings Initiative was developed and implemented by Kansas to help parents who owe child support pay off debt while also saving for their children’s higher education. Parents who meet their current support obligations and make deposits into college savings plans, known as 529 accounts, receive matching reductions in their child support debts. 

Using behavioral science, MDRC designed and tested ways to improve parental participation. MDRC was able to confirm other research that it is difficult to encourage individuals with low and moderate incomes to save money, and that parents owing past due child support might face even greater challenges to saving. The results of this study suggest that there are limitations in marketing child savings accounts to parents who owe past due child support and, perhaps, to low-income parents in general.

Lasecki v. Lasecki (North Carolina 2017)

December 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.

TSR v. State of Wyoming (Wyoming 2017)

December 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.

Mitchell v. Moore (Mississippi 2017)

November 2017

The dismissal of a paternity complaint is not a jurisdictional bar to the refiling of the complaint. In this heirship action, relatives of the deceased challenged his child’s status as his heir, arguing that the paternity order was void.

State ex rel. Schrita O. v. Robert T. (Tennessee 2017)

November 2017

A mother has standing to bring a paternity action in juvenile court even if the child has a legal guardian. In this case, the grandfather of the child had been his legal guardian since birth.

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