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

In re LaForest (Kansas 2019)

August 2019

An award of attorney fees cannot be offset against child support. A mother and father filed for divorce. The divorce dragged on, and eventually, the mother obtained a default divorce. The father filed to set aside the default order and asked for the attorney fees incurred to prepare the motion.

Herrin v. Perkins (Mississippi 2019)

August 2019

A parent should object to the sufficiency of a contempt pleading at trial. The father and mother agreed to visitation and amounts for current and back child support for their child and a judgment for the mother’s attorney fees. A year later, the mother filed a contempt petition.

In re Moler (Kansas 2019)

July 2019

A Kansas Court didn’t have jurisdiction to modify the definition of income contained in a settlement agreement. The father was a high earner.

Knell v. Knell (Wyoming 2019)

July 2019

The federal Consumer Credit Protection Act (CCPA) limits the amount that can be garnished from a person’s disposable income. A child support order meets the CCPA definition of a garnishment.

Fichtel v. Zirwas (Tennessee 2019)

July 2019

A bonus payment, structured to benefit a business, may not be income for child support. Depreciation is not necessarily deductible for child support income. The mother, a doctor, filed a petition to relocate the children to Ohio. She had remarried and taken a job with a much lower income.

Riegl v. Lemond (Nebraska 2019)

July 2019

The Nebraska Child Support Guidelines allow a court to consider a parent’s earning capacity when setting income for child support. The parents filed for divorce. The father, a union electrician, was ordered to pay temporary support.

Neely v. Neely (Tennessee 2019)

July 2019

A contempt finding has four elements, one of which is a finding that the parent willfully didn’t pay the child support order. A contempt order must specifically address each element.

In re Whildin (Kansas 2019)

July 2019

A settlement agreement term that imputes minimum income to a parent for a future modification of child support may be against public policy.

Dooling v. Dooling (Nebraska 2019)

July 2019

This appeal addresses a case where the district court made multiple errors in calculating child support. The parents filed for divorce, and the district court set child support for their three children. The father appealed the order, making various arguments about the child support calculation.

Kennedy v. Kennedy (Nebraska 2019)

July 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.

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