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 ACH (Colorado 2019)

March 2019

An established psychological parent, who has sought and obtained an allocation of parental responsibilities, can be ordered to pay child support. In this case, the mother had a child from a previous relationship. The mother and father had their own child.

Simms v. Bolger (North Carolina 2019)

March 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.

Watauga County v. Shell (North Carolina 2019)

March 2019

A child support action doesn’t need to be stayed pending an appeal in a custody case. The mother and father were parties to a child custody case filed by their children’s paternal grandparents in Watauga County, North Carolina.

State of Nebraska on behalf of Walter E. v. Mark E. (Nebraska 2019)

March 2019

The existence of a juvenile court child support order divests the district court of jurisdiction to enter a second order. The State of Nebraska filed a petition in juvenile court for custody and placement of a child.

Columbus County DSS ex rel. Moore v. Norton (North Carolina 2019)

March 2019

A court should consider a parent’s income and assets to decide if the parent has the present ability to pay child support. The father appealed the court’s order finding him in contempt for failure to pay support.

Welch v. Peery (Nebraska 2019)

March 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.

Independent Contractors and Nontraditional Workers: Implications for the Child Support Program

March 2019

An increasing number of parents are employed in non-traditional jobs where income withholding is not available. This article identifies issues for the child support program with the “gig economy.” The research yielded three key findings: the larger number of parents employed in this manner means less consistent child support payments, automated enforcement tools have limited use for collecting support, and outreach to the parents and the employers may be the most effective way of collecting support.

Wilkinson v. Wilkinson (Mississippi 2019)

February 2019

A prima facie case for contempt in a child support case is made once a parent entitled to support shows the other parent has not paid. Then, the burden of proof shifts to the paying parent to defend the nonpayment.

Breining-Pruitt v. Westfahl (Nebraska 2019)

February 2019

When calculating income for child support, a parent’s earning capacity can be used instead of their actual income. Earning capacity is determined from work history, education, occupational skills, and job opportunities.

Pruitt v. Pruitt (Tennessee 2019)

February 2019

In order for a judgment to be set aside under Rule 60.02, there must be a material mistake of fact.

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