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

Kanka v. Kanka (Tennessee 2018)

January 2018

Child support can be based on a parent’s earning capacity if the court finds a parent willfully unemployed. The father appealed the order that found him willfully unemployed and imputed income to him in the amount of his salary from his previous job. The appellate court upheld the decision.

Schurman v. Wilkins (Nebraska 2018)

January 2018

Under the Nebraska Child Support Guidelines, child support abatements are discretionary. The father appealed the district court’s order that did not allow for an abatement in support during his summer parenting time.

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.

Custodial Mothers and Fathers and Their Child Support: 2015

January 2018

This report provides an overview of children who have one parent living outside of the household and their custodial parents.  The data used for this report are from the Child Support Supplement (CSS) to the April 2016 Current Population Survey (CSS) which provides demographic information about custodial parents as of 2016, as well as child support and other income or program data for the 2015 calendar year.  The report also compares the current data to data collected from the 1994 April CPS CSS and subsequent biennial surveys.

Integrating A Two-Generation Approach to Child Support Services: Colorado’s Service Level Approach

January 2018

In 2013, the Colorado Department of Human Services, Division of Child Support Services began a shift in culture toward a family-centered, two-generation (2Gen) approach.  As part of this effort, the child support program implemented services across generations within families. This document, prepared for the Colorado Department of Human Services,  provides guidance for establishing and implementing a 2Gen approach to service delivery at the local child support agency level. 

An Evaluation of the Oregon Parenting Time Opportunities for Children Grant: 1) Mediation; 2) Interactive Parenting Plans Center for Policy Research

December 2017

In 2012, the Federal Office of Child Support Enforcement made “Parenting Time Opportunities for Children” (PTOC) grant awards to five states. The grants were intended to: …improve the financial and emotional support of children in the child support system by increasing safe opportunities for them to build relationships with both parents. The parenting time grants focus on providing opportunities to create formal parenting time arrangements at the point of child support order establishment.

Oregon received one of the PTOC grants and proposed to use two distinct approaches to extending the opportunity to create a parenting time plan to parents with child support cases.  One approach was the creation of a network of mediators who would provide nevermarried, low-income parents the chance to mediate a parenting-time agreement. The project was housed with Oregon’s child support system. The second approach was the development of an interactive web-based program that parents could use to generate a parenting plan. The Center for Policy Research (CRP) of Denver, Colorado, was retained to conduct a distinct evaluation of each approach that the Oregon Department of Justice pursued. This report presents the results of both studies

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.

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