Quantcast
Home (page 4)

Tag Archives: Child Support

Domestic Relations – Parent & Child – Support Modification – Consent Order – 15 Percent Presumption (access required)

Hess v. Hermann-Hess Although the parties’ consent order required the plaintiff-father to pay $2,000 per month in child support, after three years, he could seek a modification pursuant to the 15-percent presumption in the N.C. Child Support Guidelines. We affirm the trial court’s reduction of the father’s monthly child support obligation to $437.

Read More »

Domestic Relations – Parent & Child – Support – Paternity – Stepfather (access required)

Gunter v. Gunter Although plaintiff’s child was born during the parties’ marriage and defendant’s name is listed as the father on the child’s birth certificate, the parties stipulated that defendant was not the child’s biological father. Since defendant did not enter into a written agreement voluntarily assuming the obligation to support the child, he cannot be ordered to pay child support.

Read More »

Domestic Relations – Parent & Child – Support – Imputed Income – No Bad Faith Findings – Health Insurance – Step-Paren (access required)

Ludlam v. Miller The trial court did “not find that either party has acted in bad faith in having been voluntarily unemployed or that either party has [deliberately] suppressed his or her income to avoid a support obligation to the extent that the court should impute income to each party at a prior income level….”

Read More »

Domestic Relations – Parent & Child – Child Support Modification – Contempt ­– Court-appointed Counsel – Directed Verdict (access required)

Young v. Young A father’s unemployment is not enough to establish the requisite change in circumstances needed for a child support modification where the father applied for only five positions in the course of one year. The father “failed to prove … that his sustained unemployment is involuntary, given his lack of proof with regard to his job search effort and his self-imposed restrictions on his search.”

Read More »

Domestic Relations – Arbitration – Parent & Child – Support – Guidelines – High Income (access required)

Derian v. Derian The parties’ 2005 consent order required the defendant-father to pay $3,209.52 per month in child support “until further Order of the Court or agreement of the parties.” The father reduced his monthly child support payments to $1,600 in December 2005, and the plaintiff-mother accepted the reduced payment without objection for 35 months while she was represented by able counsel.

Read More »

Civil Practice – Subject Matter Jurisdiction – Domestic Relations – Child Support – Incompetent Parent

Clements v. Clements Where the parties initiated their domestic litigation in district court before the defendant-mother was ruled incompetent, the district court retains jurisdiction over the issue of child support, despite the fact that, ordinarily, the clerk of superior court has jurisdiction over expenditures from an incompetent’s estate.

Read More »

Domestic Relations – Parent & Child – Child Support – Civil Practice – Declaratory Judgment Action – Pennsylvania Separation Agreement — Standing (access required)

Preis v. Yoas Where a Pennsylvania court had already determined that the child support provision of the parties’ separation agreement was too vague to enforce, and where the defendant-mother was only attempting to enforce another Pennsylvania court’s subsequent child support order, the plaintiff-father failed to show that litigation over the separation agreement was imminent. We affirm the trial court’s dismissal of plaintiff’s declaratory judgment action for failure to state a claim upon which relief could be granted.

Read More »