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Subchapter S distribution didn’t affect child support (access required)

Published: May 10, 2012

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A distribution that a divorced wife received from her Subchapter S corporation for investment in another business did not affect the amount of her former husband’s child support payments, the Minnesota Court of Appeals has ruled in reversing judgment.

Divorced father entitled to dependency tax exemption (access required)

Published: May 4, 2012

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A divorced father could claim a dependency exemption on his federal income taxes – even though his child’s mother refused to sign the form ordinarily required by the IRS for such exemptions, the U.S. Tax Court has ruled.

Parents can stipulate to minimum child support level (access required)

Published: April 11, 2012

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Public policy does not prohibit the parties to a divorce stipulating to an unmodifiable, limited-duration floor on the husband’s child support obligation, the Wisconsin Supreme Court has ruled in affirming judgment.

Husband must pay for twins from in vitro fertilization (access required)

Published: March 19, 2012

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A husband who consented to the artificial insemination of his wife using donor sperm and eggs cannot avoid paying child support for twins born as a result of the procedure, the Massachusetts Court of Appeals has ruled in affirming judgment.

Divorced father can be ordered to pay for college (access required)

Published: March 12, 2012

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A divorced father could be ordered to pay his adult child’s college expenses, the South Carolina Supreme Court has ruled in reversing judgment.

State court can’t modify child support order (access required)

Published: February 2, 2012

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A state court lacked jurisdiction to modify a child support order after the parties and their children had left the state, the Nevada Supreme Court has ruled in reversing judgment.

ERISA doesn’t block attachment of father’s retirement funds (access required)

Published: January 3, 2012

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Federal law did not prevent a mother from obtaining an order to attach her husband’s retirement account for the purpose of paying a substantial child support arrearage that had accrued during the parties’ divorce proceedings, the Virginia Court of Appeals has ruled in reversing judgment.

SSI recipient may be subject to child support order (access required)

Published: November 22, 2011

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A recipient of Social Security disability benefits could be ordered to pay support for a child that she gave birth to out of wedlock, regardless of her present inability to pay, the Kentucky Supreme Court has ruled.

Father not entitled to tax exemptions for kids (access required)

Published: October 28, 2011

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Despite the terms of a couple’s divorce agreement granting a father the right to claim tax exemptions for his children, because the children spent more than half of the year living with their mother the father is not entitled to the deductions, the U.S. Tax Court has ruled.

U.S. can’t be sued for failing to garnish father’s benefits (access required)

Published: October 24, 2011

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The federal government is immune from liability for damages arising from its failure to withhold Social Security disability benefits payments in accordance with a child support garnishment order, the New Jersey Appellate Division has ruled in vacating a $119,000 judgment.

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