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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.

States not liable for violating bankruptcy orders (access required)

Published: July 29, 2011

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States are not liable for attempting to collect delinquent child support payments in alleged contravention of orders in a father’s bankruptcy case, the 11th Circuit has ruled in reversing contempt sanctions.

Bill would aid collection of child support payments (access required)

By: Kimberly Atkins
Published: July 21, 2011

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WASHINGTON – A bill that would aid states in collecting delinquent child support payments has been introduced in the Senate with bipartisan support.

Social Security doesn’t reduce child support arrearage (access required)

Published: July 12, 2011

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Social Security disability payments to dependent children cannot be used to reduce a support obligation owed before the father became disabled, the Wyoming Supreme Court has ruled in affirming judgment.

Supreme Court rules indigent father had right to counsel (access required)

Published: June 20, 2011

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An indigent father’s constitutional rights were violated when he was imprisoned for failing to pay child support without first being provided counsel or afforded other procedural safeguards, the U.S. Supreme Court has ruled in a 5-4 decision.

Support isn’t reduced by adult son’s Social Security (access required)

Published: May 19, 2011

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A father’s child support obligation could not be reduced by monthly Social Security benefits received by his dependent adult son, the New Hampshire Supreme Court has ruled in affirming judgment.

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