Lemus v. Martinez (Wyoming 2021)

2021 WY 66 (2021)
May 2021

A parent must provide proper proof of a legitimate business expense if the parent wants credit in the child support calculation. The father appealed several terms of the district court order, specifically the court’s decision not to give him credit for mortgage interest in his income for child support. The Supreme Court affirmed the child support order. The district court properly acknowledged mortgage interest as a legitimate business expense. The district court had issues with the father’s lack of proper proof of the mortgage interest. He failed to provide the widely-accepted Form 1098, which documents mortgage interest. He testified he lost the form and couldn’t get a copy. His accountant testified he had never had a situation where a bank couldn’t reprint a Form 1098. The Supreme Court found no abuse of discretion in the court’s decision not deduct mortgage interest when determining the father’s monthly income.