July 2022 | 2022 WY 88 (2022)

Carroll v. State ex rel. Dep’t of Family Services, Child Support Enforcement (Wyoming 2022)

To set aside an order, there must be unusual circumstances. The child support order at issue in this case was set in 2012. The father was ordered to pay $50 per month, the statutory minimum. The father challenged the statute setting the statutory minimum as unconstitutional several times but was unsuccessful. In the latest legal action, the District Court modified the support order to $0 and entered a judgment for his arrears. The District Court denied his motion to set aside the order. The father appealed, arguing the child support statute was unconstitutional because it created an irrebuttable statutory minimum child support order. The Supreme Court affirmed. To set aside an order, there must be unusual circumstances, and the father didn’t show any. The original order was entered in 2012, and he didn’t argue the unconstitutionality of the statute then. He didn’t appeal the 2012 order. The Supreme Court found he couldn’t use a motion to set aside as a substitute for an appeal of the underlying judgment.

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