Dep’t of Family Servs. v. Currier (Wyoming 2013)

The Fourteenth Amendment’s guarantee of due process did not require the State of Wyoming to provide an indigent party with counsel in a civil contempt proceeding for nonpayment of child support, because Wyoming had sufficient substitute procedural safeguards to protect indigent obligors against the possibility of wrongful incarceration. Respondent was informed of the burden on the State to show a failure to pay court ordered child support was willful; all respondents were provided forms upon which they could set forth current income, asset and liability information and were given opportunity to explain any reasons they may have for failure to pay; and the district court was also required make an express finding as to the obligor’s ability to pay in order to determine whether the failure was willful or not under this section.

Dep’t of Family Servs. v. Currier.pdf