Kimzey v. Kimzey (Wyoming 2020)

To modify a stipulated child support order, there must be a substantial change of circumstances in addition to the required change in the support amount. The parents divorced and in the decree stipulated to a child support amount lower than the guideline amount. Following the mother’s move to Arizona, the father filed to modify custody and support. The district court found that mother’s move was a material change of circumstances but found it didn’t warrant a change in custody. The district upwardly modified the father’s support obligation based on a change in the amount of support. The father appealed. The Supreme Court affirmed the custody decision but reversed the decision as to the child support modification. The Supreme Court applied precedent and found that the modification of a stipulated agreement must be based on a change of circumstances other than the required change in amount of support. The mother argued that the district court had the ability to modify any provision of the divorce decree once it found a material change of circumstances regarding custody. The Supreme Court was not persuaded.