Lemus v. Martinez (Wyoming 2019)

Sufficient information must support a determination of income. The parents were never married. They had two children. The parents separated, and the father filed for custody and support. Prior to hearing, the father filed an incomplete financial affidavit and two partial personal tax returns. Testimony during the hearing showed he had wages from a job as well as self-employment income. However, he filed no business tax returns. Using the various pieces of information, the court set a monthly support obligation based on his wages and income from rental properties. The father appealed, arguing the court abused its discretion. The Supreme Court reversed the order and remanded for further evidence as to father’s income. Wyoming statute requires a child support order be based on full disclosure of a parent’s income either through testimony or the financial affidavit. The Court found the evidence of the father’s income was inadequate. The Court found the father testified he had at least three businesses, yet the record only contained information about his income from one. The Court further noted it is not uncommon for courts to require additional information on a parent’s income.