Peak v. Peak (Wyoming 2016)

If a parent fails to file a financial affidavit, the Court can calculate income for child support using the testimony and evidence presented at hearing. In this case, the father failed to answer the divorce complaint and was defaulted. He was provided notice of the default hearing, but he failed to appear and did not file a financial affidavit. The father was self-employed. The court calculated his income for child support after hearing testimony and reviewing evidence that included his pay stubs, financial statements, a business tax return, and a personal tax return. Using this evidence to support the income determination complies with the statutory provision that requires a financial affidavit be filed or the court hold a hearing and receive testimony.