September 2020 | 2020 WY 111 (2020)

Webb v. State of Wyoming (Wyoming 2020)

When a parent agrees to an amount of child support, the parent then has no grounds to later argue the order was unconstitutional. The father appealed an order of the district court denying his request to modify his $50 child support order. The initial divorce decree set the child support at the statutory minimum of $50 that was then in place. The father agreed to the amount. Two years later, he filed to modify support and argued the order was unconstitutional in that the minimum child support amount was irrebuttable and conflicted with federal law. The Supreme Court upheld the order. Both the state and the father agreed that the relief requested would have to be provided relief from a judgment under Rule 60(b)(6). The Supreme Court found that the father had agreed to the $50 amount in the initial order, and he didn’t appeal the original divorce decree. He couldn’t use a Rule 60(b)(6) motion to correct his failure to appeal.

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