Tucker v. Tucker (Wyoming 2023)
Wyoming statute requires a child support order be based on specific financial information. This case has a long procedural history. The mother and father divorced and child support was ordered in the final decree. The State filed to modify support in 2017. The district court entered a temporary order modifying support in 2018. In 2021,…
Read MoreMarquis v. Marquis (Wyoming 2020)
Evidence must support a parent’s request to exclude business expenses from net income. The parent seeking to deduct the business expense has the burden of proof. The father filed to modify custody, visitation, and support, and the mother responded with a petition to modify support. The parents settled all matters except support. They agreed to…
Read MoreIn the Matter of the Paternity of AAE, TE v. Wy. Dep’t of Family Services (Wyoming 2020)
A nonparty has no standing to participate in an action. A court can’t deny a petition to establish paternity once a genetic test is completed and the results meet the statutory threshold. The Wyoming Department of Family Services (DFS) filed to terminate the parental rights of the mother, the child’s presumed father, and the child’s…
Read MoreWebb 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…
Read MoreVan Fleet v. Guyette (Wyoming 2020)
A parent can’t disregard a statutory requirement then complain about its outcome. This matter came before the court on a modification of custody. With respect to child support, the court ordered both parents to file a financial affidavit. The mother filed hers along with supporting information. The father didn’t, and the court found him in…
Read MoreKimzey 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…
Read MoreEdwards v. Edwards (Wyoming)
A trial court has wide discretion to determine a parent’s status as voluntarily underemployed. Absent an abuse of discretion, the decision won’t be overturned on appeal. The parents filed for divorce. They had four children. During their marriage, they owned a lawn care business. After their separation, the father closed the business and took a…
Read MoreJohnson v. Johnson (Wyoming 2020)
Overtime income can’t be considered as part of gross income unless it was earned in the statutory timeframe and is reasonably expected to continue. The mother and father divorced. They had four children. During the 2018 trial, the mother argued the father was voluntarily underemployed. While the parents were married the father regularly worked overtime,…
Read MoreKnell v. Knell (Wyoming 2019)
The federal Consumer Credit Protection Act (CCPA) limits the amount that can be garnished from a person’s disposable income. A child support order meets the CCPA definition of a garnishment. The parents in this case divorced, and the order set support and entered a judgment against the father for the amount agreed to in the…
Read MoreMSC v. MCG (Wyoming 2019)
The argument contained in a motion should support the requested relief. The father filed a “Motion for Relief from a Child Support Order.” He requested relief from an income withholding order, but the body of his motion asked the court to set aside the underlying support order. The father argued the Wyoming Child Support Guidelines…
Read MoreLemus 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…
Read MoreMartin v. Hart (Wyoming 2018)
A child support order must state the amount of presumptive support. If the court deviates from the presumptive amount, it must give specific reasons. The father filed to establish paternity, custody, and visitation of the child. In the final order, the court stated it was deviating from presumptive support without giving a presumptive amount. The…
Read MoreLong v. Long (Wyoming 2018)
A district court must include the presumptive child support amount in a final decree of divorce. That is the basis for any deviation. Prior to the divorce, the mother filed for a protective order in Circuit Court, and the court set support in this action. The District Court incorporated the amount of support in the…
Read MoreTSR v. State of Wyoming (Wyoming 2017)
As long as the process meets statutory requirements, a court may deviate from presumptive support for later-born children. The mother appealed the district court’s decision to deviate downward from presumptive support for a child born of the father’s current marriage. The district court calculated presumptive support for the parties’ child. The court then calculated the…
Read MoreRambo v. Rambo (Wyoming 2017)
Unpaid child support becomes a judgment by operation of law on the due date. Unless a specific exemption applies, interest begins to accrue at the statutory rate. In this case, the mother filed an order to show cause alleging father had failed to pay child support. The order provided that father could purge himself of…
Read MorePeak 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…
Read MoreZupan v. Zupan (Wyoming 2016)
The parent who petitions to modify a stipulated child support order must show a material change in circumstances as well as a 20 percent change in the support amount. This rule addresses the issue of a parent agreeing to a support amount 20 percent lower or higher than the presumptive amount only to petition for…
Read MoreDellit v. Tracy (Wyoming 2015)
A district court may deviate from a presumptive child support amount even when a party is receiving a government benefit on a child’s behalf as long as the Court makes a finding to support the reduction.
Read MoreBreen v. Black (Wyoming 2015)
A custodial parent must diligently pursue a claim for reimbursement of medical expenses or they can be barred by res judicata. A noncustodial parent can be found in civil contempt for failure to contribute to medical expenses if evidence supports the finding.
Read MoreLevene v. Levene (Wyoming 2014)
In making a determination of voluntary unemployment, the court shall consider: (A) Prior employment experience and history; (B) Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent’s income; (C) The presence of children of the marriage in the parent’s home and its impact on the earnings of…
Read MoreLevene v. Levene (Wyoming 2014)
In making a determination of voluntary unemployment, the court shall consider: (A) Prior employment experience and history; (B) Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent’s income; (C) The presence of children of the marriage in the parent’s home and its impact on the earnings of…
Read MoreLP v. LF (Wyoming 2014)
Wyo. Stat. Ann. § 14–2–504(a)(v) provides that a man is presumed to be the father of a child if: For the first two (2) years of the child’s life, he resided in the same household with the child and openly held out the child as his own. However, the statute only creates a presumption, which…
Read MoreBullock v. Bullock (Wyoming 2014)
A civil contempt order must be supported by clear and convincing evidence. Clear and convincing evidence is “evidence that would persuade a finder of fact that the truth of the contention is highly probable.” The elements of civil contempt are: “1) an effective court order that required certain conduct by the alleged contemnor; 2) the…
Read MoreIn re Paternity of JRW and KB (Wyoming 1991)
While genetic testing may be necessary in a paternity action, the presumption of paternity can be effectively rebutted by the agreement of the parties.
Read MoreIn re Paternity of JRW and KB (Wyoming 1991)
Presumed fathers are barred from contesting parentage if they do not bring actions within a reasonable time and by the doctrines of res judicata, collateral estoppel, and judicial estoppel.
Read MoreIn re Adoption of RSC (Wyoming 1992)
An action to declare nonexistence of a presumptive father and child relationship until almost four years after all relevant facts are know will be time barred – not within a reasonable time.
Read MoreHasty v. Hasty (Wyoming 1992)
A trial court has the authority to deviate from guidelines by considering non-custodial parent’s support obligations to later born minor children of subsequent marriages.
Read MoreEllison v. Walter ex rel. Walter (Wyoming 1992)
A district court possesses the authority to issue support orders retroactive to the date of a child’s birth in paternity/support actions initiated by a state for the reimbursement of public assistance.
Read MoreDowdy v. Dowdy (Wyoming 1993)
Slight deviations from the guidelines without issuance of the proper findings does not require appellate courts to reverse and remand back to a district court.
Read MoreIn re Paternity of SDM (Wyoming 1994)
A child who has not been included as a party in any prior paternity case nor any prior divorce action cannot be foreclosed by the doctrines of res judicata, collateral estoppel, or judicial estoppel with respect to the child’s subsequent effort to achieve determination of paternity.
Read MoreSharpe v. Sharpe (Wyoming 1995)
The denial of visitation rights by either the custodial parent or the child does not constitute a change in circumstances justifying the reduction or termination of the non-custodial parent’s support obligation.
Read MoreThomas v. Thomas (Wyoming 1996)
The legislature intended the change in the age of majority to apply prospectively only and not to apply to an existing court decree such as a child support order.
Read MoreRocha v. Rocha (Wyoming 1996)
In a divorce action, a trial court has discretion in concluding that a father’s child support payments can or cannot offset the parties’ original property settlement.
Read MoreJA v. CJH (Wyoming 1996)
Where no timely action has been instituted within 5 years of a child’s birth to declare the nonexistence of a father and child relationship, the statutory presumption of paternity becomes absolute, and any action to establish another’s paternity is foreclosed.
Read MoreHollingshead v. Hollingshead (Wyoming 1997)
In the absence of statute, a decree for periodic payments of child support creates sequential judgments enforceable under the statutory procedures for enforcement of judgments.
Read MoreWood v. Wood (Wyoming 1998)
Individual is not voluntarily underemployed because (s)he voluntarily commits a crime, which limits their employment options, if evidence reveals that they make a good faith effort to find the highest paying job possible given their situation.
Read MoreIn re Paternity of IC (Wyoming 1999)
A court has the authority to deviate a child support obligation downward based on insurance and travel costs.
Read MoreTL v. CS (Wyoming 1999)
A presumptive father must provide clear and convincing evidence to meet his burden of proving the results of genetic test favoring another man are inaccurate or somehow deficient.
Read MoreRoseman v. Sackett (Wyoming 1999)
A non-custodial parent has the responsibility of showing that business deductions are reasonable and appropriate.
Read MoreIn re Paternity of IC (Wyoming 1999)
Where mother voluntarily leaves employment to become a full-time student, a district court can reasonably find she is voluntarily unemployed, and can impute her income from prior years.
Read MoreFleenor v. Fleenor (Wyoming 1999)
The principal portion of a business mortgage payment may be deductible if, in its discretion, the district court determines that the payment reasonably and legitimately reduces net income for child support purposes.
Read MoreAhearn v. Ahearn (Wyoming 1999)
The amount withheld from a father’s pay for deferred compensation is not income under the child support guidelines, because deferred compensation is not a “payment or return in money or in kind” to the father when it is paid into a fund for his later benefit.
Read MoreWhitt v. State ex rel. Wright (Wyoming 2001)
In establishing the amount of back child support owed, a state must determine the actual income of both parents for the time period at issue, or the state must have a factual basis to support that any imputation of income was reasonable over the time periods at issue.
Read MoreWatson v. Watson (Wyoming 2002)
In computing child support, a trial court must determine if a business expense should be deducted as a reasonable and legitimate business expense.
Read MoreUnion Pac. R.R. v. Trona Valley Credit Union (Wyoming 2002)
Child support garnishments have priority and if more than 25% of an employee’s disposable income is withheld, creditor garnishments are not permissible.
Read MoreUnion Pac. R.R. v. Trona Valley Credit Union (Wyoming 2002)
Child support wage withholding has priority over any other garnishments.
Read MoreReady v. Ready (Wyoming 2003)
A deviation from the guidelines is permitted only when the trial court makes a finding that it would be unjust or inappropriate to follow them in a particular case and it specifically sets forth in full the reasons thereof in a divorce decree.
Read MoreReady v. Ready (Wyoming 2003)
There is no per se prohibition from using federal tax returns to calculate child support.
Read MoreDurham v. Durham (Wyoming 2003)
Deviation is allowed for substantial cost of transportation and visitation.
Read MoreGDK v. State (Wyoming 2004)
When faced with conflicting statutory presumptions of paternity, the court will use a best interest standard to determine parentage.
Read MoreMcCulloh v. Drake (Wyoming 2005)
A change from shared custody to primary custody creates a rebuttable presumption of a change in circumstances occurred significant enough to warrant modification of child support.
Read MoreStarkey v. Starkey (Wyoming 2007)
Father cannot receive credit against arrears based on prior voluntary overpayments.
Read MoreOpitz v. Opitz (Wyoming 2007)
Upward deviation due to underemployment is justified as long as district court explains the deviation.
Read MoreDNW v. State, Dept. of Family Services (Wyoming 2007)
A presumed father, who holds a child out as his own and signs a paternity acknowledgment, will be held to be the child’s natural father.
Read MoreDNW v. State, Dept. of Family Services (Wyoming 2007)
Within the meaning of Parentage Act, a man who signs a paternity acknowledgment is held to be the natural father in certain circumstances, regardless of genetic testing that proves otherwise.
Read MoreRK v. State ex rel. Natrona County Child Support Dept. (Wyoming 2008)
Even if the district court errs in applying the current version of the Wyoming Parentage Act, the error is harmless if the father’s proffered evidence is insufficient as a matter of law.
Read MoreSwain v. The State of Wyoming (Wyoming 2009)
A civil contempt is remedial and the penalty serves to enforce compliance with a court order.
Read MoreSwaney v. State of Wyoming (Wyoming 2011)
The district court cannot credit Social Security Disability benefits paid to dependent children against child support arrears owed prior to the time the obligor was determined to be disabled.
Read MoreIn re Adoption of RMS (Wyoming 2011)
The district court did not abuse its discretion by concluding there was clear and convincing evidence that mother willfully failed to support her child.
Read MoreGrenz v. State, Dept. of Family Services, Child Support Enforcement (Wyoming 2011)
A father cannot recover overpayments or have them applied to his future support obligations.
Read MoreIn re Adoption of AMP (Wyoming 2010)
A district court has the authority to determine the credibility of witnesses and willfulness not to pay support based on the specific facts of each case.
Read MoreWalker v. Walker (Wyoming 2013)
District courts have both inherent and statutory authority to enforce their orders through contempt sanctions.
Read MoreDep’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.
Read MoreBagley v. Bagley (Wyoming 2013)
Wyoming law allows for the consideration of income available to child (supplemental security income) to be considered in determining child support. Based on the needs of a child and the income available to the child, a downward deviation may be appropriate.
Read MoreAckerman v. Ott (Wyoming 2014)
When deciding if a business deduction should be considered in determining the net income of a self-employed business owner under the Wyoming Child Support Guidelines, the court should focus upon the reasonable and legitimate nature of the expense and its impact on the party’s actual cash flow in the year in question rather than the…
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