Wyoming Child Support
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Wyoming child support is based upon official
guidelines for the calculation of child support. These
guidelines are presumed to be correct unless it is shown
that the amount would be unjust or inappropriate. The
Court may deviate away from the guidelines after
examining several factors. The Court may consider the
age, special health care or educational needs of the
child; any other necessary expenses for the child's
benefit, including child care expenses; the value of
services contributed by either parent; any pregnancy
expenses; any visitation transportation costs; the
ability of parents to provide health insurance through
employment benefits; the amount of time the child spends
with each parent; the relative net income and financial
condition of each parent; whether a parent has violated
any terms of the divorce decree; whether either parent
in voluntarily unemployed or underemployed; along with
any other factors the Court deems relevant to the
circumstances of the case.
In calculating Wyoming child support under the
guidelines, the Court will base its calculations of the
parties’ respective incomes. "Income" for the purposes
of calculating Wyoming child support is “any form of
payment or return in money or in kind to an individual,
regardless of source”. The Wyoming child support statute
defines “income” to include, but not be limited to:
wages, earnings, salary, commission, compensation as an
independent contractor, temporary total disability,
permanent partial disability and permanent total
disability worker's compensation payments, unemployment
compensation, disability, annuity and retirement
benefits, and any other payments made by any payor.”
Income for Wyoming child support does not include
overtime earnings unless the Court, after considering
all overtime earnings derived in the preceding
twenty-four (24) month period, determines the overtime
earnings can reasonably be expected to continue on a
consistent basis.
In Wyoming child support cases, Courts will routinely
ask the parties to agree that the presumptive child
support amount under the Wyoming child support
guidelines is appropriate. If the parties fail to reach
such an agreement, and the Court fails to deviate from
the support guidelines after trial, the Court may order
the parent seeking to deviate from the presumptive child
support amount to pay reasonable attorney fees and court
costs to the other party.
After calculating the presumptively correct amount of
Wyoming child support, the Court may deviate from the
amount of support arrived at under the guidelines.
However, to do so, the Court must make a specific
finding that the application of the presumptive child
support would be unjust or inappropriate in that
particular case. In any case where the court has
deviated from the presumptive child support, the reasons
must be set forth fully in the Court order.
In determining whether to deviate from the presumptive
child support established by the Wyoming child support
guidelines, the court will consider the following
factors: The age of the child; The cost of necessary
child day care; Any special health care and educational
needs of the child; The responsibility of either parent
for the support of other children, whether court ordered
or otherwise; The value of services contributed by
either parent; Any expenses reasonably related to the
mother's pregnancy and confinement for that child, if
the parents were never married or if the parents were
divorced prior to the birth of the child; The cost of
transportation of the child to and from visitation; The
ability of either or both parents to furnish health,
dental and vision insurance through employment benefits;
The amount of time the child spends with each parent;
Any other necessary expenses for the benefit of the
child and whether either parent is voluntarily
unemployed or underemployed.
If the Court determines that a parent is voluntarily
unemployed or underemployed, the Court will calculate
Wyoming child support based upon the potential earning
capacity of the unemployed or underemployed parent. In
making that determination the court will consider that
parent’s prior employment experience and history,
educational level and whether additional education would
make the parent more self -sufficient or significantly
increase the parent's income, the presence of children
of the marriage in the parent's home and its impact on
the earnings of that parent; availability of employment
for which the parent is qualified; prevailing wage rates
in the local area; special skills or training; and
whether the parent is realistically able to earn imputed
income.
Most Wyoming child support orders direct child support
payments to be made through the clerks of the district
courts. Unless your order says you should pay the
custodial parent directly, you must pay your child
support to the clerk of the district court each month in
order for you to receive credit. If you have been paying
the custodial parent directly and your order specifies
you pay the clerk of the district court, you need to
consult your clerk of the district court and/or child
support caseworker immediately because the Wyoming child
support office may not have a record of your direct
payments. If you have not saved the canceled checks or
cannot get the custodial parent to verify payment for
you, you may not get credit for having paid your child
support.
The State of Wyoming has a special Department (the
“Child Support Enforcement Division of the Department of
Family Services”) that can provide assistance
establishing an Order of paternity and/or a child
support order and, if you already have a child support
order, can need help in collecting child support. The
Department has offices located in 17 towns and cities in
the state’s nine judicial districts. You do not have to
be the child’’s parent to qualify for child support
services. Wyoming child support services are available
to anyone who is living with and caring for a child who
needs financial help supporting him or her. If you may
be the father you can request establishment of
paternity. You also do not have to be divorced to be
eligible for child support services. You may be single,
separated from your child’s other parent, or married to
someone else.
Wyoming child support orders are subject to adjustment
and modification. Either parent may petition for a
review and adjustment of any child support order that
was entered more than six (6) months prior to the
petition or which has not been adjusted within six (6)
months from the date of filing of the petition for
review and adjustment. The petition shall allege that,
in applying the presumptive child support established by
this article, the support amount will change by twenty
percent (20%) or more per month from the amount of the
existing order. After the petition has been filed, the
Court will apply the Wyoming child support guidelines.
If, upon applying the presumptive child support to the
circumstances of the parents or child at the time of the
review, the court finds that the support amount would
change by twenty percent (20%) or more per month from
the amount of the existing order, the court will
consider there to be a change of circumstances
sufficient to justify the modification of the support
order.
Wyoming child support terminates at age 18 or if the
child is still enrolled in secondary school, at age 20.
No statute or case law holds a parent responsible for
college support.
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