Wyoming child support laws serve three primary functions, according to the Wyoming Judicial Branch. First, these statutes establish the child support obligation of the non-custodial parent in the first instance. Second, these laws include provisions the permit a court the ability to enforce a child support order. Finally, Wyoming statutes include a mechanism to alter or amend a child support obligation.
Establishing Child Support
Wyoming utilizes child support guidelines and what is known as a presumptive child support computation form in determining a non-custodial parent's child support obligation, according to the Wyoming Judicial Branch. The formula used to determine the amount of child support is based on a consideration of the relative net income of both parents. This comparison determines the base child support obligation in a particular case. A court can order an additional amount in child support to cover extraordinary expenses, including those associated with health care, education or child care.
Enforcement of Child Support
Wyoming law directs a court to issue an income withholding order at the same time it hands down a child support order. If for some reason a parent ends up behind on child support payments, Wyoming statutes provide mechanisms to enforce the obligation. For example, the court can order a garnishment of a parent's bank account or an interception of tax refund checks to obtain funds to apply to the past due child support obligation. A Wyoming court also possesses the power to send a delinquent non-custodial parent to jail as a penalty for failure to pay child support. In the event of incarceration, the parent typically is placed in a jail work release program to permit her the ability to earn money to pay off the child support arrearage.
Modification of Child Support
Wyoming law mandates specific requirements for modifying an existing child support order, according to the Wyoming Judicial Branch. A court can approve a child support modification only if six months elapsed from the date the existing child support order issued. In addition, the net change in the child support obligation must be increased or decreased after the modification by at least 20 percent. The Wyoming child support worksheet, which takes into consideration the relative income of both parents--and any changes to those wages--calculates the potential obligation change.
Intentional Unemployment or Underemployment
A non-custodial parent cannot avoid meaningful employment to escape a child support obligation, according to the statutes of Wyoming. A court that concludes a non-custodial parent intentionally is unemployed or underemployed imputes income to that individual. Imputing income means the court determines what the non-custodial parent reasonably should be able to earn. The child support obligation is based on this calculation rather than the actual wages the parent actually earns.
Legal Representation
Child custody law and procedure are complex. Finding yourself involved in such a proceeding, seriously consider engaging the services of an experienced attorney. The Wyoming Bar Association maintains a directory of attorneys that practice in the field of family law. Contact information for the Wyoming Bar Association is available at:
Wyoming Bar Association
4124 Laramie Street
Cheyenne WY 82003
307-632-9061
wyomingbar.org
