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Chapter 2 - Dissolution Of Marriage

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CHAPTER 2 - DISSOLUTION OF MARRIAGE ARTICLE 1 - IN GENERAL 20-2-101.Void and voidable marriages defined; annulments. (a)Marriages contracted in Wyoming are void without any decreeof divorce:(i)When either party has a husband or wife living at the timeof contracting the marriage;(ii)When either party is mentally incompetent at the time ofcontracting the marriage;(iii)When the parties stand in the relation to each other ofparent and child, grandparent and grandchild, brother and sister of half orwhole blood, uncle and niece, aunt and nephew, or first cousins, whether eitherparty is illegitimate. This paragraph does not apply to persons not related byconsanguinity.(b)A marriage is voidable if solemnized when either party wasunder the age of legal consent unless a judge gave consent, if they separatedduring nonage and did not cohabit together afterwards, or if the consent of one(1) of the parties was obtained by force or fraud and there was no subsequentvoluntary cohabitation of the parties.(c)Either party may file a petition in the district court ofthe county where the parties or one (1) of them reside, to annul a marriage forreasons stated in subsections (a) and (b) of this section and proceedings shallbe held as in the case of a petition for divorce except as otherwise provided.Upon due proof the marriage shall be declared void by a decree of nullity.(d)An action to annul a marriage on the ground that one of theparties was under the age of legal consent provided by W.S. 20-1-102(a) may befiled by the parent or guardian entitled to the custody of the minor. Themarriage may not be annulled on the application of a party who was of the ageof legal consent at the time of the marriage nor when it appears that theparties, after they had attained the age of consent, had freely cohabited asman and wife.(e)An action to annul a marriage on the grounds of mentalincompetency may be commenced on behalf of a mentally incompetent person by hisguardian or next friend. A mentally incompetent person restored to competencymay maintain an action of annulment, but no decree may be granted if theparties freely cohabited as husband and wife after restoration of competency.(f)An action to annul a marriage on the grounds of physicalincapacity may only be maintained by the injured party against the party whoseincapacity is alleged and may only be commenced within two (2) years from thesolemnization of the marriage. (g)All decrees of annulment may include provisions for thecustody and support of children pursuant to this article, W.S. 20-2-201 through20-2-204 and 20-2-301 through 20-2-315 and for the division of propertypursuant to W.S. 20-2-114. 20-2-102.Petition by spouse for support.Whenthe husband and wife are living separately, or when they are living togetherbut one (1) spouse does not support the other spouse or children within hismeans, and no proceeding for divorce is pending, the other spouse or thedepartment of family services may institute a proceeding for support. No lessthan five (5) days after notice is personally served upon the nonsupportingspouse, the court may hear the petition and grant such order concerning thesupport of the spouse or children as it might grant were it based on aproceeding for divorce. If the nonsupporting spouse cannot be personally servedwithin this state but has property within the jurisdiction of the court, ordebts owing to him, the court may order such constructive service as appearssufficient and proper and may cause an attachment of the property. Upon completionof constructive service the court may grant relief as if personal service washad. 20-2-103.Petition to affirm marriage.Whenthe validity of any marriage is denied by either party, the other party mayfile a petition to affirm the marriage. Upon due proof of the validity thereof,it shall be declared valid by a decree of the court which is conclusive uponall persons concerned. 20-2-104.Causes for divorce generally; venue generally.Adivorce may be decreed by the district court of the county in which eitherparty resides on the complaint of the aggrieved party on the grounds ofirreconcilable differences in the marital relationship. 20-2-105.Divorce action for insanity; when permitted; conditions tobringing action; liability for support. (a)A divorce may be granted when either party has becomeincurably insane and the insane person has been confined in a mental hospitalof this state or of another state or territory for at least two (2) yearsimmediately preceding the commencement of the action for divorce.(b)Upon the filing of a verified complaint showing that acause of action exists under this section, the district court shall appointsome person to act as guardian of the insane person in the action. The summonsand complaint in the action shall be served upon the defendant by delivering acopy of the summons and complaint to the guardian and to the county attorney ofthe county in which the action is brought.(c)The county attorney upon whom the summons and complaint isserved shall appear for and defend the defendant in the action. No divorceshall be granted under this section except in the presence of the countyattorney.(d)In any action brought under this section, the districtcourts possess all the powers relative to the payment of alimony, thedistribution of property and the care, custody and maintenance of the childrenof the parties as in other actions for divorce.(e)Costs in the action, as well as the actual expenses of thecounty attorney and the expenses and fees of the guardian, shall be paid by theplaintiff. The expenses of the county attorney and expenses and fees of theguardian shall be fixed and allowed by the court, and the court may make suchorder as to the payment of fees and expenses as may seem proper. 20-2-106.Judicial separation; procedure; powers of court; defenses. (a)When circumstances are such that grounds for a divorceexist, the aggrieved party may institute a proceeding by complaint in the samemanner as if petitioner were seeking a decree of divorce, but praying insteadto be allowed to live separate and apart from the offending party.(b)No separation by decree entered hereunder shall be groundsfor a divorce on the grounds of desertion or two (2) year separation unlessthose grounds existed at the time of petitioning for judicial separation. Adecree of divorce may be granted after the decree of judicial separation isentered upon proper grounds arising thereafter.(c)The court may make such orders as appear just, includingcustody of the children, provision for support, disposition of the propertiesof the parties, alimony, restraint of one (1) or both spouses during litigationand restraint of disposition of property. The court may impose a timelimitation on the order or render a perpetual separation. The parties may atany time move the court to be discharged from the order. (d)All defenses available in an action for divorce areavailable under this section. 20-2-107.Residential requirements generally for plaintiffs. (a)No divorce shall be granted unless the plaintiff hasresided in this state for sixty (60) days immediately preceding the time offiling the complaint, or the marriage was solemnized in this state and theplaintiff has resided in this state from the time of the marriage until thefiling of the complaint.(b)A married person who at the time of filing a complaint fordivorce resides in this state is a resident although his spouse may resideelsewhere. 20-2-108.Action conducted as civil action.Actionsto annul or affirm a marriage, for a divorce or to establish any orderregarding the maintenance or custody of children shall be conducted in the samemanner as civil actions, and the court may decree costs and enforce its decreeas in other cases, except a divorce decree shall not be entered less thantwenty (20) days from the date the complaint is filed. 20-2-109.Restraining orders concerning property or pecuniaryinterests during litigation.Ifafter filing a complaint for divorce it appears probable to the court thateither party is about to do any act that would defeat or render less effectiveany order which the court might ultimately make concerning property orpecuniary interests, an order shall be made for the prevention thereof and suchprocess issued as the court deems necessary or proper. 20-2-110.Restraint during litigation.Afterthe filing of a complaint for divorce or to annul a marriage, on the petitionof either party the court may prohibit the other party from imposing anyrestraint upon the petitioner's personal liberty during the pendency of theaction. 20-2-111.Alimony during pendency of action; allowances forprosecution or defense of action; costs.Inevery action brought for divorce, the court may require either party to pay anysum necessary to enable the other to carry on or defend the action and forsupport and the support of the children of the parties during its pendency. Thecourt may decree costs against either party and award execution for the costs,or it may direct costs to be paid out of any property sequestered, in the powerof the court, or in the hands of a receiver. The court may also direct paymentto either party for such purpose of any sum due and owing from any person. 20-2-112.Examination concerning property interests; enforcement ofcourt orders; temporary custody of children. (a)In a proceeding for divorce, the court may cause theattendance of either party and compel an answer under oath concerning hisproperty, rights or interests, or money that he may have or money due or tobecome due to him from others, and make such order thereon as is just andequitable. To enforce its orders concerning alimony, temporary or permanent, orproperty or pecuniary interests, the court may require security for obediencethereto, or may enforce the orders by attachment, commitment, injunction or byother means.(b)On the application of either party, the court may make suchorder concerning the care and custody of the minor children of the parties andtheir suitable maintenance during the pendency of the action as is proper andnecessary and may enforce its order and decree in the manner provided insubsection (a) of this section. The party applying for the order shall notifythe court of any known protection or custody orders issued on behalf of theparties from any other court. The court shall consider evidence of spouse abuseor child abuse as being contrary to the best interest of the children. If thecourt finds that family violence has occurred, the court shall makearrangements for visitation during temporary custody that best protect thechildren and the abused spouse from further harm. 20-2-113.Repealed By Laws 2000, Ch. 34. 6. 20-2-114.Disposition of property to be equitable; factors; alimonygenerally.Ingranting a divorce, the court shall make such disposition of the property ofthe parties as appears just and equitable, having regard for the respectivemerits of the parties and the condition in which they will be left by the divorce,the party through whom the property was acquired and the burdens imposed uponthe property for the benefit of either party and children. The court may decreeto either party reasonable alimony out of the estate of the other having regardfor the other's ability to pay and may order so much of the other's real estateor the rents and profits thereof as is necessary be assigned and set out toeither party for life, or may decree a specific sum be paid by either party. 20-2-115.Amended and Renumbered as 20-2-314 By Laws 2000, Ch. 34,2.20-2-116.Revision of alimony and other allowances.Aftera decree for alimony or other allowance for a party or children and after adecree for the appointment of trustees to receive and hold any property for theuse of a party or children pursuant to W.S. 20-2-314, the court may from timeto time, on the petition of either of the parties, revise and alter the decreerespecting the amount of the alimony or allowance or the payment thereof andrespecting the appropriation and payment of the principal and income of theproperty so held in trust and may make any decree respecting any of the matterswhich the court might have made in the original action. 20-2-117.Amended and Renumbered as 20-1-113 By Laws 2000, Ch. 34,4. 20-2-118.Amended and Renumbered as 20-2-315 By Laws 2000, Ch. 34,2.ARTICLE 2 - CUSTODY AND VISITATION 20-2-201.Disposition and maintenance of children in decree or order;access to records. (a)In granting a divorce, separation or annulment of amarriage or upon the establishment of paternity pursuant to W.S. 14-2-401through 14-2-907, the court may make by decree or order any disposition of thechildren that appears most expedient and in the best interests of the children.In determining the best interests of the child, the court shall consider, butis not limited to, the following factors: (i)The quality of the relationship each child has with eachparent; (ii)The ability of each parent to provide adequate care foreach child throughout each period of responsibility, including arranging foreach child's care by others as needed; (iii)The relative competency and fitness of each parent; (iv)Each parent's willingness to accept all responsibilities ofparenting, including a willingness to accept care for each child at specifiedtimes and to relinquish care to the other parent at specified times; (v)How the parents and each child can best maintain andstrengthen a relationship with each other; (vi)How the parents and each child interact and communicatewith each other and how such interaction and communication may be improved; (vii)The ability and willingness of each parent to allow theother to provide care without intrusion, respect the other parent's rights andresponsibilities, including the right to privacy; (viii)Geographic distance between the parents' residences; (ix)The current physical and mental ability of each parent tocare for each child; (x)Any other factors the court deems necessary and relevant. (b)In any proceeding in which the custody of a child is atissue the court shall not prefer one (1) parent as a custodian solely becauseof gender. (c)The court shall consider evidence of spousal abuse or childabuse as being contrary to the best interest of the children. If the courtfinds that family violence has occurred, the court shall make arrangements forvisitation that best protects the children and the abused spouse from furtherharm. (d)The court shall order custody in well defined terms topromote understanding and compliance by the parties. Custody shall be craftedto promote the best interests of the children, and may include any combinationof joint, shared or sole custody. (e)Unless otherwise ordered by the court, the noncustodialparent shall have the same right of access as the parent awarded custody to anyrecords relating to the child of the parties, including school records,activities, teachers and teachers' conferences as well as medical and dentaltreatment providers and mental health records. (f)At any time the court may require parents to attendappropriate parenting classes, including but not limited to, parenting classesto lessen the effects of divorce on children. 20-2-202.Visitation. (a)The court may order visitation it deems in the bestinterests of each child and the court shall: (i)Order visitation in enough detail to promote understandingand compliance; (ii)Provide for the allocation of the costs of transportingeach child for purposes of visitation; (iii)Require either parent who plans to change their home cityor state of residence, to give written notice thirty (30) days prior to themove, both to the other parent and to the clerk of district court stating thedate and destination of the move. 20-2-203.Jurisdiction for enforcement and modification. (a)A court in this state which enters a custody order underW.S. 20-2-201 has continuing subject matter jurisdiction to enforce or modifythe decree concerning the care, custody and visitation of the children as thecircumstances of the parents and needs of the child require, subject to theprovisions of the Uniform Child Custody Jurisdiction and Enforcement Act. Acourt which has jurisdiction to enforce or modify an order under this sectionmay decline to exercise its jurisdiction if it finds it is an inconvenientforum under the circumstances of the case and that the court which entered theoriginal order is a more appropriate forum and has jurisdiction as set forth inthe Uniform Child Custody Jurisdiction and Enforcement Act. (b)A court in any county in Wyoming in which the child haslived with his parents, a parent or a person acting as a parent for six (6)consecutive months immediately prior to commencement of the custody proceedingmay assert subject matter jurisdiction and adjudicate any proceedings involvingthe child. Periods of temporary absence of any of the named persons shall beincluded as part of the six (6) month period. (c)Any party seeking to enforce or modify a custody orderpursuant to this section shall attach a certified copy of the custody order tothe petition to be enforced or modified. A certified copy of an order enteredby a Wyoming court providing for the care, custody or visitation of childrenmay be filed in the office of the clerk of the district court of any county inthis state in which either parent resides if neither parent resides in thecounty of original jurisdiction. The district court for the county in which theorder is filed has jurisdiction to enforce the order, provided:(i)Upon request of the district court for the county in whicha certified copy of the order has been filed, the court which originallyentered the order shall forward certified copies of the transcript of the courtrecord and pleadings, orders, decrees, records of hearings, social studies andother pertinent documents relating to the original proceeding; and(ii)The district court for the county in which a certified copyof the order has been filed shall give due consideration to the transcript ofthe record and all other documents submitted to it in accordance with paragraph(i) of this subsection. (d)In any proceeding to enforce or modify an order concerningthe care, custody and visitation of children, any required notice or pleadingshall be served as provided by the Wyoming Rules of Civil Procedure. 20-2-204.Enforcement and modification. (a)Either parent may petition to enforce or modify any courtorder regarding custody and visitation. (b)A court having jurisdiction under W.S. 20-2-203 may, uponappropriate motion of a party, require a parent to appear before the court andshow just cause why the parent should not be held in contempt, upon a showingthat the parent has willfully violated an order concerning the care, custodyand visitation of the children. In order to enforce and require futurecompliance with an order the court may find that the parent is in contempt ofcourt, award attorney's fees, costs and any other relief as the court may deemnecessary under the circumstances to the party aggrieved by the violation of anorder. (c)A court having jurisdiction may modify an order concerningthe care, custody and visitation of the children if there is a showing byeither parent of a material change in circumstances since the entry of theorder in question and that the modification would be in the best interests ofthe children pursuant to W.S. 20-2-201(a). In any proceeding in which a parentseeks to modify an order concerning child custody or visitation, proof ofrepeated, unreasonable failure by the custodial parent to allow visitation tothe other parent in violation of an order may be considered as evidence of amaterial change of circumstances. ARTICLE 3 - CHILD SUPPORT 20-2-301.Purpose. Wherenecessary and appropriate, the court shall enter orders, whether temporary orpermanent, pursuant to and in compliance with this article for the maintenanceof children in actions for divorce, annulment, paternity, support, out-of-homeplacement and any other action for the maintenance or support of children. 20-2-302.Applicability. Thisarticle applies to all orders for the support or maintenance of children. 20-2-303.Definitions. (a)As used in this article:(i)"Age of majority" means as defined in W.S.14-1-101(a) or 14-2-204(a), whichever is applicable; (ii)"Income" means any form of payment or return inmoney or in kind to an individual, regardless of source. Income includes, butis not limited to wages, earnings, salary, commission, compensation as anindependent contractor, temporary total disability, permanent partialdisability and permanent total disability worker's compensation payments,unemployment compensation, disability, annuity and retirement benefits, and anyother payments made by any payor, but shall not include any earnings derivedfrom overtime work unless the court, after considering all overtime earningsderived in the preceding twenty-four (24) month period, determines the overtimeearnings can reasonably be expected to continue on a consistent basis. Indetermining income, all reasonable unreimbursed legitimate business expensesshall be deducted. Means tested sources of income such as Pell grants, aidunder the personal opportunities with employment responsibilities (POWER) program,food stamps and supplemental security income (SSI) shall not be considered asincome. Gross income also means potential income of parents who are voluntarilyunemployed or underemployed;(iii)"Net income" means income as defined in paragraph(ii) of this subsection less personal income taxes, social security deductions,cost of dependent health care coverage for all dependent children, actualpayments being made under preexisting support orders for current support ofother children, other court-ordered support obligations currently being paidand mandatory pension deductions. Payments towards child support arrearageshall not be deducted to arrive at net income; (iv)"This article" means W.S. 20-2-301 through20-2-315. 20-2-304.Presumptive child support. (a)Child support shall be expressed in a specific dollaramount. The following child support tables shall be used to determine the totalchild support obligation considering the combined income of both parents. Theappropriate table is based upon the number of children for whom the parentsshare joint legal responsibility and for whom support is being sought. Afterthe combined net income of both parents is determined it shall be used in thefirst column of the tables to find the appropriate line from which the totalchild support obligation of both parents can be computed from the third column.The child support obligation computed from the third column of the tables shallbe divided between the parents in proportion to the net income of each. Thenoncustodial parent's share of the joint child support obligation shall be paidto the custodial parent through the clerk of court: (i)One (1) child: Net MonthlyPercentage ofIncome ofIncomeBoth Allocated ForBaseSupport PlusParents One Child MarginalPercentage $833.0026.2$218.00 + 24.3%over $833.00 $2,083.0025.1$522.00 + 23.3%over $2,083.00 $2,917.0024.6$716.00 + 12.9%over $2,917.00 $3,750.0022.0$824.00 + 10.7%over $3,750.00 $5,000.0019.2$958.00 +9.9%over $5,000.00 $6,667.0016.8 $1,122.00 + 9.4%over $6,667.00 $8,958.0014.9 $1,338.00 + 5.9%of anythingover $8,958.00 (ii)Two (2) children: Net MonthlyPercentage ofIncome ofIncomeBoth Allocated ForBase SupportPlusParentsTwo Children MarginalPercentage $833.0036.8$307.00 + 33.8%over $833.00 $2,083.0035.0$729.00 + 31.9%over $2,083.00 $2,917.0034.1$995.00 + 16.4%over $2,917.00 $3,750.0030.2$1,131.00 +13.1% over $3,750.00 $5,000.0025.9$1,295.00 +12.5% over $5,000.00 $6,667.0022.5$1,503.00 +12.5% over $6,667.00 $8,958.0020.0$1,790.00 + 7.0% of anything over $8,958.00 (iii)Three (3) children: Net MonthlyPercentage ofIncome ofIncomeBoth Allocated ForBaseSupport PlusParentsThree Children MarginalPercentage $833.0042.7$356.00 + 38.7%over $833.00 $2,083.0040.3$840.00 + 36.4%over $2,083.00 $2,917.0039.2$1,144.00 +16.8% over $2,917.00 $3,750.0034.2$1,284.00 +13.3% over $3,750.00 $5,000.0029.0$1,450.00 +13.7% over $5,000.00 $6,667.0025.2$1,677.00 +12.2% over $6,667.00 $8,958.0021.9$1,958.00 + 7.7% of anything over $8,958.00 (iv)Four (4) children: Net MonthlyPercentage ofIncome ofIncomeBoth Allocated ForBaseSupport PlusParentsFour ChildrenMarginalPercentage $833.0047.6$397.00 +43.2% over $833.00 $2,083.0045.0$937.00 +40.6% over $2,083.00 $2,917.0043.7$1,275.00 +18.7% over $2,917.00 $3,750.0038.2$1,431.00 +14.8% over $3,750.00 $5,000.0032.3$1,616.00 +15.2% over $5,000.00 $6,667.0028.1$1,870.00 +13.7% over $6,667.00 $8,958.0024.4$2,183.00 + 8.6% of anything over $8,958.00 (v)Five (5) or more children: Net MonthlyPercentage ofIncome ofIncomeBoth Allocated ForBaseSupport PlusParentsFive ChildrenMarginalPercentage $833.0052.4$436.00 +47.5% over $833.00 $2,083.0049.5$1,030.00 +44.7% over $2,083.00 $2,917.0048.1$1,403.00 +20.6% over $2,917.00 $3,750.0042.0$1,575.00 +16.3% over $3,750.00 $5,000.0035.6$1,778.00 +16.8% over $5,000.00 $6,667.0030.9$2,057.00 +15.0% over $6,667.00 $8,958.0026.8$2,402.00 + 9.4% of anything over $8,958.00 (b)Where the combined income of the custodial parent and thenoncustodial parent is less than eight hundred thirty-three dollars ($833.00),the support obligation of the noncustodial parent shall be twenty-five percent(25%) of net income, but in no case shall the support obligation be less than fiftydollars ($50.00) per month for each family unit in which there are children towhom the noncustodial parent owes a duty of support.(c)When each parent keeps the children overnight for more thanforty percent (40%) of the year and both parents contribute substantially tothe expenses of the children in addition to the payment of child support, ajoint presumptive support obligation shall be determined by use of the tables.After the joint presumptive child support obligation is derived from column threeof the tables, that amount shall be divided between the parents in proportionto the net income of each. The proportionate share of the total obligation ofeach parent shall then be multiplied by the percentage of time the childrenspend with the other parent to determine the theoretical support obligationowed to the other parent. The parent owing the greater amount of child supportshall pay the difference between the two (2) amounts as the net child supportobligation. (d)When each parent has physical custody of at least one (1)of the children, a joint presumptive support obligation for all of the childrenshall be determined by use of the tables. The joint presumptive support amountshall be divided by the number of children to determine the presumptive supportobligation for each child, which amount shall then be allocated to each parentbased upon the number of those children in the physical custody of that parent.That sum shall be multiplied by the percentage that the other parent's net incomebears to the total net income of both parents. The obligations so determinedshall then be offset, with the parent owing the larger amount paying thedifference between the two (2) amounts to the other parent as a net childsupport obligation. (e)If a proportion of a support obligor's social security orveteran's benefit is paid directly to the custodian of the obligor's dependentswho are the subject of the child support order, the total amount of the socialsecurity or veteran's benefit, including the amounts paid to the obligor andcustodian under the child support order, shall be counted as gross income tothe obligor.However, in determining the support amount, the amount of thesocial security or veteran's benefit sent directly to the custodian shall besubtracted from the obligor's share of presumptive support.If the subtractionof the social security or veteran's benefit sent directly to the custodianresults in a negative dollar amount, the support amount shall be set at zero. The child support obligation shall be offset by the amount of the socialsecurity or veteran's benefit sent directly to the custodian, beginning fromthe time the custodian began receiving the social security or veteran'sbenefit.The obligor or the department of family services may apply to thecourt to receive a credit against arrears for any social security or veteran'sbenefits that are paid retroactively to the custodian.For purposes of thissubsection, "custodian" means the custodian of dependent childrenunder a child support order and the physical custodian of dependent childrenwho are the subject of a child support order. 20-2-305.Abatements. (a)Unless otherwise ordered by the court, child support shallabate by one-half (1/2) of the daily support obligation for each day thenoncustodial parent has physical custody of the child for whom support is due,provided that the noncustodial parent has custody of the child for fifteen (15)or more consecutive days. For the purposes of computing abatement and determiningwhether the noncustodial parent has met the consecutive day requirement of thissubsection, overnight and weekend visits with the custodial parent during theperiod for which abatement is claimed shall be disregarded. (b)The noncustodial parent shall file any claim for childsupport abatement with the clerk of the court within thirty (30) days after theperiod for which abatement is claimed and shall pay to the clerk the sum of tendollars ($10.00). The clerk shall mail a copy of the claim to the custodialparent at the address provided to the clerk by the custodial parent. (c)The custodial parent shall have the right to object to anyclaim for abatement made by the noncustodial parent. The custodial parent'sright to object shall be limited solely to issues related to the legitimacy oraccuracy of the abatement claim. The custodial parent shall file any objectionto the abatement claim with the clerk of court within thirty (30) days of thedate the clerk mailed the notice of claim for abatement and shall pay to theclerk a fee of ten dollars ($10.00). The custodial parent may approve theabatement claim prior to the expiration of the thirty (30) day time period forobjections by filing notice of immediate approval with the clerk of the court,and no filing fee shall be assessed for filing of such notice of immediateapproval.The clerk shall mail a copy of the objection or notice of immediateapproval to the noncustodial parent at the address provided to the clerk bythat parent. (d)Claims, objections or responses not timely filed or notaccompanied by the requisite fee are barred without further order of the court. (e)The clerk shall notify the court of claims and objectionsnot barred and of any arrearage owed by the noncustodial parent, and the courtshall promptly resolve the differences, with or without a hearing, and prepareand file an appropriate order. (f)Abatement amounts shall be applied to any current childsupport due and then to any arrearage balance owed to the custodial parent forpast-due child support. If there is no arrearage and no objection was filedwithin the thirty (30) day period for objections, or if there is no arrearageand a notice of immediate approval was filed prior to the expiration of thethirty (30) day period for objections, the abatement amount shall be reducedfrom the next scheduled payment of child support. (g)In all cases in which the custodial parent has filed anobjection to a claim for abatement within the thirty (30) day time period, thenoncustodial parent shall have the right to respond to the objection. Thenoncustodial parent's right to respond to the objection shall be limited solelyto issues raised in the objection.The noncustodial parent shall file anyresponse with the clerk of the court within fifteen (15) days of the date theclerk mailed the objection to the noncustodial parent, and no filing fee shallbe assessed. The clerk shall mail a copy of the response to the custodialparent at the address provided to the clerk by the custodial parent. The courtshall fully consider the abatement claim of the noncustodial parent regardlessof whether a response to the objection was filed. (h)For purposes of this section, "weekend" means anytwo (2) consecutive days, except if a legal holiday precedes or follows thedays constituting a weekend under this section the weekend shall consist ofthree (3) days.20-2-306.Revision of presumptive child support.Onor before December 1, 1996, and at least once every four (4) years thereafter,the department of family services shall review the presumptive child supportestablished under this article to ensure that application results in thedetermination of appropriate child support award amounts. 20-2-307.Presumptive child support to be followed; deviations bycourt. (a) The presumptive child support established by W.S. 20-2-304shall be rebuttably presumed to be the correct amount of child support to beawarded in any proceeding to establish or modify temporary or permanent childsupport amounts. Every order or decree providing for the support of a childshall set forth the presumptive child support amount and shall state whetherthe order or decree departs from that amount. (b)A court may deviate from the presumptive child supportestablished by W.S. 20-2-304 upon a specific finding that the application ofthe presumptive child support would be unjust or inappropriate in thatparticular case.In any case where the court has deviated from the presumptivechild support, the reasons therefor shall be specifically set forth fully inthe order or decree. In determining whether to deviate from the presumptivechild support established by W.S. 20-2-304, the court shall consider thefollowing factors:(i)The age of the child;(ii)The cost of necessary child day care;(iii)Any special health care and educational needs of the child; (iv)The responsibility of either parent for the support ofother children, whether court ordered or otherwise;(v)The value of services contributed by either parent;(vi)Any expenses reasonably related to the mother's pregnancyand confinement for that child, if the parents were never married or if theparents were divorced prior to the birth of the child;(vii)The cost of transportation of the child to and fromvisitation;(viii)The ability of either or both parents to furnish health,dental and vision insurance through employment benefits;(ix)The amount of time the child spends with each parent;(x)Any other necessary expenses for the benefit of the child;(xi)Whether either parent is voluntarily unemployed orunderemployed. In such case the child support shall be computed based upon thepotential earning capacity (imputed income) of the unemployed or underemployedparent. In making that determination the court shall consider:(A)Prior employment experience and history;(B)Educational level and whether additional education wouldmake the parent more self-sufficient or significantly increase the parent'sincome;(C)The presence of children of the marriage in the parent'shome and its impact on the earnings of that parent;(D)Availability of employment for which the parent isqualified;(E)Prevailing wage rates in the local area;(F)Special skills or training; and(G)Whether the parent is realistically able to earn imputedincome.(xii)Whether or not either parent has violated any provision ofthe divorce decree, including visitation provisions, if deemed relevant by thecourt; and(xiii)Other factors deemed relevant by the court. (c)If the parties fail to agree that the presumptive childsupport amount under W.S. 20-2-304 is appropriate, the court may order theparty seeking to deviate from the presumptive child support amount to payreasonable attorney fees and court costs to the other party unless, afterhearing the evidence and considering the factors contained in subsection (b) ofthis section, the court deviates from the presumptive support amount. (d)Agreements regarding child support may be submitted to thecourt. All such agreements shall be accompanied by a financial affidavit asrequired by W.S. 20-2-308. The court shall use the presumed child supportamounts to review the adequacy of child support agreements negotiated by theparties. If the agreed amount departs from the presumed child support, theparties shall furnish statements of explanation which shall be included withthe forms and shall be filed with the court. The court shall review theagreement and inform the parties whether or not additional or correctedinformation is needed, or that the agreement is approved or disapproved.Noagreement which is less than the presumed child support amount shall beapproved if means tested sources of income such as aid under the personal opportunitieswith employment responsibilities (POWER) program, health care benefits underTitle XIX of the Social Security Act, food stamps, supplemental security income(SSI) or other similar benefits are being paid on behalf of any of thechildren.20-2-308.Financial affidavits required; financial reporting. (a)No order establishing or modifying a child supportobligation shall be entered unless financial affidavits on a form approved bythe Wyoming supreme court which fully discloses the financial status of theparties have been filed, or the court has held a hearing and testimony has beenreceived. (b)Financial affidavits of the parties shall be supported withdocumentation of both current and past earnings. Suitable documentation ofcurrent earnings includes but is not limited to pay stubs, employer statements,or receipts and expenses if self-employed. Documentation of current earningsshall be supplemented with copies of the most recent tax return to provideverification of earnings over a longer period. (c)The court may require, or the parents may agree, toexchange financial and other appropriate information once a year or less often,by regular mail, for the purpose of analyzing the propriety of modification ofcourt ordered child support. (d)All financial affidavits and records required by law to beattached to the affidavit shall constitute a confidential file and are subjectto inspection by persons other than the parties, their attorneys or thedepartment of family services to the extent necessary to enforce the ChildSupport Enforcement Act and the Uniform Interstate Family Support Act only bycourt order. 20-2-309.Contents of orders; change of address or employment; incomewithholding entered; payment. (a)All orders shall include the: (i)Names, addresses, dates of birth and places of birth of theparties and all children to whom the order relates; (ii)Names and addresses of each party's employer; and (iii)Repealed By Laws 2004, Chapter 72, 2. (iv)Right of either party or, when appropriate, the departmentof family services to petition to enforce an order pursuant to W.S. 20-2-201through 20-2-204, 20-2-310 and 20-2-311(d). (b)All child support orders shall be accompanied by aconfidential statement that contains the social security numbers of each partyand each child.The confidential statement may be inspected by: (i)The parties and their attorneys; (ii)The department of family services to the extent necessaryto enforce the Child Support Enforcement Act and the Uniform Interstate FamilySupport Act; and (iii)Other persons or entities, if permitted by court order. (c)The court shall order each party to notify the clerk ofcourt in writing within fifteen (15) days of any change in address or employment. (d)In any subsequent enforcement action brought under thischapter in which the parties were previously ordered to provide the clerk ofthe court with their current residential, mailing and employer's address, thecourt, upon sufficient showing to the satisfaction of the court that a diligenteffort has been made to ascertain the location of a party, shall deem state dueprocess requirements for notice and service of process to be met upon deliveryof written notice to the most recent residential or employer address of thatparty filed with the clerk of the district court and the state case registrypursuant to the requirements of this section provided: (i)An affidavit attesting to the diligent effort to locate theparty is filed with the court at the time of filing the subsequent enforcementaction; and (ii)Delivery of the written notice to the most recentresidential or employer address of the party is made by personal service or bycertified mail. (e)Upon entry of any order for the support of a child underthis section the court shall also enter an income withholding order as providedby W.S. 20-6-204. (f)All child support payments shall be paid to the clerk ofthe district court. (g)For purposes of this section, "party" does notinclude the department of family services. 20-2-310.Enforcement of child support. (a)In any proceeding to enforce the decree concerning themaintenance of children, any required notice or pleading shall be served asprovided by the Wyoming Rules of Civil Procedure. (b)A court may, upon appropriate motion, require a parent toappear before the court and show just cause why the parent should not be heldin contempt and, upon a showing that the parent has willfully violated a childsupport order, make such order or orders as the court deems necessary andappropriate. (c)In any case in which child support has been ordered to bepaid to the clerk of the court, any periodic payment or installment under theprovisions of an order concerning maintenance is, on the date it is due, ajudgment by operation of law. (d)If an able-bodied obligor is unemployed and otherwiseunable to fulfill his court-ordered child support obligation, the court mayorder the obligor to participate in the personal opportunities with employmentresponsibilities (POWER) work program administered by the department ofworkforce services, excluding the benefit portion of that program, withoutregard to the program eligibility requirements under title 42 or the departmentrules and regulations promulgated thereunder. (e)The court in order to enforce and require future compliancewith an order, may find that the parent is in contempt of court, award attorneyfees, costs and any other relief as the court may deem necessary under the circumstances. 20-2-311.Adjustment of child support orders. (a)Any party, or the department of family services in the caseof child support orders being enforced by the department, may petition for areview 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.Thepetition shall allege that, in applying the presumptive child support establishedby this article, the support amount will change by twenty percent (20%) or moreper month from the amount of the existing order.The court shall require theparents to complete a verified financial statement on forms approved by theWyoming supreme court, and shall apply the presumptive child support set out inthis article in conducting the review and adjustment. If, upon applying thepresumptive child support to the circumstances of the parents or child at thetime of the review, the court finds that the support amount would change bytwenty percent (20%) or more per month from the amount of the existing order,the court shall consider there to be a change of circumstances sufficient tojustify the modification of the support order.The provisions of this sectiondo not preclude a party or assignee from bringing an action for modification ofa support order, based upon a substantial change of circumstances, at any time.Every three (3) years, upon the request of either parent or, if there is a currentassignment of support rights in effect, upon the request of the department, thecourt, with respect to a support order being enforced under this article andtaking into account the best interests of the child involved, shall review and,if appropriate, adjust the order in accordance with the guidelines establishedpursuant to this article. Any adjustment under the three (3) year cycle shallbe made without a requirement for a showing of a change in circumstances. Thecommencement of aid under the personal opportunities with employmentresponsibilities (POWER) program, medical benefits under Title XIX of theSocial Security Act, food stamps and supplemental security income (SSI) shallbe considered a substantial change of circumstances requiring modification ofchild support. (b)Notwithstanding any other provision of law, if the partiesfail to agree that the presumptive child support amount under W.S. 20-2-304 isappropriate, the court may order the party seeking to deviate from thepresumptive child support amount to pay a reasonable attorney fee and courtcosts to the other party unless, after hearing the evidence and considering thefactors contained in W.S. 20-2-307(b), the court deviates from the presumptivesupport amount. (c)In addition to the petition authorized under subsection (a)of this section, the court on its own motion, or the department withoutpetitioning the court, may increase monthly child support payments to includeamounts for arrearages or may decrease the monthly child support payment incases of emergencies or if the arrearages are paid. Any action by thedepartment to increase monthly child support payments under this subsectionshall allow the obligor a reasonable opportunity to contest the action inaccordance with the Wyoming Administrative Procedure Act and rules andregulations adopted by the department. (d)An order for child support is not subject to retroactivemodification except: (i)Upon agreement of the parties; or(ii)The order may be modified with respect to any period duringwhich a petition for modification is pending, but only from the date notice ofthat petition was served upon the obligee as provided by the Wyoming Rules ofCivil Procedure, if the obligor or the department is the petitioner, or to theobligor, if the obligee or the department is the petitioner. 20-2-312.Redirection of child support. Uponaffidavit by the current custodian or the department filed with the clerk ofthe district court, or by operation of law when public funds have been expendedon behalf of a minor child, that the care and control of the child resides in aparty other than the obligee under a child support order, the child supportshall, by operation of law, be redirected to the person or agency who has thecare and control of the child and shall be subject to assignment by the personhaving the care and control of the child pursuant to W.S. 20-6-106. Thedepartment, upon proof by affidavit filed with the clerk of district court orupon verified information it has received pursuant to W.S. 20-6-106 that thechild support is subject to an assignment, may redirect the child support tothe person or agency in whose favor the assignment is made. 20-2-313.Cessation of child support. (a)An on-going child support obligation terminates when the: (i)Parents marry or remarry each other; (ii)Child dies; (iii)Child is legally emancipated; or (iv)Child attains the age of majority. (b)After the remarriage of the parents to each other, thecourt may eliminate all child support arrearage existing between the parentsexcept those assigned to the state of Wyoming. 20-2-314.Court may appoint trustees to manage amount set aside forchildren.Uponapplication by any party, the court may order any amount set apart for thechildren to be paid to a trustee or trustees appointed by the court, upon trustto invest the same and to apply the income thereof to the support of thechildren in such manner as the court directs. This section does not apply toperiodic payments designated as child support by a court order. 20-2-315.Court may require security for child support payments.(a)Upon the issuance of any order or entering of a decreeunder this chapter which provides for child support payments, or any timethereafter following notice and opportunity for hearing, the court may, forgood cause shown, require the obligor to provide security of nonexempt propertythat the court deems satisfactory to secure payment of child support.(b)The court, upon petition and following notice and hearing,shall no longer require the order for security if the court determines:(i)Good cause no longer exists to require security to assurepayment upon the obligation to pay child support; and(ii)There is no overdue support outstanding.(c)Once the child support obligation has terminated andarrearages satisfied, the security shall be released. ARTICLE 4 - MEDICAL SUPPORT FOR CHILDREN 20-2-401.Medical support to be included as part of child supportorder. (a)In any action to establish or modify a child supportobligation, the court shall order either or both of the parents to providemedical support, which may include dental, optical or other health care needsfor their dependent children.The court shall:(i)Require in the support order:(A)That one (1) or both parents shall provide insurancecoverage for the children if insurance can be obtained at a reasonable cost andthe benefits under the insurance policy are accessible to the children; and(B)That both parents be liable to pay any medical expenses notcovered by insurance and any deductible amount on the required insurancecoverage as cash medical support; or(ii)Specify in the court order the proportion for which eachparent will be liable for any medical expenses as cash medical support, whichmay include dental, optical or other health care expenses incurred by anyperson or agency on behalf of a child if the expenses are not covered byinsurance.(b)When the insurance coverage is ordered pursuant tosubsection (a) of this section, the court shall order the obligated parent tosubmit to the court and to the other parent, or to the other parent'srepresentative, written proof that the insurance has been obtained or thatapplication for insurability has been made within sixty (60) days after theentry of the order requiring insurance coverage.Proof of insurance coverageshall contain, at a minimum:(i)The name of the insurer;(ii)The policy number;(iii)The address to which all claims should be mailed;(iv)A description of any restrictions on usage, such aspreapproval for hospital admission, and the manner in which to obtainpreapproval;(v)A description of all deductibles; and(vi)Two (2) copies of claim forms.(c)The court shall order the obligated parent to notify thecourt and the other parent if insurance coverage for any child is denied,revoked, or altered in any way that would affect the other parent including anychange relating to information required in
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  • CHAPTER 2 - DISSOLUTION OF MARRIAGE

     

    ARTICLE 1 - IN GENERAL

     

    20-2-101. Void and voidable marriages defined; annulments.

     

    (a) Marriages contracted in Wyoming are void without any decreeof divorce:

     

    (i) When either party has a husband or wife living at the timeof contracting the marriage;

     

    (ii) When either party is mentally incompetent at the time ofcontracting the marriage;

     

    (iii) When the parties stand in the relation to each other ofparent and child, grandparent and grandchild, brother and sister of half orwhole blood, uncle and niece, aunt and nephew, or first cousins, whether eitherparty is illegitimate. This paragraph does not apply to persons not related byconsanguinity.

     

    (b) A marriage is voidable if solemnized when either party wasunder the age of legal consent unless a judge gave consent, if they separatedduring nonage and did not cohabit together afterwards, or if the consent of one(1) of the parties was obtained by force or fraud and there was no subsequentvoluntary cohabitation of the parties.

     

    (c) Either party may file a petition in the district court ofthe county where the parties or one (1) of them reside, to annul a marriage forreasons stated in subsections (a) and (b) of this section and proceedings shallbe held as in the case of a petition for divorce except as otherwise provided.Upon due proof the marriage shall be declared void by a decree of nullity.

     

    (d) An action to annul a marriage on the ground that one of theparties was under the age of legal consent provided by W.S. 20-1-102(a) may befiled by the parent or guardian entitled to the custody of the minor. Themarriage may not be annulled on the application of a party who was of the ageof legal consent at the time of the marriage nor when it appears that theparties, after they had attained the age of consent, had freely cohabited asman and wife.

     

    (e) An action to annul a marriage on the grounds of mentalincompetency may be commenced on behalf of a mentally incompetent person by hisguardian or next friend. A mentally incompetent person restored to competencymay maintain an action of annulment, but no decree may be granted if theparties freely cohabited as husband and wife after restoration of competency.

     

    (f) An action to annul a marriage on the grounds of physicalincapacity may only be maintained by the injured party against the party whoseincapacity is alleged and may only be commenced within two (2) years from thesolemnization of the marriage.

     

    (g) All decrees of annulment may include provisions for thecustody and support of children pursuant to this article, W.S. 20-2-201 through20-2-204 and 20-2-301 through 20-2-315 and for the division of propertypursuant to W.S. 20-2-114.

     

    20-2-102. Petition by spouse for support.

     

    Whenthe husband and wife are living separately, or when they are living togetherbut one (1) spouse does not support the other spouse or children within hismeans, and no proceeding for divorce is pending, the other spouse or thedepartment of family services may institute a proceeding for support. No lessthan five (5) days after notice is personally served upon the nonsupportingspouse, the court may hear the petition and grant such order concerning thesupport of the spouse or children as it might grant were it based on aproceeding for divorce. If the nonsupporting spouse cannot be personally servedwithin this state but has property within the jurisdiction of the court, ordebts owing to him, the court may order such constructive service as appearssufficient and proper and may cause an attachment of the property. Upon completionof constructive service the court may grant relief as if personal service washad.

     

    20-2-103. Petition to affirm marriage.

     

    Whenthe validity of any marriage is denied by either party, the other party mayfile a petition to affirm the marriage. Upon due proof of the validity thereof,it shall be declared valid by a decree of the court which is conclusive uponall persons concerned.

     

    20-2-104. Causes for divorce generally; venue generally.

     

    Adivorce may be decreed by the district court of the county in which eitherparty resides on the complaint of the aggrieved party on the grounds ofirreconcilable differences in the marital relationship.

     

    20-2-105. Divorce action for insanity; when permitted; conditions tobringing action; liability for support.

     

    (a) A divorce may be granted when either party has becomeincurably insane and the insane person has been confined in a mental hospitalof this state or of another state or territory for at least two (2) yearsimmediately preceding the commencement of the action for divorce.

     

    (b) Upon the filing of a verified complaint showing that acause of action exists under this section, the district court shall appointsome person to act as guardian of the insane person in the action. The summonsand complaint in the action shall be served upon the defendant by delivering acopy of the summons and complaint to the guardian and to the county attorney ofthe county in which the action is brought.

     

    (c) The county attorney upon whom the summons and complaint isserved shall appear for and defend the defendant in the action. No divorceshall be granted under this section except in the presence of the countyattorney.

     

    (d) In any action brought under this section, the districtcourts possess all the powers relative to the payment of alimony, thedistribution of property and the care, custody and maintenance of the childrenof the parties as in other actions for divorce.

     

    (e) Costs in the action, as well as the actual expenses of thecounty attorney and the expenses and fees of the guardian, shall be paid by theplaintiff. The expenses of the county attorney and expenses and fees of theguardian shall be fixed and allowed by the court, and the court may make suchorder as to the payment of fees and expenses as may seem proper.

     

    20-2-106. Judicial separation; procedure; powers of court; defenses.

     

    (a) When circumstances are such that grounds for a divorceexist, the aggrieved party may institute a proceeding by complaint in the samemanner as if petitioner were seeking a decree of divorce, but praying insteadto be allowed to live separate and apart from the offending party.

     

    (b) No separation by decree entered hereunder shall be groundsfor a divorce on the grounds of desertion or two (2) year separation unlessthose grounds existed at the time of petitioning for judicial separation. Adecree of divorce may be granted after the decree of judicial separation isentered upon proper grounds arising thereafter.

     

    (c) The court may make such orders as appear just, includingcustody of the children, provision for support, disposition of the propertiesof the parties, alimony, restraint of one (1) or both spouses during litigationand restraint of disposition of property. The court may impose a timelimitation on the order or render a perpetual separation. The parties may atany time move the court to be discharged from the order.

     

    (d) All defenses available in an action for divorce areavailable under this section.

     

    20-2-107. Residential requirements generally for plaintiffs.

     

    (a) No divorce shall be granted unless the plaintiff hasresided in this state for sixty (60) days immediately preceding the time offiling the complaint, or the marriage was solemnized in this state and theplaintiff has resided in this state from the time of the marriage until thefiling of the complaint.

     

    (b) A married person who at the time of filing a complaint fordivorce resides in this state is a resident although his spouse may resideelsewhere.

     

    20-2-108. Action conducted as civil action.

     

    Actionsto annul or affirm a marriage, for a divorce or to establish any orderregarding the maintenance or custody of children shall be conducted in the samemanner as civil actions, and the court may decree costs and enforce its decreeas in other cases, except a divorce decree shall not be entered less thantwenty (20) days from the date the complaint is filed.

     

    20-2-109. Restraining orders concerning property or pecuniaryinterests during litigation.

     

    Ifafter filing a complaint for divorce it appears probable to the court thateither party is about to do any act that would defeat or render less effectiveany order which the court might ultimately make concerning property orpecuniary interests, an order shall be made for the prevention thereof and suchprocess issued as the court deems necessary or proper.

     

    20-2-110. Restraint during litigation.

     

    Afterthe filing of a complaint for divorce or to annul a marriage, on the petitionof either party the court may prohibit the other party from imposing anyrestraint upon the petitioner's personal liberty during the pendency of theaction.

     

    20-2-111. Alimony during pendency of action; allowances forprosecution or defense of action; costs.

     

    Inevery action brought for divorce, the court may require either party to pay anysum necessary to enable the other to carry on or defend the action and forsupport and the support of the children of the parties during its pendency. Thecourt may decree costs against either party and award execution for the costs,or it may direct costs to be paid out of any property sequestered, in the powerof the court, or in the hands of a receiver. The court may also direct paymentto either party for such purpose of any sum due and owing from any person.

     

    20-2-112. Examination concerning property interests; enforcement ofcourt orders; temporary custody of children.

     

    (a) In a proceeding for divorce, the court may cause theattendance of either party and compel an answer under oath concerning hisproperty, rights or interests, or money that he may have or money due or tobecome due to him from others, and make such order thereon as is just andequitable. To enforce its orders concerning alimony, temporary or permanent, orproperty or pecuniary interests, the court may require security for obediencethereto, or may enforce the orders by attachment, commitment, injunction or byother means.

     

    (b) On the application of either party, the court may make suchorder concerning the care and custody of the minor children of the parties andtheir suitable maintenance during the pendency of the action as is proper andnecessary and may enforce its order and decree in the manner provided insubsection (a) of this section. The party applying for the order shall notifythe court of any known protection or custody orders issued on behalf of theparties from any other court. The court shall consider evidence of spouse abuseor child abuse as being contrary to the best interest of the children. If thecourt finds that family violence has occurred, the court shall makearrangements for visitation during temporary custody that best protect thechildren and the abused spouse from further harm.

     

    20-2-113. Repealed By Laws 2000, Ch. 34. 6.

     

     

     

    20-2-114. Disposition of property to be equitable; factors; alimonygenerally.

     

    Ingranting a divorce, the court shall make such disposition of the property ofthe parties as appears just and equitable, having regard for the respectivemerits of the parties and the condition in which they will be left by the divorce,the party through whom the property was acquired and the burdens imposed uponthe property for the benefit of either party and children. The court may decreeto either party reasonable alimony out of the estate of the other having regardfor the other's ability to pay and may order so much of the other's real estateor the rents and profits thereof as is necessary be assigned and set out toeither party for life, or may decree a specific sum be paid by either party.

     

    20-2-115. Amended and Renumbered as 20-2-314 By Laws 2000, Ch. 34, 2.

     

     

    20-2-116. Revision of alimony and other allowances.

     

    Aftera decree for alimony or other allowance for a party or children and after adecree for the appointment of trustees to receive and hold any property for theuse of a party or children pursuant to W.S. 20-2-314, the court may from timeto time, on the petition of either of the parties, revise and alter the decreerespecting the amount of the alimony or allowance or the payment thereof andrespecting the appropriation and payment of the principal and income of theproperty so held in trust and may make any decree respecting any of the matterswhich the court might have made in the original action.

     

    20-2-117. Amended and Renumbered as 20-1-113 By Laws 2000, Ch. 34, 4.

     

    20-2-118. Amended and Renumbered as 20-2-315 By Laws 2000, Ch. 34, 2.

     

     

    ARTICLE 2 - CUSTODY AND VISITATION

     

    20-2-201. Disposition and maintenance of children in decree or order;access to records.

     

    (a) In granting a divorce, separation or annulment of amarriage or upon the establishment of paternity pursuant to W.S. 14-2-401through 14-2-907, the court may make by decree or order any disposition of thechildren that appears most expedient and in the best interests of the children.In determining the best interests of the child, the court shall consider, butis not limited to, the following factors:

     

    (i) The quality of the relationship each child has with eachparent;

     

    (ii) The ability of each parent to provide adequate care foreach child throughout each period of responsibility, including arranging foreach child's care by others as needed;

     

    (iii) The relative competency and fitness of each parent;

     

    (iv) Each parent's willingness to accept all responsibilities ofparenting, including a willingness to accept care for each child at specifiedtimes and to relinquish care to the other parent at specified times;

     

    (v) How the parents and each child can best maintain andstrengthen a relationship with each other;

     

    (vi) How the parents and each child interact and communicatewith each other and how such interaction and communication may be improved;

     

    (vii) The ability and willingness of each parent to allow theother to provide care without intrusion, respect the other parent's rights andresponsibilities, including the right to privacy;

     

    (viii) Geographic distance between the parents' residences;

     

    (ix) The current physical and mental ability of each parent tocare for each child;

     

    (x) Any other factors the court deems necessary and relevant.

     

    (b) In any proceeding in which the custody of a child is atissue the court shall not prefer one (1) parent as a custodian solely becauseof gender.

     

    (c) The court shall consider evidence of spousal abuse or childabuse as being contrary to the best interest of the children. If the courtfinds that family violence has occurred, the court shall make arrangements forvisitation that best protects the children and the abused spouse from furtherharm.

     

    (d) The court shall order custody in well defined terms topromote understanding and compliance by the parties. Custody shall be craftedto promote the best interests of the children, and may include any combinationof joint, shared or sole custody.

     

    (e) Unless otherwise ordered by the court, the noncustodialparent shall have the same right of access as the parent awarded custody to anyrecords relating to the child of the parties, including school records,activities, teachers and teachers' conferences as well as medical and dentaltreatment providers and mental health records.

     

    (f) At any time the court may require parents to attendappropriate parenting classes, including but not limited to, parenting classesto lessen the effects of divorce on children.

     

    20-2-202. Visitation.

     

    (a) The court may order visitation it deems in the bestinterests of each child and the court shall:

     

    (i) Order visitation in enough detail to promote understandingand compliance;

     

    (ii) Provide for the allocation of the costs of transportingeach child for purposes of visitation;

     

    (iii) Require either parent who plans to change their home cityor state of residence, to give written notice thirty (30) days prior to themove, both to the other parent and to the clerk of district court stating thedate and destination of the move.

     

    20-2-203. Jurisdiction for enforcement and modification.

     

    (a) A court in this state which enters a custody order underW.S. 20-2-201 has continuing subject matter jurisdiction to enforce or modifythe decree concerning the care, custody and visitation of the children as thecircumstances of the parents and needs of the child require, subject to theprovisions of the Uniform Child Custody Jurisdiction and Enforcement Act. Acourt which has jurisdiction to enforce or modify an order under this sectionmay decline to exercise its jurisdiction if it finds it is an inconvenientforum under the circumstances of the case and that the court which entered theoriginal order is a more appropriate forum and has jurisdiction as set forth inthe Uniform Child Custody Jurisdiction and Enforcement Act.

     

    (b) A court in any county in Wyoming in which the child haslived with his parents, a parent or a person acting as a parent for six (6)consecutive months immediately prior to commencement of the custody proceedingmay assert subject matter jurisdiction and adjudicate any proceedings involvingthe child. Periods of temporary absence of any of the named persons shall beincluded as part of the six (6) month period.

     

    (c) Any party seeking to enforce or modify a custody orderpursuant to this section shall attach a certified copy of the custody order tothe petition to be enforced or modified. A certified copy of an order enteredby a Wyoming court providing for the care, custody or visitation of childrenmay be filed in the office of the clerk of the district court of any county inthis state in which either parent resides if neither parent resides in thecounty of original jurisdiction. The district court for the county in which theorder is filed has jurisdiction to enforce the order, provided:

     

    (i) Upon request of the district court for the county in whicha certified copy of the order has been filed, the court which originallyentered the order shall forward certified copies of the transcript of the courtrecord and pleadings, orders, decrees, records of hearings, social studies andother pertinent documents relating to the original proceeding; and

     

    (ii) The district court for the county in which a certified copyof the order has been filed shall give due consideration to the transcript ofthe record and all other documents submitted to it in accordance with paragraph(i) of this subsection.

     

    (d) In any proceeding to enforce or modify an order concerningthe care, custody and visitation of children, any required notice or pleadingshall be served as provided by the Wyoming Rules of Civil Procedure.

     

    20-2-204. Enforcement and modification.

     

    (a) Either parent may petition to enforce or modify any courtorder regarding custody and visitation.

     

    (b) A court having jurisdiction under W.S. 20-2-203 may, uponappropriate motion of a party, require a parent to appear before the court andshow just cause why the parent should not be held in contempt, upon a showingthat the parent has willfully violated an order concerning the care, custodyand visitation of the children. In order to enforce and require futurecompliance with an order the court may find that the parent is in contempt ofcourt, award attorney's fees, costs and any other relief as the court may deemnecessary under the circumstances to the party aggrieved by the violation of anorder.

     

    (c) A court having jurisdiction may modify an order concerningthe care, custody and visitation of the children if there is a showing byeither parent of a material change in circumstances since the entry of theorder in question and that the modification would be in the best interests ofthe children pursuant to W.S. 20-2-201(a). In any proceeding in which a parentseeks to modify an order concerning child custody or visitation, proof ofrepeated, unreasonable failure by the custodial parent to allow visitation tothe other parent in violation of an order may be considered as evidence of amaterial change of circumstances.

     

    ARTICLE 3 - CHILD SUPPORT

     

    20-2-301. Purpose.

     

    Wherenecessary and appropriate, the court shall enter orders, whether temporary orpermanent, pursuant to and in compliance with this article for the maintenanceof children in actions for divorce, annulment, paternity, support, out-of-homeplacement and any other action for the maintenance or support of children.

     

    20-2-302. Applicability.

     

    Thisarticle applies to all orders for the support or maintenance of children.

     

    20-2-303. Definitions.

     

    (a) As used in this article:

     

    (i) "Age of majority" means as defined in W.S.14-1-101(a) or 14-2-204(a), whichever is applicable;

     

    (ii) "Income" means any form of payment or return inmoney or in kind to an individual, regardless of source. Income includes, butis not limited to wages, earnings, salary, commission, compensation as anindependent contractor, temporary total disability, permanent partialdisability and permanent total disability worker's compensation payments,unemployment compensation, disability, annuity and retirement benefits, and anyother payments made by any payor, but shall not include any earnings derivedfrom overtime work unless the court, after considering all overtime earningsderived in the preceding twenty-four (24) month period, determines the overtimeearnings can reasonably be expected to continue on a consistent basis. Indetermining income, all reasonable unreimbursed legitimate business expensesshall be deducted. Means tested sources of income such as Pell grants, aidunder the personal opportunities with employment responsibilities (POWER) program,food stamps and supplemental security income (SSI) shall not be considered asincome. Gross income also means potential income of parents who are voluntarilyunemployed or underemployed;

     

    (iii) "Net income" means income as defined in paragraph(ii) of this subsection less personal income taxes, social security deductions,cost of dependent health care coverage for all dependent children, actualpayments being made under preexisting support orders for current support ofother children, other court-ordered support obligations currently being paidand mandatory pension deductions. Payments towards child support arrearageshall not be deducted to arrive at net income;

     

    (iv) "This article" means W.S. 20-2-301 through20-2-315.

     

    20-2-304. Presumptive child support.

     

    (a) Child support shall be expressed in a specific dollaramount. The following child support tables shall be used to determine the totalchild support obligation considering the combined income of both parents. Theappropriate table is based upon the number of children for whom the parentsshare joint legal responsibility and for whom support is being sought. Afterthe combined net income of both parents is determined it shall be used in thefirst column of the tables to find the appropriate line from which the totalchild support obligation of both parents can be computed from the third column.The child support obligation computed from the third column of the tables shallbe divided between the parents in proportion to the net income of each. Thenoncustodial parent's share of the joint child support obligation shall be paidto the custodial parent through the clerk of court:

     

    (i) One (1) child:

     

    Net Monthly Percentage of

     

    Income of Income

     

    Both Allocated For BaseSupport Plus

     

    Parents One Child MarginalPercentage

     

    $833.00 26.2 $218.00 + 24.3%over $ 833.00

     

    $2,083.00 25.1 $522.00 + 23.3%over $2,083.00

     

    $2,917.00 24.6 $716.00 + 12.9%over $2,917.00

     

    $3,750.00 22.0 $824.00 + 10.7%over $3,750.00

     

    $5,000.00 19.2 $958.00 + 9.9%over $5,000.00

     

    $6,667.00 16.8 $1,122.00 + 9.4%over $6,667.00

     

    $8,958.00 14.9 $1,338.00 + 5.9%of anything
    over $8,958.00

     

    (ii) Two (2) children:

     

    Net Monthly Percentage of

     

    Income of Income

     

    Both Allocated For Base SupportPlus

     

    Parents Two Children MarginalPercentage

     

    $833.00 36.8 $307.00 + 33.8%over $ 833.00

     

    $2,083.00 35.0 $729.00 + 31.9%over $2,083.00

     

    $2,917.00 34.1 $995.00 + 16.4%over $2,917.00

     

    $3,750.00 30.2 $1,131.00 +13.1% over $3,750.00

     

    $5,000.00 25.9 $1,295.00 +12.5% over $5,000.00

     

    $6,667.00 22.5 $1,503.00 +12.5% over $6,667.00

     

    $8,958.00 20.0 $1,790.00 + 7.0% of anything
    over $8,958.00

     

    (iii) Three (3) children:

     

    Net Monthly Percentage of

     

    Income of Income

     

    Both Allocated For BaseSupport Plus

     

    Parents Three Children MarginalPercentage

     

    $833.00 42.7 $356.00 + 38.7%over $ 833.00

     

    $2,083.00 40.3 $840.00 + 36.4%over $2,083.00

     

    $2,917.00 39.2 $1,144.00 +16.8% over $2,917.00

     

    $3,750.00 34.2 $1,284.00 +13.3% over $3,750.00

     

    $5,000.00 29.0 $1,450.00 +13.7% over $5,000.00

     

    $6,667.00 25.2 $1,677.00 +12.2% over $6,667.00

     

    $8,958.00 21.9 $1,958.00 + 7.7% of anything
    over $8,958.00

     

    (iv) Four (4) children:

     

    Net Monthly Percentage of

     

    Income of Income

     

    Both Allocated For BaseSupport Plus

     

    Parents Four Children MarginalPercentage

     

    $833.00 47.6 $ 397.00 +43.2% over $ 833.00

     

    $2,083.00 45.0 $ 937.00 +40.6% over $2,083.00

     

    $2,917.00 43.7 $1,275.00 +18.7% over $2,917.00

     

    $3,750.00 38.2 $1,431.00 +14.8% over $3,750.00

     

    $5,000.00 32.3 $1,616.00 +15.2% over $5,000.00

     

    $6,667.00 28.1 $1,870.00 +13.7% over $6,667.00

     

    $8,958.00 24.4 $2,183.00 + 8.6% of anything
    over $8,958.00

     

    (v) Five (5) or more children:

     

    Net Monthly Percentage of

     

    Income of Income

     

    Both Allocated For BaseSupport Plus

     

    Parents Five Children MarginalPercentage

     

    $833.00 52.4 $ 436.00 +47.5% over $ 833.00

     

    $2,083.00 49.5 $1,030.00 +44.7% over $2,083.00

     

    $2,917.00 48.1 $1,403.00 +20.6% over $2,917.00

     

    $3,750.00 42.0 $1,575.00 +16.3% over $3,750.00

     

    $5,000.00 35.6 $1,778.00 +16.8% over $5,000.00

     

    $6,667.00 30.9 $2,057.00 +15.0% over $6,667.00

     

    $8,958.00 26.8 $2,402.00 + 9.4% of anything
    over $8,958.00

     

    (b) Where the combined income of the custodial parent and thenoncustodial parent is less than eight hundred thirty-three dollars ($833.00),the support obligation of the noncustodial parent shall be twenty-five percent(25%) of net income, but in no case shall the support obligation be less than fiftydollars ($50.00) per month for each family unit in which there are children towhom the noncustodial parent owes a duty of support.

     

    (c) When each parent keeps the children overnight for more thanforty percent (40%) of the year and both parents contribute substantially tothe expenses of the children in addition to the payment of child support, ajoint presumptive support obligation shall be determined by use of the tables.After the joint presumptive child support obligation is derived from column threeof the tables, that amount shall be divided between the parents in proportionto the net income of each. The proportionate share of the total obligation ofeach parent shall then be multiplied by the percentage of time the childrenspend with the other parent to determine the theoretical support obligationowed to the other parent. The parent owing the greater amount of child supportshall pay the difference between the two (2) amounts as the net child supportobligation.

     

    (d) When each parent has physical custody of at least one (1)of the children, a joint presumptive support obligation for all of the childrenshall be determined by use of the tables. The joint presumptive support amountshall be divided by the number of children to determine the presumptive supportobligation for each child, which amount shall then be allocated to each parentbased upon the number of those children in the physical custody of that parent.That sum shall be multiplied by the percentage that the other parent's net incomebears to the total net income of both parents. The obligations so determinedshall then be offset, with the parent owing the larger amount paying thedifference between the two (2) amounts to the other parent as a net childsupport obligation.

     

    (e) If a proportion of a support obligor's social security orveteran's benefit is paid directly to the custodian of the obligor's dependentswho are the subject of the child support order, the total amount of the socialsecurity or veteran's benefit, including the amounts paid to the obligor andcustodian under the child support order, shall be counted as gross income tothe obligor. However, in determining the support amount, the amount of thesocial security or veteran's benefit sent directly to the custodian shall besubtracted from the obligor's share of presumptive support. If the subtractionof the social security or veteran's benefit sent directly to the custodianresults in a negative dollar amount, the support amount shall be set at zero. The child support obligation shall be offset by the amount of the socialsecurity or veteran's benefit sent directly to the custodian, beginning fromthe time the custodian began receiving the social security or veteran'sbenefit. The obligor or the department of family services may apply to thecourt to receive a credit against arrears for any social security or veteran'sbenefits that are paid retroactively to the custodian. For purposes of thissubsection, "custodian" means the custodian of dependent childrenunder a child support order and the physical custodian of dependent childrenwho are the subject of a child support order.

     

    20-2-305. Abatements.

     

    (a) Unless otherwise ordered by the court, child support shallabate by one-half (1/2) of the daily support obligation for each day thenoncustodial parent has physical custody of the child for whom support is due,provided that the noncustodial parent has custody of the child for fifteen (15)or more consecutive days. For the purposes of computing abatement and determiningwhether the noncustodial parent has met the consecutive day requirement of thissubsection, overnight and weekend visits with the custodial parent during theperiod for which abatement is claimed shall be disregarded.

     

    (b) The noncustodial parent shall file any claim for childsupport abatement with the clerk of the court within thirty (30) days after theperiod for which abatement is claimed and shall pay to the clerk the sum of tendollars ($10.00). The clerk shall mail a copy of the claim to the custodialparent at the address provided to the clerk by the custodial parent.

     

    (c) The custodial parent shall have the right to object to anyclaim for abatement made by the noncustodial parent. The custodial parent'sright to object shall be limited solely to issues related to the legitimacy oraccuracy of the abatement claim. The custodial parent shall file any objectionto the abatement claim with the clerk of court within thirty (30) days of thedate the clerk mailed the notice of claim for abatement and shall pay to theclerk a fee of ten dollars ($10.00). The custodial parent may approve theabatement claim prior to the expiration of the thirty (30) day time period forobjections by filing notice of immediate approval with the clerk of the court,and no filing fee shall be assessed for filing of such notice of immediateapproval. The clerk shall mail a copy of the objection or notice of immediateapproval to the noncustodial parent at the address provided to the clerk bythat parent.

     

    (d) Claims, objections or responses not timely filed or notaccompanied by the requisite fee are barred without further order of the court.

     

    (e) The clerk shall notify the court of claims and objectionsnot barred and of any arrearage owed by the noncustodial parent, and the courtshall promptly resolve the differences, with or without a hearing, and prepareand file an appropriate order.

     

    (f) Abatement amounts shall be applied to any current childsupport due and then to any arrearage balance owed to the custodial parent forpast-due child support. If there is no arrearage and no objection was filedwithin the thirty (30) day period for objections, or if there is no arrearageand a notice of immediate approval was filed prior to the expiration of thethirty (30) day period for objections, the abatement amount shall be reducedfrom the next scheduled payment of child support.

     

    (g) In all cases in which the custodial parent has filed anobjection to a claim for abatement within the thirty (30) day time period, thenoncustodial parent shall have the right to respond to the objection. Thenoncustodial parent's right to respond to the objection shall be limited solelyto issues raised in the objection. The noncustodial parent shall file anyresponse with the clerk of the court within fifteen (15) days of the date theclerk mailed the objection to the noncustodial parent, and no filing fee shallbe assessed. The clerk shall mail a copy of the response to the custodialparent at the address provided to the clerk by the custodial parent. The courtshall fully consider the abatement claim of the noncustodial parent regardlessof whether a response to the objection was filed.

     

    (h) For purposes of this section, "weekend" means anytwo (2) consecutive days, except if a legal holiday precedes or follows thedays constituting a weekend under this section the weekend shall consist ofthree (3) days.

     

    20-2-306. Revision of presumptive child support.

     

    Onor before December 1, 1996, and at least once every four (4) years thereafter,the department of family services shall review the presumptive child supportestablished under this article to ensure that application results in thedetermination of appropriate child support award amounts.

     

    20-2-307. Presumptive child support to be followed; deviations bycourt.

     

    (a) The presumptive child support established by W.S. 20-2-304shall be rebuttably presumed to be the correct amount of child support to beawarded in any proceeding to establish or modify temporary or permanent childsupport amounts. Every order or decree providing for the support of a childshall set forth the presumptive child support amount and shall state whetherthe order or decree departs from that amount.

     

    (b) A court may deviate from the presumptive child supportestablished by W.S. 20-2-304 upon a specific finding that the application ofthe presumptive child support would be unjust or inappropriate in thatparticular case. In any case where the court has deviated from the presumptivechild support, the reasons therefor shall be specifically set forth fully inthe order or decree. In determining whether to deviate from the presumptivechild support established by W.S. 20-2-304, the court shall consider thefollowing factors:

     

    (i) The age of the child;

     

    (ii) The cost of necessary child day care;

     

    (iii) Any special health care and educational needs of the child;

     

    (iv) The responsibility of either parent for the support ofother children, whether court ordered or otherwise;

     

    (v) The value of services contributed by either parent;

     

    (vi) Any expenses reasonably related to the mother's pregnancyand confinement for that child, if the parents were never married or if theparents were divorced prior to the birth of the child;

     

    (vii) The cost of transportation of the child to and fromvisitation;

     

    (viii) The ability of either or both parents to furnish health,dental and vision insurance through employment benefits;

     

    (ix) The amount of time the child spends with each parent;

     

    (x) Any other necessary expenses for the benefit of the child;

     

    (xi) Whether either parent is voluntarily unemployed orunderemployed. In such case the child support shall be computed based upon thepotential earning capacity (imputed income) of the unemployed or underemployedparent. In making that determination the court shall consider:

     

    (A) Prior employment experience and history;

     

    (B) Educational level and whether additional education wouldmake the parent more self-sufficient or significantly increase the parent'sincome;

     

    (C) The presence of children of the marriage in the parent'shome and its impact on the earnings of that parent;

     

    (D) Availability of employment for which the parent isqualified;

     

    (E) Prevailing wage rates in the local area;

     

    (F) Special skills or training; and

     

    (G) Whether the parent is realistically able to earn imputedincome.

     

    (xii) Whether or not either parent has violated any provision ofthe divorce decree, including visitation provisions, if deemed relevant by thecourt; and

     

    (xiii) Other factors deemed relevant by the court.

     

    (c) If the parties fail to agree that the presumptive childsupport amount under W.S. 20-2-304 is appropriate, the court may order theparty seeking to deviate from the presumptive child support amount to payreasonable attorney fees and court costs to the other party unless, afterhearing the evidence and considering the factors contained in subsection (b) ofthis section, the court deviates from the presumptive support amount.

     

    (d) Agreements regarding child support may be submitted to thecourt. All such agreements shall be accompanied by a financial affidavit asrequired by W.S. 20-2-308. The court shall use the presumed child supportamounts to review the adequacy of child support agreements negotiated by theparties. If the agreed amount departs from the presumed child support, theparties shall furnish statements of explanation which shall be included withthe forms and shall be filed with the court. The court shall review theagreement and inform the parties whether or not additional or correctedinformation is needed, or that the agreement is approved or disapproved. Noagreement which is less than the presumed child support amount shall beapproved if means tested sources of income such as aid under the personal opportunitieswith employment responsibilities (POWER) program, health care benefits underTitle XIX of the Social Security Act, food stamps, supplemental security income(SSI) or other similar benefits are being paid on behalf of any of thechildren.

     

    20-2-308. Financial affidavits required; financial reporting.

     

    (a) No order establishing or modifying a child supportobligation shall be entered unless financial affidavits on a form approved bythe Wyoming supreme court which fully discloses the financial status of theparties have been filed, or the court has held a hearing and testimony has beenreceived.

     

    (b) Financial affidavits of the parties shall be supported withdocumentation of both current and past earnings. Suitable documentation ofcurrent earnings includes but is not limited to pay stubs, employer statements,or receipts and expenses if self-employed. Documentation of current earningsshall be supplemented with copies of the most recent tax return to provideverification of earnings over a longer period.

     

    (c) The court may require, or the parents may agree, toexchange financial and other appropriate information once a year or less often,by regular mail, for the purpose of analyzing the propriety of modification ofcourt ordered child support.

     

    (d) All financial affidavits and records required by law to beattached to the affidavit shall constitute a confidential file and are subjectto inspection by persons other than the parties, their attorneys or thedepartment of family services to the extent necessary to enforce the ChildSupport Enforcement Act and the Uniform Interstate Family Support Act only bycourt order.

     

    20-2-309. Contents of orders; change of address or employment; incomewithholding entered; payment.

     

    (a) All orders shall include the:

     

    (i) Names, addresses, dates of birth and places of birth of theparties and all children to whom the order relates;

     

    (ii) Names and addresses of each party's employer; and

     

    (iii) Repealed By Laws 2004, Chapter 72, 2.

     

    (iv) Right of either party or, when appropriate, the departmentof family services to petition to enforce an order pursuant to W.S. 20-2-201through 20-2-204, 20-2-310 and 20-2-311(d).

     

    (b) All child support orders shall be accompanied by aconfidential statement that contains the social security numbers of each partyand each child. The confidential statement may be inspected by:

     

    (i) The parties and their attorneys;

     

    (ii) The department of family services to the extent necessaryto enforce the Child Support Enforcement Act and the Uniform Interstate FamilySupport Act; and

     

    (iii) Other persons or entities, if permitted by court order.

     

    (c) The court shall order each party to notify the clerk ofcourt in writing within fifteen (15) days of any change in address or employment.

     

    (d) In any subsequent enforcement action brought under thischapter in which the parties were previously ordered to provide the clerk ofthe court with their current residential, mailing and employer's address, thecourt, upon sufficient showing to the satisfaction of the court that a diligenteffort has been made to ascertain the location of a party, shall deem state dueprocess requirements for notice and service of process to be met upon deliveryof written notice to the most recent residential or employer address of thatparty filed with the clerk of the district court and the state case registrypursuant to the requirements of this section provided:

     

    (i) An affidavit attesting to the diligent effort to locate theparty is filed with the court at the time of filing the subsequent enforcementaction; and

     

    (ii) Delivery of the written notice to the most recentresidential or employer address of the party is made by personal service or bycertified mail.

     

    (e) Upon entry of any order for the support of a child underthis section the court shall also enter an income withholding order as providedby W.S. 20-6-204.

     

    (f) All child support payments shall be paid to the clerk ofthe district court.

     

    (g) For purposes of this section, "party" does notinclude the department of family services.

     

    20-2-310. Enforcement of child support.

     

    (a) In any proceeding to enforce the decree concerning themaintenance of children, any required notice or pleading shall be served asprovided by the Wyoming Rules of Civil Procedure.

     

    (b) A court may, upon appropriate motion, require a parent toappear before the court and show just cause why the parent should not be heldin contempt and, upon a showing that the parent has willfully violated a childsupport order, make such order or orders as the court deems necessary andappropriate.

     

    (c) In any case in which child support has been ordered to bepaid to the clerk of the court, any periodic payment or installment under theprovisions of an order concerning maintenance is, on the date it is due, ajudgment by operation of law.

     

    (d) If an able-bodied obligor is unemployed and otherwiseunable to fulfill his court-ordered child support obligation, the court mayorder the obligor to participate in the personal opportunities with employmentresponsibilities (POWER) work program administered by the department ofworkforce services, excluding the benefit portion of that program, withoutregard to the program eligibility requirements under title 42 or the departmentrules and regulations promulgated thereunder.

     

    (e) The court in order to enforce and require future compliancewith an order, may find that the parent is in contempt of court, award attorneyfees, costs and any other relief as the court may deem necessary under the circumstances.

     

    20-2-311. Adjustment of child support orders.

     

    (a) Any party, or the department of family services in the caseof child support orders being enforced by the department, may petition for areview 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. Thepetition shall allege that, in applying the presumptive child support establishedby this article, the support amount will change by twenty percent (20%) or moreper month from the amount of the existing order. The court shall require theparents to complete a verified financial statement on forms approved by theWyoming supreme court, and shall apply the presumptive child support set out inthis article in conducting the review and adjustment. If, upon applying thepresumptive child support to the circumstances of the parents or child at thetime of the review, the court finds that the support amount would change bytwenty percent (20%) or more per month from the amount of the existing order,the court shall consider there to be a change of circumstances sufficient tojustify the modification of the support order. The provisions of this sectiondo not preclude a party or assignee from bringing an action for modification ofa support order, based upon a substantial change of circumstances, at any time.Every three (3) years, upon the request of either parent or, if there is a currentassignment of support rights in effect, upon the request of the department, thecourt, with respect to a support order being enforced under this article andtaking into account the best interests of the child involved, shall review and,if appropriate, adjust the order in accordance with the guidelines establishedpursuant to this article. Any adjustment under the three (3) year cycle shallbe made without a requirement for a showing of a change in circumstances. Thecommencement of aid under the personal opportunities with employmentresponsibilities (POWER) program, medical benefits under Title XIX of theSocial Security Act, food stamps and supplemental security income (SSI) shallbe considered a substantial change of circumstances requiring modification ofchild support.

     

    (b) Notwithstanding any other provision of law, if the partiesfail to agree that the presumptive child support amount under W.S. 20-2-304 isappropriate, the court may order the party seeking to deviate from thepresumptive child support amount to pay a reasonable attorney fee and courtcosts to the other party unless, after hearing the evidence and considering thefactors contained in W.S. 20-2-307(b), the court deviates from the presumptivesupport amount.

     

    (c) In addition to the petition authorized under subsection (a)of this section, the court on its own motion, or the department withoutpetitioning the court, may increase monthly child support payments to includeamounts for arrearages or may decrease the monthly child support payment incases of emergencies or if the arrearages are paid. Any action by thedepartment to increase monthly child support payments under this subsectionshall allow the obligor a reasonable opportunity to contest the action inaccordance with the Wyoming Administrative Procedure Act and rules andregulations adopted by the department.

     

    (d) An order for child support is not subject to retroactivemodification except:

     

    (i) Upon agreement of the parties; or

     

    (ii) The order may be modified with respect to any period duringwhich a petition for modification is pending, but only from the date notice ofthat petition was served upon the obligee as provided by the Wyoming Rules ofCivil Procedure, if the obligor or the department is the petitioner, or to theobligor, if the obligee or the department is the petitioner.

     

    20-2-312. Redirection of child support.

     

    Uponaffidavit by the current custodian or the department filed with the clerk ofthe district court, or by operation of law when public funds have been expendedon behalf of a minor child, that the care and control of the child resides in aparty other than the obligee under a child support order, the child supportshall, by operation of law, be redirected to the person or agency who has thecare and control of the child and shall be subject to assignment by the personhaving the care and control of the child pursuant to W.S. 20-6-106. Thedepartment, upon proof by affidavit filed with the clerk of district court orupon verified information it has received pursuant to W.S. 20-6-106 that thechild support is subject to an assignment, may redirect the child support tothe person or agency in whose favor the assignment is made.

     

    20-2-313. Cessation of child support.

     

    (a) An on-going child support obligation terminates when the:

     

    (i) Parents marry or remarry each other;

     

    (ii) Child dies;

     

    (iii) Child is legally emancipated; or

     

    (iv) Child attains the age of majority.

     

    (b) After the remarriage of the parents to each other, thecourt may eliminate all child support arrearage existing between the parentsexcept those assigned to the state of Wyoming.

     

    20-2-314. Court may appoint trustees to manage amount set aside forchildren.

     

    Uponapplication by any party, the court may order any amount set apart for thechildren to be paid to a trustee or trustees appointed by the court, upon trustto invest the same and to apply the income thereof to the support of thechildren in such manner as the court directs. This section does not apply toperiodic payments designated as child support by a court order.

     

    20-2-315. Court may require security for child support payments.

     

     

    (a) Upon the issuance of any order or entering of a decreeunder this chapter which provides for child support payments, or any timethereafter following notice and opportunity for hearing, the court may, forgood cause shown, require the obligor to provide security of nonexempt propertythat the court deems satisfactory to secure payment of child support.

     

    (b) The court, upon petition and following notice and hearing,shall no longer require the order for security if the court determines:

     

    (i) Good cause no longer exists to require security to assurepayment upon the obligation to pay child support; and

     

    (ii) There is no overdue support outstanding.

     

    (c) Once the child support obligation has terminated andarrearages satisfied, the security shall be released.

     

    ARTICLE 4 - MEDICAL SUPPORT FOR CHILDREN

     

    20-2-401. Medical support to be included as part of child supportorder.

     

    (a) In any action to establish or modify a child supportobligation, the court shall order either or both of the parents to providemedical support, which may include dental, optical or other health care needsfor their dependent children. The court shall:

     

    (i) Require in the support order:

     

    (A) That one (1) or both parents shall provide insurancecoverage for the children if insurance can be obtained at a reasonable cost andthe benefits under the insurance policy are accessible to the children; and

     

    (B) That both parents be liable to pay any medical expenses notcovered by insurance and any deductible amount on the required insurancecoverage as cash medical support; or

     

    (ii) Specify in the court order the proportion for which eachparent will be liable for any medical expenses as cash medical support, whichmay include dental, optical or other health care expenses incurred by anyperson or agency on behalf of a child if the expenses are not covered byinsurance.

     

    (b) When the insurance coverage is ordered pursuant tosubsection (a) of this section, the court shall order the obligated parent tosubmit to the court and to the other parent, or to the other parent'srepresentative, written proof that the insurance has been obtained or thatapplication for insurability has been made within sixty (60) days after theentry of the order requiring insurance coverage. Proof of insurance coverageshall contain, at a minimum:

     

    (i) The name of the insurer;

     

    (ii) The policy number;

     

    (iii) The address to which all claims should be mailed;

     

    (iv) A description of any restrictions on usage, such aspreapproval for hospital admission, and the manner in which to obtainpreapproval;

     

    (v) A description of all deductibles; and

     

    (vi) Two (2) copies of claim forms.

     

    (c) The court shall order the obligated parent to notify thecourt and the other parent if insurance coverage for any child is denied,revoked, or altered in any way that would affect the other parent including anychange relating to information required in

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