When parents in Wyoming separate or divorce, determining child support is crucial to ensuring children are financially supported. The Wyoming child support basics may seem complex at first, but the state follows clear guidelines to ensure children receive fair financial support from both parents. Whether you're the parent who will receive payments or the one who will pay, knowing how the system works helps you protect your rights and meet your obligations.
What is child support in Wyoming?
Child support is money one parent pays to the other parent to help cover the costs of raising their children. In Wyoming, both parents have a legal duty to financially support their children, regardless of whether they were married, divorced, or never together.
Who pays child support?
Typically, the parent who doesn't have the children living with them most of the time (the noncustodial parent) makes child support payments to the custodial parent. The custodial parent is the one who has physical custody, meaning the children live with them for most of the time.
However, in shared-custody situations where both parents have the children for significant periods, the calculation becomes more complex. Sometimes, a parent who has the children more than half the time may still owe support if they earn considerably more than the other parent.
What does child support cover?
Child support payments help cover basic living expenses for children, including food, clothing, housing, and school supplies. The funds can also be used for healthcare costs, childcare expenses, transportation, and extracurricular activities. The idea is that both parents contribute financially to ensure their children have a similar standard of living they would have had if the parents had lived together.
How is child support calculated in Wyoming?
Wyoming uses the "income shares model" to calculate child support. This approach is based on the idea that children should receive the same share of their parents' income as they would if the family were still living together.
What is the income shares model?
Here's how it works step-by-step:
- Step 1: Calculate each parent's net monthly income. This includes wages, tips, commissions, self-employment income, retirement benefits, disability payments, and unemployment compensation.
- Step 2: Add both parents' incomes together to get the parents combined monthly income.
- Step 3: Look at the Wyoming child support guidelines table, which shows the total child support obligation based on combined income and the number of children.
- Step 4: Split this total obligation between both parents based on what percentage each contributes to the combined income.
For example, if the custodial parent earns $2,200 per month and the noncustodial parent earns $2,800 per month, their combined income is $5,000. The noncustodial parent earns 56% of that total ($2,800 ÷ $5,000), so they would be responsible for 56% of the basic child support obligation.
What counts as income?
When calculating child support, Wyoming courts look at several types of income:
- Wages and salaries
- Tips and bonuses
- Self-employment or business income
- Commissions
- Retirement pay and annuities
- Workers' compensation benefits
- Disability benefits
- Unemployment compensation
What doesn't count as income? Public assistance based on need, such as SNAP benefits (food stamps), SSI, Pell grants, and similar need-based programs. Also, overtime pay doesn't count unless it's expected to continue regularly.
What deductions are allowed?
To get from gross income to net income, Wyoming allows certain deductions:
- Federal and state income taxes
- Social Security and Medicare taxes
- Health insurance premiums paid for the children
- Mandatory employment-related retirement contributions
- Current payments under existing child support orders for other children
If you're self-employed, you can also deduct reasonable and necessary business expenses that you actually paid and weren't reimbursed for.
What happens with shared custody arrangements?
Wyoming recognizes that parents spend more money when kids live with them. That's why special calculations apply when custody is shared.
When does the shared custody calculation apply?
The shared physical custody formula kicks in when each parent has the children overnight for more than 25% of the year, that's at least 92 overnights. Both parents must contribute substantially to the children's expenses beyond child support.
In these situations, the guidelines use a different formula that accounts for how much time each parent spends with the children. This can significantly change who pays support and how much.
What about split custody?
Split custody happens when there are multiple children, and each parent has physical custody of at least one child. For instance, if you have three kids and the oldest lives primarily with one parent while the two younger ones live with the other parent, that's split custody.
Wyoming has a specific calculation for these situations, which determines which parent pays support and the amount of the child support obligation.
Can the child support amount be different from the guidelines?
Yes. The amount calculated using the Wyoming child support guidelines is called "presumptive child support." Courts assume this is the right amount, but it can be adjusted under certain circumstances.
What are deviation factors?
A judge can order a different amount of support if evidence shows the presumptive amount would be unfair. Before doing this, the judge must consider several factors:
- The child's age
- Special healthcare or educational needs
- Daycare costs
- Transportation costs for visitation
- The ability of either parent to provide health insurance through work
- How much time the child spends with each parent
- Either parent's responsibility for supporting other children
- The value of services either parent provides (like staying home to care for the child)
- Whether either parent is voluntarily unemployed or underemployed
If you and the other parent agree to a support amount different from the guidelines, you'll need to submit a written explanation to the court explaining why the deviation makes sense.
What if a parent isn't working on purpose?
If either parent is voluntarily unemployed or deliberately working below their potential, the court can use "imputed income" instead of actual income. This means the judge assigns them an income based on what they could realistically earn.
For instance, if a parent with a law degree is working part-time at minimum wage when they could be practicing law, the court might calculate support based on what a lawyer typically earns, not what they're currently making.
How do you establish a child support order?
Getting a child support order in place requires going through the legal system.
Who can file a petition for child support?
If you're going through a divorce, child support gets addressed as part of the divorce process. If you were never married to the other parent, you can file a petition for child support through the Wyoming District Court or apply for services with the Wyoming child support program.
The Wyoming Child Support Program (part of the Department of Family Services) helps parents establish paternity, create child support orders, and enforce payments. Their services are available to any parent who needs help, whether you receive public assistance or not.
What is the process?
To establish a child support order, the court needs:
- Jurisdiction over both parents
- Proper service of process (official notification to both parents)
- Income information for both parents
Both parents will typically need to complete a financial affidavit showing all their income, expenses, assets, and debts. If a parent doesn't complete the form, the court may review other sources, such as employment records, tax returns, and public records, to determine income.
What about establishing paternity?
If you were never married to the other parent, paternity must be established before child support can be ordered. This can happen in a few ways:
- Both parents sign a voluntary acknowledgment of paternity
- The court orders genetic testing
- A court proceeding establishes paternity
Once paternity is established, the child support process can move forward.
How are child support payments made?
Wyoming has specific rules about how child support gets paid to ensure payments are tracked and reach the custodial parent reliably.
What is the State Disbursement Unit?
All child support payments in Wyoming must go through the State Disbursement Unit (SDU). This is a central processing center that receives payments from noncustodial parents and sends them to custodial parents.
Using the SDU creates an official record of all payments, which protects both parents. The paying parent has proof they made payments on time, and the receiving parent has documentation if payments are late or missing.
What is income withholding?
In most cases, child support gets automatically withheld from the noncustodial parent's paycheck, similar to how taxes are withheld. This is called an income withholding order.
The employer receives the court order and deducts the child support amount from each paycheck before the employee gets paid. The employer then sends that money to the SDU, which forwards it to the custodial parent.
Income withholding happens automatically unless:
- Both parents agree to a different arrangement in writing
- The judge finds a good reason not to require it (like if the parent is self-employed)
Can parents pay each other directly?
Even if income withholding doesn't apply, parents should never just hand cash or personal checks to each other for child support. All payments must go through the SDU to create an official record. Parents can pay online or send payments directly to the SDU.
What happens if someone doesn't pay child support?
When a parent falls behind on child support payments, Wyoming has multiple tools to enforce the child support order.
What is child support enforcement?
The Wyoming Child Support Program provides child support enforcement services. If you're not receiving the payments you're owed, you can apply for help from the program.
Enforcement methods include:
- Intercepting tax refunds and lottery winnings
- Placing holds on bank accounts
- Seizing assets
- Suspending driver's licenses
- Suspending professional licenses (like for doctors, lawyers, contractors)
- Suspending recreational licenses (hunting and fishing permits)
- Reporting the debt to credit bureaus
- Denying or revoking passports
Can you file for contempt of court?
If the other parent willfully refuses to pay child support despite having the ability to do so, you can file a motion asking the court to hold them in contempt. This is a serious legal action that can result in fines or even jail time.
If you win a contempt case, the judge might also order the other parent to pay your attorney fees and court costs on top of the past-due support.
How long does child support last?
Child support doesn't continue forever. Wyoming has specific rules about when the child support obligation ends.
When does support end?
Generally, child support ends when:
- The child turns 18
- The child graduates from high school (whichever comes later, but the child must be under 20)
- The child becomes emancipated (legally independent before age 18)
- The child dies
- The parents marry or remarry each other
What about disabled children?
If a child has a physical or mental disability that prevents them from supporting themselves, child support can continue past age 18. These cases require special court orders that address the child's ongoing needs.
Can parents agree to pay for college?
Parents can agree to extend child support past high school to help with college expenses. However, this isn't required by Wyoming law. If you want this arrangement, both parents must agree in writing and submit it to the court so it becomes part of an official court order.
Can child support orders be changed?
Life circumstances change, and when they do, you might need to modify child support orders.
What are the grounds for modification?
There are three ways to get a child support order changed in Wyoming:
1. Substantial change in circumstances: You can file to modify child support at any time if you can prove there's been a major change that affects the support amount. Examples include:
- A significant increase or decrease in either parent's income
- Job loss
- Major changes in childcare costs
- Substantial medical expenses for the child
- Changes in custody arrangements
2. The 20% rule: If it's been at least six months since the support order was issued or last reviewed, either parent can ask the Wyoming Child Support Program to review the order. If a new calculation would result in a 20% difference in the presumptive support amount, that automatically counts as grounds for modification.
3. Three-year review: Every three years, either parent can request a review and potential adjustment without having to prove any change in circumstances.
How do you modify child support orders?
To modify child support, you need to file a petition with the court explaining why the change is needed. Both parents will submit updated financial information, and the court will recalculate support using current incomes and circumstances.
Important: Any modification is only retroactive to when the other parent received official notice of the petition. If you wait six months to file, you can't get credit for those six months. File as soon as you know you need a change.
Where can you get help with child support?
Several resources are available to help Wyoming parents navigate child support matters.
Wyoming Child Support Program
The Wyoming Child Support Program offers free services to help parents establish paternity, create child support orders, enforce existing orders, and modify child support payments. They have offices throughout Wyoming and can handle much of the legal work for you.
Online child support calculator
Wyoming provides a free online child support calculator on the Child Support Program website. You can enter both parents' incomes and other relevant information to estimate what the presumptive support amount would be. This helps you prepare for negotiations or court hearings.
Legal assistance
While many parents successfully handle child support cases on their own or with help from the Child Support Program, some situations call for hiring a private attorney. Consider getting legal help if:
- You're arguing for a deviation from the guideline amount
- Your case involves complex income (business ownership, variable income)
- The other parent has an attorney, and you need equal representation
- You're dealing with enforcement problems or contempt issues
Wyoming offers self-help resources through the court system, including forms and instructions for representing yourself. However, an attorney can identify issues you might miss and protect your long-term interests.
The Wyoming child support basics come down to ensuring children receive financial support from both parents based on a fair calculation of what each parent can afford. By following the Wyoming child support guidelines, paying through the State Disbursement Unit (SDU), and promptly addressing changes through the court when needed, parents can meet their child support obligation while minimizing conflict and protecting their children's well-being.