Wyoming Child Support Order

A Wyoming child support order is a legally binding court document that requires one parent to pay financial support to the other parent for their children's care. Getting a Wyoming child support order in place protects your children's right to financial support and creates an enforceable payment structure that both parents must follow.

What is a Wyoming child support order?

A Wyoming child support order is an official court decree issued by a Wyoming District Court that specifies the amount of child support to be paid, the due dates, and the method of payment. The order is a legal document with the same authority as any other court judgment.

What does the order include?

A complete Wyoming child support order typically contains:

  • Monthly payment amount
  • Payment schedule
  • Payment method
  • Parent information
  • Child information
  • Medical support provisions
  • Income withholding order
  • Retroactive support

Is a child support order required?

Yes, if you want enforceable child support payments. Informal agreements between parents have no legal weight. Without an official court order, the receiving parent has no legal remedy if payments cease, and the paying parent has no official proof of payment. The Wyoming child support program cannot enforce support absent a court order.

How do you establish a child support order in Wyoming?

Getting a Wyoming child support order requires going through the court system, either as part of a divorce or as a standalone action.

If you're getting divorced

When married parents divorce, child support is addressed in the divorce proceedings. The divorce decree will include the child support order, custody arrangements, property division, and other terms.

Both parents submit financial information to the court, and the judge determines support pursuant to Wyoming's guidelines. Parents may agree on an amount or allow the court to decide after a hearing.

If you were never married

Unmarried parents can establish a Wyoming child support order by:

Option 1: Apply for services through the Wyoming Child Support Program

The Wyoming Child Support Program (a division of the Department of Family Services) provides free services to help establish child support orders. They will:

  • Help establish paternity if needed
  • File the petition with the court on your behalf
  • Calculate the support amount using state guidelines
  • Handle the service of process to notify the other parent
  • Represent you at hearings if necessary

To apply, contact your local child support office or apply online through the Wyoming Department of Family Services website.

Option 2: File your own petition in District Court

You can file a Petition to Establish Support directly with your county's District Court. You'll need to:

  • Complete the petition forms
  • Pay the filing fee (around $70-120, depending on the county)
  • Arrange for the other parent to be served with the petition
  • Attend the hearing
  • Present financial information to the court

What information do you need?

To establish a Wyoming child support order, the court needs:

  • Jurisdiction:  At least one parent must live in Wyoming
  • Proper service:  The other parent must be officially notified of the proceedings
  • Income information:  Both parents must provide complete financial information, including pay stubs, tax returns, and proof of other income
  • Custody arrangement:  Information about where the children live and how much time they spend with each parent
  • Paternity:  If the parents were never married, paternity must be established first

What are the three ways a child support order gets established?

Once a petition is filed, the case can proceed in one of three ways.

Default order

If the noncustodial parent is properly served with the petition but doesn't respond within the required timeframe (typically 20-30 days), the court can enter a default judgment. This means the order goes forward based on the information provided by the parent who filed.

Default orders include:

  • The presumptive child support amount based on available income information
  • Medical support requirements
  • Retroactive support judgment

Before entering a default judgment, the court must verify the noncustodial parent's military status under the Servicemembers Civil Relief Act. If they're on active duty, the court may appoint an attorney to represent them or require a bond.

Stipulated order

If both parents agree on the support amount after reviewing their financial information, they can sign a stipulation. The Wyoming child support program or your attorney drafts the agreement, both parents sign it, and the judge reviews and signs it to make it official.

Stipulated orders move faster and cost less than contested cases. However, if parents agree to an amount different from the guidelines, they must explain why the deviation is appropriate.

Contested order

If parents can't agree, the case goes to a hearing before a District Court judge. Both sides present evidence, call witnesses, and argue their positions. The judge hears all testimony and issues a child support order based on the evidence and Wyoming law.

Contested cases take longer and cost more, especially if you hire an attorney. If the judge orders the presumptive amount after a hearing, the parent who unsuccessfully argued for a different amount may be required to pay the other parent's attorney fees.

How are payments made under a Wyoming child support order?

Wyoming has specific requirements about how child support gets paid to ensure proper tracking and enforcement.

The State Disbursement Unit (SDU)

All child support payments must go through the Wyoming State Disbursement Unit unless the court specifically orders otherwise. The SDU is a central processing center that:

  • Receives payments from paying parents
  • Records all transactions
  • Forwards payments to receiving parents
  • Maintains payment history for both parents
  • Reports information to the Wyoming Child Support Program

Using the SDU creates an official record that protects both parents. Paying parents have proof of on-time payments, and receiving parents have documentation of late or missed payments.

Income withholding orders

Most Wyoming child support orders include an automatic income withholding order. This requires the paying parent's employer to:

  • Withhold the child support amount from each paycheck
  • Send the withheld amount directly to the SDU
  • Continue withholding until notified to stop by the court

Income withholding is the default method because it ensures consistent, timely payments. The court only allows exceptions if:

  • Both parents agree in writing to a different arrangement and submit it to the court
  • The judge finds good cause not to require withholding (for example, if the paying parent is self-employed)

Even without income withholding, all payments must still go through the SDU.

What happens if someone violates a child support order?

A Wyoming child support order is legally enforceable. If the paying parent doesn't make required payments, the receiving parent has several options.

Request help from the Wyoming Child Support Program

The Wyoming Child Support Program provides enforcement services, including:

  • Income withholding:  Implementing or enforcing wage garnishment
  • Tax refund interception:  Seizing federal and state tax refunds
  • License suspension:  Suspending driver's licenses, professional licenses, or recreational licenses (hunting/fishing permits)
  • Bank account seizure:  Placing holds on or seizing funds from bank accounts
  • Credit reporting:  Reporting overdue support to credit bureaus
  • Passport denial:  Preventing passport issuance or renewal for parents who owe significant arrears
  • Lottery/gambling winnings intercept:  Seizing winnings to pay support debt

File a contempt motion

You can file a motion asking the court to hold the other parent in contempt for willfully violating the Wyoming child support order. If successful, the judge can:

  • Order the parent to pay past-due support immediately
  • Impose fines
  • Order the parent to pay your attorney fees
  • Sentence the parent to jail time

Contempt proceedings are serious legal actions that typically require an attorney's help.

Child support and visitation are separate

You cannot withhold visitation because child support payments are late, and the paying parent cannot stop paying because they're being denied time with the children. These are separate legal issues. If either parent violates custody or support orders, the remedy is to ask the court for enforcement, not to take matters into your own hands.

Can you modify a Wyoming child support order?

Yes. Life circumstances change, and Wyoming law allows modification of child support orders when appropriate.

Grounds for modification

You can request a modification in three situations:

1. Substantial change in circumstances

You can file for modification at any time if you prove a major change has occurred since the last order, such as:

  • Significant increase or decrease in either parent's income
  • Job loss or major promotion
  • Changes in child care costs
  • Substantial medical expenses for the child
  • Changes in custody arrangements
  • Change in the number of overnights each parent has

2. The 20% rule

If at least six months have passed since the order was issued or last reviewed, either parent can request a review. If a new calculation would result in a 20% or greater difference from the current order, that automatically qualifies as grounds for modification.

3. Three-year review

Every three years, either parent can request a review without having to prove any change happened. The Wyoming Child Support Program will recalculate support based on current incomes and circumstances.

How to modify your order

To change a Wyoming child support order:

  1. File a petition for modification with the District Court that issued the original order
  2. Serve the other parent with the petition
  3. Provide updated financial information
  4. Attend a hearing if the parents don't agree
  5. Receive the modified order from the judge

The Wyoming Child Support Program can help with modification if you're receiving their services.

Modifications are only retroactive to when the other parent was formally served with your 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 modification.

Can you just agree to change the amount?

No. Parents cannot agree to change child support payments informally. Even if both parents want a different amount, you must file a modification petition and get a new court order. The original Wyoming child support order remains in effect until a judge signs a modified order.

What special provisions apply to Wyoming child support orders?

Wyoming has some unique features in its child support system.

Retroactive support

When establishing a new Wyoming child support order, the court typically orders retroactive support, a judgment for unpaid support from before the order was issued. The retroactive period usually goes back to:

  • The date the Wyoming Child Support Program received the application for services, OR
  • The child's date of birth if the child was less than one year old when the application was filed

This means the paying parent may owe a lump sum for past support in addition to ongoing monthly payments.

Medical support

Every Wyoming child support order must address medical support, including:

  • Which parent provides health insurance coverage
  • How parents split uninsured medical expenses
  • Dental and vision coverage requirements

Health insurance premiums paid for the children are deducted from a parent's income when calculating child support.

Confidential information

When a Wyoming child support order is filed, it's accompanied by a confidential statement containing both parents' and children's Social Security numbers. This document is sealed and can only be accessed by:

  • The parents
  • Their attorneys
  • The Wyoming Child Support Program
  • Other persons with court permission

Redirect of support

If someone other than a parent (like a grandparent or other relative) has physical custody of the children, and a child support order already exists, that person can file an Affidavit of Redirect. This redirects support payments to the person who has actual custody of the children without requiring a new court case.

Where can you get help with a Wyoming child support order?

Several resources are available to assist Wyoming parents with child support matters.

Wyoming Child Support Program

The Wyoming Child Support Program offers free services to help parents:

  • Establish paternity
  • Obtain child support orders
  • Enforce existing orders
  • Modify orders when circumstances change
  • Collect past-due support

Contact information:

  • Phone: (307) 777-5300 or toll-free (888) 570-9914
  • Website: childsupport.Wyoming.gov

The program has offices throughout Wyoming to serve families statewide.

Wyoming courts self-help resources

The Wyoming Courts website (wyocourts.gov) provides:

  • Self-help forms for child support cases
  • Instructions for filing
  • Information about court procedures
  • Links to local court rules

Look under "Family Law" for packets related to establishing child support, divorce with children, or child support modification.

Private attorneys

While the Wyoming Child Support Program helps many parents, some situations benefit from hiring a private attorney:

  • Complex income situations (business ownership, variable income)
  • Contested modification requests
  • Enforcement through contempt proceedings
  • Cases involving deviations from guideline amounts
  • Situations where the other parent has an attorney

An attorney can protect your interests and handle the legal complexities on your behalf.

A Wyoming child support order is more than just a piece of paper; it's a legally enforceable commitment to support your children financially.

By working with the Wyoming Child Support Program or seeking qualified legal counsel when needed, you can navigate the system effectively and ensure your children receive the financial support they deserve.