Child support in Wyoming

How child support is figured in Wyoming

Model

Income shares

How it works

Both parents' net monthly incomes (after taxes, Social Security, the children's health coverage, other support paid and mandatory pension deductions) are combined and run through the statutory tables for the number of children. The total is split between the parents in proportion to their net incomes. Special formulas apply when each parent has the children more than 25% of overnights, or when the parents split custody.

Low income

Self-support reserve: if the paying parent's net income minus the federal poverty line for one person is less than the table amount, support is set at that difference. (W.S. 20-2-304(f))

Official calculator

Official Wyoming child support calculator

Health insurance and medical costs

Every order must include medical support. One or both parents must provide insurance if it is available at reasonable cost and usable by the children, and both parents share uninsured costs and deductibles as cash medical support in the proportion the order sets. Proof of insurance is due within 60 days. (W.S. 20-2-401)

Law: W.S. 20-2-303, 20-2-304, 20-2-307

Change a child support order in Wyoming

When a change is allowed

If the order is more than 6 months old (or not adjusted in the last 6 months), any party can ask for a review if the guideline amount would change by 20% or more per month; that counts as a change of circumstances. You can also ask at any time for a substantial change of circumstances. Every 3 years, either parent can ask for a review without showing any change. Starting POWER (TANF), Medicaid, SNAP or SSI is a substantial change. Support cannot be changed for past months, except by agreement or back to the date the other side was served with the petition. (W.S. 20-2-311(a), (d))

How to ask

Ask your local child support office for a review (you need an open case), or file the court's Child Support Modification packet yourself (Petition for Modification of Child Support and Judgment for Arrears) in district court.

Forms

• Child Support Modification packet - Petitioner (Wyoming Judicial Branch)
• CSMP 4. Petition for Modification of Child Support and Judgment for Arrears
• CSMP 2. Child Support Modification Information and Instructions

Can I ask for a change? Check your situation

Ask the agency to review (change) your order

Collect unpaid child support in Wyoming

Arrears means support that is past due. The child support agency can use these tools to collect it:

Collection tools

• Income withholding (wages, unemployment, workers' compensation, disability, Social Security)
• Federal tax refund intercept
• Passport denial
• Credit bureau reporting (generally over $1,000 owed)
• Lien and levy on bank accounts
• Driver's, professional and occupational license suspension
• Wyoming Game & Fish license suspension
• Attaching real or personal property
• Civil contempt in district court
• Federal prosecution

License suspension

By law, a court can order a driver's license withheld, suspended or restricted when you are behind on court-ordered support, unless you pay all arrears or enter an approved payment plan (W.S. 20-6-111). The program's policy for administrative suspension is arrears of at least $2,500 and no full monthly payment in the last 90 days, for parents not receiving TANF.

Law: Policy Manual 9.7

Contempt of court

The program can bring civil contempt actions through the district court.

Source: Parents & Caregivers page

Law: W.S. 20-6-111, 20-6-112, 20-6-201 et seq.

Ask the agency to collect unpaid support

When child support ends in Wyoming

Support ends

18 (age of majority); support continues to age 20 while the child attends high school or an equivalent program full time

Exceptions

A parent's duty continues past 18 for a child who is mentally or physically disabled and cannot support themself. Support also ends if the parents marry each other, or the child dies or is emancipated.

Law: W.S. 14-1-101, 14-2-204(a), 20-2-313, 20-2-316

When does support end? Check your situation

Good to know in Wyoming

• Wyoming sets support from both parents' net income, not gross income. (W.S. 20-2-303, 20-2-304)
• Support can continue to age 20 for a child still in high school full time. (W.S. 14-2-204(a)(iii))
• Overtime counts as income only if the court finds, looking at the last 24 months, that it is likely to continue. (W.S. 20-2-303(a)(ii))

Federal rules in every state

• Applying. If you don't get TANF, Medicaid or foster care help, a state may charge an application fee of up to $25 to open a child support case. Law: 42 U.S.C. 654(6)(B)(i)
• Yearly fee. If you never got TANF and the agency collected at least $550 for you in a year, the state charges a $35 yearly fee. It can come out of your support, but never out of the first $550. Law: 42 U.S.C. 654(6)(B)(ii)
• Review every 3 years. If your case is with the child support agency, either parent can ask it to review the order every 3 years and adjust it to the guidelines. Law: 42 U.S.C. 666(a)(10)(A); 45 CFR 303.8
• Past-due support. Each unpaid payment becomes a judgment on the day it is due. It can't be lowered later, except back to the date the other parent got notice of a request to change the order. Law: 42 U.S.C. 666(a)(9)
• Tax refunds. The federal government can take a federal tax refund to pay past-due child support. Law: 42 U.S.C. 664
• Passports. A parent who owes more than $2,500 in past-due support can be refused a passport. Law: 42 U.S.C. 652(k)
• Pay withholding limit. For support, up to 50% of take-home pay can be withheld if the parent supports another spouse or child, or 60% if not. It is 55% or 65% when support is more than 12 weeks behind. Law: 15 U.S.C. 1673(b)
• How long support lasts. How long support lasts follows the law of the state that made the order, even if you move. Law: 28 U.S.C. 1738B(h)(2)

Questions about child support in Wyoming

More help on our sister sites

• Divorce and custody in Wyoming (Divorce Law Map)
• Other legal problems (RobinClaim)

Sources

Other states