Child custody.

2015
STATE OF WYOMING
15LSO-0119
ENGROSSED
3.1

HOUSE BILL

NO.
HB0137

Child custody.

Sponsored by:
Representative(s) Northrup, Greear and Krone and Senator(s) Driskill

A BILL

for

AN ACT relating to child custody and visitation; providing for an order of joint legal custody as specified; amending the definition of income for determination of child support as specified; amending the calculation for presumptive child support as specified; amending imputed income of voluntary unemployed or underemployed parent as specified; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 20
‑
2
‑
201(d) and by creating a new subsection (h), 20
‑
2
‑
303(a)(ii), 20
‑
2
‑
304(c) and 20
‑
2
‑
307(b)(xi)(intro) are amended to read:

20
‑
2
‑
201
.

Disposition and maintenance of children in decree or order; access to records.

(d)

The court shall order custody in well defined terms to promote understanding and compliance by the parties. Custody shall be crafted to promote the best interests of the children
.
,

and may include any combination of joint, shared or sole custody
.

T
he court shall
enter an order of

joint
legal
or shared custody
unless
t
here is
a preponderance of the
evidence that
:

(
i
)

A
s
ole
or primary
custody

arrangement is

in the
best interests of the children; or

(
ii
)

The
par
ties
no longer resid
e within
fifty (
50
)
miles of each other
and
sole custody
is the
only practical arrangement
.

(h)

For purposes of this section:

(i
)

"
Joint
legal
c
ustody"
means
both
parents share the decision
making rights, responsibilities and
authority relating to the health, education and welfare of the children
;

(ii
)

"
Shared custody
"
means the child
ren
physically reside with each parent for a
substantially
equal
amount of time
;

(iii
)

"
Sole custody
"

or
"
p
rimary custody
"

means awarding custody to one
(1)
parent
and establishes
that parent as the primary
care provider
of the child
ren
and the one with whom the child
ren
shall reside.

20
‑
2
‑
303
.

Definitions.

(a)

As used in this article:

(ii)

"Income" means any form of payment or return in money or in kind to an individual, regardless of source. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent partial disability and permanent total disability worker's compensation payments, unemployment compensation,
disability, annuity and retirement benefits,
tax refunds,
and any other payments made by any payor, but shall not include any earnings derived from overtime work unless the court, after considering all overtime earnings derived in the preceding twenty
‑
four (24) month period, determines the overtime earnings can reasonably be expected to continue on a consistent basis. In determining income, all reasonable unreimbursed legitimate business expenses shall be deducted. Means tested sources of income such as Pell grants, aid under the personal opportunities with employment responsibilities (POWER) program, supplemental nutrition assistance program and supplemental security income (SSI) shall not be considered as income. Gross income also means potential income of parents who are voluntarily unemployed or underemployed;

20
‑
2
‑
304
.

Presumptive child support.

(c)

The total number of days that each parent shall have the children in their care shall be calculated.

When each parent keeps the children overnight for more than forty percent (40%) of the year and both parents contribute substantially to the expenses of the children in addition
to the payment of child support, a joint presumptive support obligation shall be determined by use of the tables. After the joint presumptive child support obligation is derived from column three of the tables, that amount shall be divided between the parents in proportion to the net income of each. The proportionate share of the total obligation of each parent shall then be multiplied by the percentage of time the children spend with the other parent to determine the theoretical support obligation owed to the other parent. The parent owing the greater amount of child support shall pay the difference between the two (2) amounts as the net child support obligation.

20
‑
2
‑
307
.

Presumptive child support to be followed; deviations by court.

(b)

A court may deviate from the presumptive child support established by W.S. 20
‑
2
‑
304 upon a specific finding that the application of the presumptive child support would be unjust or inappropriate in that particular case. In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth fully in the order or decree. In
determining whether to deviate from the presumptive child support established by W.S. 20
‑
2
‑
304, the court shall consider the following factors:

(xi)

Whether either parent is voluntarily unemployed or underemployed. In such case the child support shall be computed based upon the potential earning capacity (imputed income) of the unemployed or underemployed parent

at the prevailing wage
and salary levels in the local area in which the parent resides
. In making that determination the court shall consider:

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
HB0137