Child support guidelines-amendments.

2017
STATE OF WYOMING
17LSO-0584
Introduced
1.2

HOUSE BILL

NO.

HB0256

Child support guidelines-amendments.

Sponsored by:
Representative(s) Connolly

A BILL

for

AN ACT relating to child support; amending child support guidelines; making conforming amendments; repealing provisions related to abatements; and providing for an effective date.

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

Section 1
.

W.S.
14
‑
2
‑
204(d), 14
‑
3
‑
435(b), 14
‑
6
‑
236
(b)
, 14
‑
6
‑
435(b),
20
‑
2
‑
303
(a)
by creating a new paragrap
h (
i
v)
and by renumbering (iv) as (v)
and 20
‑
2
‑
304(a)
(i)
through
(v) and (b) through
(d
) are amended to read:

14
‑
2
‑
204
.

Liability for support; right of action; venue; service; measure of recovery; remedies cumulative; execution; continuing jurisdiction; notice.

(d)

The measure of recovery from the defendant is the reasonable value of the care or support, including medical support furnished to the child by the petitioner and the child support ordered pursuant to W.S. 20
‑
2
‑
303
,

through 20
‑
2
‑
305
20
‑
2
‑
304
, 20
‑
2
‑
307 and 20
‑
2
‑
311. In addition, the court may make other suitable order for future care or support of the child. These remedies are cumulative and in addition to other remedies provided by law. Payments of future support shall be paid to the clerk of the district court.

14
‑
3
‑
435
.

Ordering payment for support and treatment of child; how paid; enforcement.

(b)

An order for the payment of money entered against a parent or other person legally obligated to support a child under the provisions of W.S. 14
‑
3
‑
434, 20
‑
2
‑
101 through 20
‑
2
‑
406 or this section shall be entered
separately from the decree of disposition under W.S. 14
‑
3
‑
429 and shall not be treated as a part of the confidential court record under W.S. 14
‑
3
‑
437. The order may be filed in the district court of any county in the state. From the time of filing, the order shall have the same effect as a judgment or decree of the district court in a civil action and may be enforced by the district attorney, or the department of family services in the same manner and with the same powers as in other child support cases under W.S. 20
‑
2
‑
303
,

through 20
‑
2
‑
305
20
‑
2
‑
304
, 20
‑
2
‑
307, 20
‑
2
‑
311, 20
‑
2
‑
401 through 20
‑
2
‑
406 and 20
‑
6
‑
101 through 20
‑
6
‑
222, or in any manner provided by law for enforcement of a civil judgment for money.

14
‑
6
‑
236
.

Ordering payment for support and treatment of child; how paid; enforcement.

(b)

An order for the payment of money entered against a parent or other person legally obligated to support a child under the provisions of W.S. 14
‑
6
‑
235, 20
‑
2
‑
101 through 20
‑
2
‑
406 or this section shall be entered separately from the decree of disposition under W.S.
14
‑
6
‑
229 and shall not be treated as a part of the confidential court record under W.S. 14
‑
6
‑
239. The order may be filed in the district court of any county in the state. From the time of filing, the order shall have the same effect as a judgment or decree of the district court in a civil action and may be enforced by the district attorney, or the department of family services in the same manner and with the same powers as in other child support cases under W.S. 20
‑
2
‑
303
,

through 20
‑
2
‑
305
20
‑
2
‑
304
, 20
‑
2
‑
307, 20
‑
2
‑
311, 20
‑
2
‑
401 through 20
‑
2
‑
406 and 20
‑
6
‑
101 through 20
‑
6
‑
222, or in any manner provided by law for enforcement of a civil judgment for money.

14
‑
6
‑
435
.

Ordering payment for support and treatment of child; how paid; enforcement.

(b)

An order for the payment of money entered against a parent or other person legally obligated to support a child under the provisions of W.S. 14
‑
6
‑
434, 20
‑
2
‑
101 through 20
‑
2
‑
406 or this section shall be entered separately from the decree of disposition under W.S. 14
‑
6
‑
429 and shall not be treated as a part of the
confidential court record under W.S. 14
‑
6
‑
437. The order may be filed in the district court of any county in the state. From the time of filing, the order shall have the same effect as a judgment or decree of the district court in a civil action and may be enforced by the district attorney, or the department of family services in the same manner and with the same powers as in other child support cases under W.S. 20
‑
2
‑
303
,

through 20
‑
2
‑
305
20
‑
2
‑
304
, 20
‑
2
‑
307, 20
‑
2
‑
311, 20
‑
2
‑
401 through 20
‑
2
‑
406 and 20
‑
6
‑
101 through 20
‑
6
‑
222, or in any manner provided by law for enforcement of a civil judgment for money.

20
‑
2
‑
303
.

Definitions.

(a)

As used in this article:

(
i
v)

"Overnight" means the percentage of parenting time determined by calculating the number of overnights that a child spends with a parent or by using a method other than overnights if the parent has significant time periods on separate days where the child is in the
parent's physical custody and under the direct care of the parent but does not stay overnight
;

(iv)
(v)

"This article" means W.S. 20
‑
2
‑
301 through 20
‑
2
‑
315.

20
‑
2
‑
304
.

Presumptive child support.

(a)

Child support shall be expressed in a specific dollar amount. The following child support tables shall be used to determine the total child support obligation considering the combined income of both parents. The appropriate table is based upon the number of children for whom the parents share joint legal responsibility and for
whom
support is being sought. After the combined net income of both parents is determined it shall be used in the first column of the tables to find the appropriate line from which the total child support obligation of both parents can be computed from the third column. The child support obligation computed from the third column of the tables shall be divided between the parents in proportion to the net income of each. The noncustodial parent's share of the
joint child support obligation shall be paid to the custodial parent through the clerk as defined by W.S. 20
‑
6
‑
102(
a)(x):

(i)

One (1) child:

Net Monthly

Percentage of
Income of

Income
Both

Allocated
f
or

Base Support Plus
Parents

One Child

Marginal Percentage

$846.00
$873.00
22.0
$186.00
$192.00
+ 21.3% over
$846.00
$873.00
$2,961.00
$3,054.00
21.5
$637.00
$657.00
+ 14.3% over
$2,961.00
$3,054.00
$4,652.00
$4,799.00
18.9
$879.00
$907.00
+ 11.8% over
$4,652.00
$4,799.00
$5,498.00
$5,672.00
17.8
$979.00
$1,010.00
+ 10.2% over
$5,498.00
$5,672.00
$7,613.00
$7,853.00
15.7
$1,195.00
$1,233.00
+ 9.3% over
$7,613.00
$7,853.00
$10,151.00
$10,471.00
14.1
$1,431.00
$1,476.00
+ 7.5% over
$10,151.00
$10,471.00
$12,900.00
$13,306.00
12.7
$1,638.00
$1,690.00
+ 5.9% of anything

over
$12,900.00
$13,306.00

(
ii
)

Two (2) children:

Net Monthly Percentage of
Income of Income
Both Allocated
f
or
Base Support Plus
Parents
Two
Child
ren
Marginal Percentage

$846.00
$873.00
32.9
$278.00
$287.00
+ 32.8% over
$846.00
$873.00
$2,961.00
$3,054.00
32.8
$971.00
$1,002.00
+ 20.7% over
$2,961.00
$3,054.00
$4,652.00
$4,799.00
28.4
$1,321.00
$1,363.00
+ 17.4% over
$4,652.00
$4,799.00
$5,498.00
$5,672.00
26.7
$1,468.00
$1,514.00
+ 15.2% over
$5,498.00
$5,672.00
$7,613.00
$7,853.00
23.5
$1,789.00
$1,845.00
+ 14.3% over
$7,613.00
$7,853.00
$10,151.00
$10,471.00
21.2
$2,152.00
$2,220.00
+ 10.4% over
$10,151.00
$10,471.00
$12,900.00
$13,306.00
18.9
$2,438.00
$2,515.00
+ 9.5% of anything over
$12,900.00
$13,306.00

(
iii
)

Three (3) children:

Net Monthly Percentage of
Income of Income
Both Allocated
f
or
Base Support Plus
Parents
Three
Child
ren
Marginal Percentage

$846.00
$873.00
40.2
$340.00
$
351
.00
+ 39.4% over
$846.00
$873.00
$2,961.00
$3,054.00
39.6
$1,173.00
$1,209.00
+ 23.9% over
$2,961.00
$3,054.00
$4,652.00
$4,799.00
33.9
$1,577.00
$1,627.00
+ 20.9% over
$4,652.00
$4,799.00
$5,498.00
$5,672.00
31.9
$1,754.00
$1,809.00
+ 17.9% over
$5,498.00
$5,672.00
$7,613.00
$7,853.00
28.0
$2,132.00
$2,199.00
+ 16.8% over
$7,613.00
$7,853.00
$10,151.00
$10,471.00
25.2
$2,558.00
$2,639.00
+ 11.6% over
$10,151.00
$10,471.00
$12,900.00
$13,306.00
22.3
$2,877.00
$2,967.00
+ 11.6% of anything over
$12,900.00
$13,306.00

(
iv
)

Four (4) children:

Net Monthly Percentage of
Income of Income
Both Allocated
f
or
Base Support Plus
Parents
Four
Child
ren
Marginal Percentage

$846.00
$873.00
44.9
$380.00
$392.00
+ 43.9% over
$846.00
$873.00
$2,961.00
$3,054.00
44.2
$1,309.00
$1,350.00
+ 26.8% over
$2,961.00
$3,054.00
$4,652.00
$4,799.00
37.9
$1,763.00
$1,819.00
+ 22.9% over
$4,652.00
$4,799.00
$5,498.00
$5,672.00
35.6
$1,957.00
$2,019.00
+ 20.1% over
$5,498.00
$5,672.00
$7,613.00
$7,853.00
31.3
$2,383.00
$2,458.00
+ 18.5% over
$7,613.00
$7,853.00
$10,151.00
$10,471.00
28.1
$2,852.00
$2,942.00
+ 13.1% over
$10,151.00
$10,471.00
$12,900.00
$13,306.00
24.9
$3,212.00
$3,313.00
+ 13.0% of anything

over
$12,900.00
$13,306.00

(
v
)

Five (5) or more children:

Net Monthly Percentage of
Income of Income

Allocated
Both for

Five
or
Base Support Plus
Parents
More
Child
ren

Marginal Percentage

$846.00
$873.00
49.4
$418.00
$431.00
+ 48.3% over
$846.00
$873.00
$2,961.00
$3,054.00
48.6
$1,439.00
$1,484.00
+ 29.6% over
$2,961.00
$3,054.00
$4,652.00
$4,799.00
41.7
$1,940.00
$2,001.00
+ 24.8% over
$4,652.00
$4,799.00
$5,498.00
$5,672.00
39.1
$2,150.00
$2,281.00
+ 22.2% over
$5,498.00
$5,672.00
$7,613.00
$7,853.00
34.4
$2,619.00
$2,701.00
+ 20.4% over
$7,613.00
$7,853.00
$10,151.00
$10,471.00
30.9
$3,137.00
$3,236.00
+ 14.5% over
$10,151.00
$10,471.00
$12,900.00
$13,306.00
27.4
$3,535.00
$3,646.00
+ 14.3% of anything over
$12,900.00
$13,306.00

(b)

Where the combined income of the custodial parent and the noncustodial parent is less than
eight hundred forty
‑
six dollars ($846.00)

eight hundred seventy
-
three dollars ($873.00)
, the support obligation of the noncustodial parent shall be twenty
‑
two percent (22%) of net income for one (1) child and twenty
‑
five percent (25%) of net income for two (2) or
more children, but in no case
shall the support obligation be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the noncustodial parent owes a duty of support.

(c)

When each parent keeps the children overnight for more than
forty percent (40%)
twenty
‑
five percent (25%)
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
shared responsibility child
support obligation shall be determined by
use of the tables
multiplying the parents' total child support obligation as derived from W.S. 20
‑
2
‑
304(
a) by one hundred fifty percent (150%)
. After the
joint presumptive
shared responsibility
child support obligation is
derived from column three of the tables
determined
,
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.

(d)

When each parent has physical custody of at least one (1) of the children, a
joint presumptive
shared responsibility child
support obligation for all of the children shall be determined by use of the tables. The
joint presumptive
shared responsibility child
support amount shall be divided by the number of children to determine the presumptive support obligation for each child, which amount shall then be allocated to each parent based 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 income bears to the total net income of both parents. The obligations so determined shall then be offset, with the parent owing the larger amount paying the difference between the two (2) amounts to the other parent as a net child support obligation.

Section 2
.

W.S. 20
‑
2
‑
305 is repealed.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
HB0256