Child custody.

2017
STATE OF WYOMING
17LSO-0613
Introduced
1.3

HOUSE BILL

NO.

HB0260

Child custody.

Sponsored by:
Representative(s) Olsen, Biteman, Brown, Flitner, Northrup, Pownall, Salazar and Winters and Senator(s) Agar, Boner and Coe

A BILL

for

AN ACT relating to child custody and visitation; providing a presumption for issuance of an order of shared custody as specified; including tax refunds in the definition of income for determination of child support; amending the calculation for presumptive child support as specified; amending imputed income of a 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.

The court shall enter an order of shared custody unless there is a preponderance of the evidence
of any of the following that
:

(i)

S
ole
physical custody
is in the best interests of the children;

(i
i
)

The parties no longer reside within fifty (50) miles of each other and sole custody is the only practical arrangement
;

(iii
)

The parties
do not

communicate
with each other in a manner that ensures shared
custody is in the best interest of the children
.

(
j
)

For purposes of this section:

(i)

"Joint
legal
custody" means
both parents share the decision making rights, responsibilities and authority relat
ed
to the health,
education
and welfare of the children
;

(ii)

"
Joint physical custody
" means the children physically reside with each parent for
a
substantially equal amount of time
each calendar year
,
with
a
parental plan crafted to promote the best interests of the children
;

(iii)

"
Shared custody" means a child custody arrangement that includes
both
joint legal custody and joint physical custody;

(iv
)

"Sole
physical custody
"
means
a child custody arrangement in which the children reside with one
(1)
parent the majority of each calendar year,
subject to any visitation order made pursuant to W.S. 20
‑
2
‑
202
.

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,
201
7
.

(END)

1
HB0260