Child support amendments.

ORIGINAL
House
Bill No
.
HB0017

ENROLLED ACT NO. 20,

HOUSE OF REPRESENTATIVES

SIXTY-FOURTH LEGISLATURE
OF THE STATE OF WYOMING
2018 Budget Session

AN ACT relating to child support; amending presumptive child support provisions; repealing provisions related to abatements; providing conforming amendments; 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)
and
20
‑
2
‑
304(c), (d) and by creating
a new
subsection (f) 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
‑
304
.

Presumptive child 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 subsection (a) of this section 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.

(f)

If the difference between the obligor's net income and the self
‑
support reserve is less than the support obligation as calculated from the tables in subsection (a) of this section, the support obligation shall be set using the difference between the obligor's net income and the self
‑
support reserve. As used in this subsection
"
self
‑
support reserve
" means
the current poverty line for one (1) person as specified by the poverty guidelines updated periodically in the Federal Register by the U
nited States

d
epartment of
h
ealth and
h
uman
s
ervices under the authority of

42 U.S.C. 9902(2
).

Section 2
.

W.S. 20
‑
2
‑
304(b) and 20
‑
2
‑
305 are repealed.

Section 3
.

This act is effective July 1, 2018.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
House
.

Chief Clerk

1