Child Support

Wyoming divorce laws detail the manner in which child support is paid. The topic is likely the most contentious of all issues when dissolving a marriage with children. Without fail, one or both sides is displeased with the particulars. Wyoming, like all other states, has created a system they hope properly addresses the financial support needed by all parties. If it's going to get ugly, it will around child support. The non-custodian claims the amount doesn't allow affording a life, and the custodian often claims the amount of child support doesn't meet the child's needs. The painful truth is that both are right. Wyoming, like all states, has in place a arithmetic calculation for child support payments. Click on the link above that reads "Wyoming Child Support Calculator ' if you'd like to see how much child support will be due in your situation.

• Wyoming Child Support Calculator
• Wyoming Coalition Against Domestic Violence
• Wyoming State Bar Association
• Wyoming Child Support Enforcement Program
• Wyoming Family Laws
• State Fact Sheets for Grandparents and Other Relatives Raising Children

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In the unusual case where the combined income of both custodial and non-custodial parents is less than $833.00, the child support obligation of the non custodial parent will be twenty-five percent (25%) of net income, but in no case will the support obligation be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the non custodial parent owes a duty of support.

Wyoming divorce statutes provide that in cases where a marriage annulment (or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children in the state receive.

If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court may make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.

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Child Custody

So who gets child custody and who gets visitation? In Wyoming the courts will make orders or decrees that they believe will be in the best interest of the offspring. In order to make an informed decision, courts will determine the answers to a fixed set of questions in order to accomplish this. Additionally courts may go beyond the scope of these queries if it feels it necessary to do so. Some of what an Wyoming court will consider when determining child custody are:

1. The quality of the relationship each child has with each parent;
2. The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed;
3. The relative competency and fitness of each parent;
4. Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times;
5. How the parents and each child can best maintain and strengthen a relationship with each other;
6. How the parents and each child interact and communicate with each other and how such interaction and communication may be improved;
7. The ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent's rights and responsibilities, including the right to privacy;

8. Geographic distance between the parents' residences;
9. The current physical and mental ability of each parent to care for each child;
10. Any other factors the court deems necessary and relevant.

Wyoming divorce laws state that one parent will not be favored over the other when awarding child custody. The reality is that mothers get awarded custody at least three-quarters of the time.

If there have been any documented instances of spousal abuse or child abuse, Wyoming courts will consider evidence resented when determining custody of the children. If the court finds that abuse has occurred, it is expected to make rulings that protect the children "in their best interest".

The court child custody order is presumed to not only promote understanding and compliance by the parents but to ensure that the best interests of the children are met. Custody can be awarded in any combination of joint, shared or sole custody.

Unless findings by the court demand other provisions, the non custodial parent will have the same right of access as the parent awarded custody to any records relating to the child. These records may include school records, activities, teachers and teachers' conferences as well as medical and dental treatment providers and mental health records.

The Wyoming court has the latitude to, at any time, require the parents to attend appropriate parenting classes, including but not limited to, parenting classes to lessen the effects of divorce on children.

Would you like to learn more about child custody? Read an article in our article library about it here.

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Visitation/Co-Parenting

Parties to a separation or divorce have the option of submitting a visitation parenting) plan to the court during the legal process. A parenting plan will detail the particulars on when each parent will have the children, and what responsibilities they will have. If you cannot agree on a visitation schedule, the court will order one. Features typically found in a visitation agreement where the non-custodial spouse is concerned are: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.

You may wish to consider these issues and whether they should be a part of the agreement or not. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

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Alimony/ Maintenance/ Spousal Support

Spousal support or maintenance) can be requested in any divorce action as provided for in Wyoming divorce statutes. The needs of one spouse for recovery can be markedly different than for the other. The court has a wide range of remedies in this area. After examination of the facts, a court can order a sum be paid by one or both parties, in alimony form or as part of a child support determination. This is where your lawyer gets paid to represent you. For spouses with little or no access to marital assets,

courts can and will order payment and access to either party. Note: If there are assets that, if sold, would cause unnecessary tax or penalty, you are better off making an agreement with your spouse so that the court does not order an asset sold.

The court can place the burden of costs against either party. This can include the above-mentioned possibility that assets be sold that disadvantage one or both parties. Wide latitude is the word here on what the court can do. Best advice? Get your spouse to agree to terms that won't further disadvantage you.

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Grounds For Divorce

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Marriage Annulment
Marital Annulment

According to Wyoming marital annulment laws, annulment is termination of an already void marriage. In Wyoming, annulments (also known as marriage annulments) are rare and to get an annulment one must prove that the marriage is null, void or voidable. One must cite a Wyoming ground for annulment and be able to prove the ground.

Annulments are sought after in far fewer numbers than divorces. Grounds for annulment include: Fraud or Duress- If you were threatened or married under duress, you can file for an annulment. Consanguinity or Incest- marrying a person too closely related, Bigamy is a legal ground for annulment according to Wyoming annulment laws. Underage Marriage, and Underage Marriage.

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Marriage Counseling/
Mediation

There are no statutory requirements with respect to mediation in Wyoming.

How do you know when it's really over? Short of abuse, when do you pull the plug and move on? Perhaps this helpful article in our article library can help you make the decision.

You have to determine when enough is enough. Read the following article from our article library: Divorce Advice: Getting Divorce Advice From the Right Source.

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Legal Separation/ Marital Separation

describing your rights and settling issues such as alimony and custody. Legal separation is sometimes pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or do not want to wait the state statutory waiting period for termination of marital status.

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Waiting Period

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Grandparents Rights

Federal law and Wyoming divorce laws allow grandparents to petition the courts for visitation. As with any other legal request, an examination will need to take place to determine if such visitation is in the child's best interest. It is suggested that grandparents make these motions to the court during the divorce process of the grandchildren's parents, because waiting until after a final divorce decree may incur more legal expense (opening a new case, court docket, etc.)

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

To complete a separation or divorce, you'll need to reach a divorce settlement of your assets and debts. If you are unable to reach a divorce settlement, the court will impose its own. Wyoming is an equitable distribution state, which means that in the absence of a settlement agreement the marital property of the parties will be distributed among the parties in a manner the court determines to be equitable and just, but not necessarily equally among the parties.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage and that it might become part of the divorce settlement? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely forfeit a third to a half of that appreciation to your spouse in the divorce. Read Rhode Island divorce statutes or consult your attorney for specifics.

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Residency Requirements

Wyoming divorce laws suggest that in order for a petition for divorce to proceed, one must have resided in Wyoming for at least sixty days immediately preceding the time of filing of the complaint, or the marriage was solemnized in Wyoming and the plaintiff

has resided in this state from the time of the marriage until the filing of the complaint.

A married person who at the time of filing a complaint for divorce resides in this state is a resident although his spouse may reside elsewhere.

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