Wyoming divorce laws
Child
Support
Wyoming child support.
 Child
support has to be the most contentious of
all issues surrounding a divorce with children,
and the details on resolving this and other
issues lie in Wyoming divorce laws (also
known as Wyoming divorce statutes). Child
support is hotly contested by both genders.
As you traverse this topic you'll find arguments
that appear plausible on both sides. Wyoming,
like all other states, has endeavored to
create a structure that ensures financial
support flow to the children of divorcing
parents. Usually both sides cry foul. 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. A table is shown
below. While it is a bit confusing, it details
what will be required for support based on
both parents incomes. The third column details
the child support obligation divided between
the parents in proportion to the net income
of each.
One Child
net
income both parents |
%
of income one child |
base
support +percentage |
$833.00 |
26.2 |
$218.00
+ 24.3% over $ 833.00 |
$2,083.00 |
25.1 |
$522.00
+ 23.3% over $2,083.00 |
$2,917.00 |
24.6 |
$716.00
+ 12.9% over $2,917.00 |
$3,750.00 |
22.0 |
$824.00
+ 10.7% over $3,750.00 |
$5,000.00 |
19.2 |
$958.00
+ 9.9% over $5,000.00 |
$6,667.00 |
16.8 |
$1,122.00
+ 9.4% over $6,667.00 |
$8,958.00 |
14.9 |
$1,338.00
+ 5.9% of anything $8958.00 |
2 Children
net
income both parents |
%
of income one child |
base
support +percentage |
$833.00 |
36.8 |
$307.00
+ 33.8% over $ 833.00 |
$2,083.00 |
35.0 |
$729.00
+ 31.9% over $2,083.00 |
$2,917.00 |
34.1 |
$995.00
+ 16.4% over $2,917.00 |
$3,750.00 |
30.2 |
$1,131.00
+ 13.1% over $3,750.00 |
$5,000.00 |
25.9 |
$1,295.00
+ 12.5% over $5,000.00 |
$6,667.00 |
22.5 |
$1,503.00
+ 12.5% over $6,667.00 |
$8,958.00 |
20.0 |
$1,790.00
+ 7.0% of anything over $8958.00 |
3 Children
net
income both parents |
%
of income one child |
base
support +percentage |
$833.00 |
42.7 |
$356.00
+ 38.7% over $ 833.00 |
$2,083.00 |
40.3 |
40.3
$840.00 + 36.4% over $2,083.00 |
$2,917.00 |
39.2 |
$1,144.00
+ 16.8% over $2,917.00 |
$3,750.00 |
34.2 |
$1,284.00
+ 13.3% over $3,750.00 |
$5,000.00 |
29.0 |
$1,450.00
+ 13.7% over $5,000.00 |
$6,667.00 |
25.2 |
$1,677.00
+ 12.2% over $6,667.00 |
$8,958.00 |
21.9 |
$1,958.00
+ 7.7% of anything over $8,958.00 |
4 Children
net
income both parents |
%
of income one child |
base
support +percentage |
$833.00 |
47.6 |
$
397.00 + 43.2% over $ 833.00 |
$2,083.00 |
45.0 |
$
937.00 + 40.6% over $2,083.00 |
$2,917.00 |
43.7 |
$1,275.00
+ 18.7% over $2,917.00 |
$3,750.00 |
38.2 |
$1,431.00
+ 14.8% over $3,750.00 |
$5,000.00 |
32.3 |
$1,616.00
+ 15.2% over $5,000.00 |
$6,667.00 |
28.1 |
$1,870.00
+ 13.7% over $6,667.00 |
$8,958.00 |
24.5 |
$2,183.00
+ 8.6% of anything $8,958.00 |
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.
| Divorce Myth: Women are at a disadvantage in mediation. Reality: Women are no more at a disadvantage in mediation than in divorce court. In fact, women can often obtain a better result in mediation than they can in court, because the mediation process allows separating spouses to negotiate an agreement that considers non legal factors. Also, except for court-ordered (mandatory) mediation, a woman is free to stop the mediation and/or refuse to sign an agreement that seems unfair to her. |
Residency
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.
Child
Custody 
 So who gets custody of the children? 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:
- The quality of the relationship each child has with each parent;
- 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;
- The relative competency and fitness of each parent;
- 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;
- How the parents and each child can best maintain and strengthen a relationship with each other;
- How the parents and each child interact and communicate with each other and how such interaction and communication may be improved;
- 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;
- Geographic distance between the parents' residences;
- The current physical and mental ability of each parent to care for each child;
- 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 presented 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.
Grounds
for Divorce
Wyoming divorce laws permit divorces based upon
irreconcilable differences (no-fault). There
is no burden of proof that one spouse has
committed acts which might constitute grounds
for divorce. basically, if one wants out,
the marriage will end. A secondary (and little
used) ground for divorce is based upon either
spouse being confined to mental institution
for two years because of incurable insanity.
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower. |
Mediation
There are no statutory requirements with respect to mediation in Wyoming.
Alimony
 Alimony
(or maintenance) can be requested in any
divorce action per 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.
| Divorce Myth: Being very unhappy at certain points in a marriage is a good sign that the marriage will eventually end in divorce. Reality: All marriages have their ups and downs. Recent research using a large national sample found that eighty six percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated when interviewed five years later that they were happier. Indeed, three fifths of the formerly unhappily married couples rated their marriages as either “very happy” or “quite happy.” |
Waiting
Period
A divorce will not be granted in Wyoming unless at least twenty (20) days have elapsed from the time of the filing of the complaint. You waited this long. Three weeks won't kill you.
Grandparents
Rights
Federal law allows 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.)
Dividing
Assets
 Wyoming
is an equitable distribution state. Equitable
distribution means that the marital property
of the parties will be distributed among
the parties in a manner the court determines
to be equitable and just, not necessarily
equally among the parties. To go off-site
and read Wyoming divorce statutes, go here.
be sure to book this site brfore you go.
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