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Section 20-2-304 – Presumptive child support

May 14, 2021 | Family Law, Wyoming

(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 Income of Both Parents

Percentage of

Income Allocated For One Child

Base Support Plus Marginal Percentage

$846.00

22.0

$186.00 + 21.3% over $846.00

$2,961.00

21.5

$637.00 + 14.3% over $2,961.00

$4,652.00

18.9

$879.00 + 11.8% over $4,652.00

$5,498.00

17.8

$979.00 + 10.2% over $5,498.00

$7,613.00

15.7 $

1,195.00 + 9.3% over $7,613.00

$10,151.00

14. $

1,431.00 + 7.5% over $10,151.00

$12,900.00

12.7 $

1,638.00 + 5.9% of anything over $12,900.00
(ii) Two (2) children:

Net Monthly Income of Both Parents

Percentage of

Income Allocated For Two Children

Base Support Plus Marginal Percentage

$ 846.00

32.9

$278.00 + 32.8% over $846.00

$2,961.00

32.8

$971.00 + 20.7% over $2,961.00

$4,652.00

28.4 $1

,321.00 + 17.4% over $4,652.00

$5,498.00

26.7

$1,468.00 + 15.2% over $5,498.00

$7,613.00

23.5

$1,789.00 + 14.3% over $7,613.00

$10,151.00

21.2

$2,152.00 + 10.4% over $10,151.00

$12,900.00

18.9

$2,438.00 + 9.5% of anything over $12,900.00
(iii) Three (3) children:

Net Monthly Income of Both Parents

Percentage of

Income Allocated For Three Children

Base Support Plus Marginal Percentage

$846.00

40.2 $

340.00 + 39.4% over $846.00

$2,961.00

39.6 $1

,173.00 + 23.9% over $2,961.00

$4,652.00

33.9 $1,

577.00 + 20.9% over $4,652.00

$5,498.00

31.9 $1,

754.00 + 17.9% over $5,498.00

$7,613.00

28.0 $2,

132.00 + 16.8% over $7,613.00

$10,151.00

25.2 $2,

558.00 + 11.6% over $10,151.00

$12,900.00

22.3 $2,

877.00 + 11.6% of anything over $12,900.00
(iv) Four (4) children:

Net Monthly Income of Both Parents

Percentage of

Income Allocated For Four Children

Base Support Plus Marginal Percentage

$846.00

44.9

$380.00 + 43.9% over $846.00

$2,961.00

44.2

$1,309.00 + 26.8% over $2,961.00

$4,652.00

37.9

$1,763.00 + 22.9% over $4,652.00

$5,498.00

35.6

$1,957.00 + 20.1% over $5,498.00

$7,613.00

31.3

$2,383.00 + 18.5% over $7,613.00

$10,151.00

28.1

$2,852.00 + 13.1% over $10,151.00

$12,900.00

24.9

$3,212.00 + 13.0 % of anything over $12,900.00
(v) Five (5) or more children:

Net Monthly Income of Both Parents

Percentage of

Income Allocated For Five Children

Base Support Plus Marginal Percentage

$846.00

49.4

$418.00 + 48.3% over $846.00

$2,961.00

48.6 $1

,439.00 + 29.6% over $2,961.00

$4,652.00

41.7 $1

,940.00 + 24.8% over $4,652.00

$5,498.00

39.1 $2

,150.00 + 22.2% over $5,498.00

$7,613.00

34.4 $2

,619.00 + 20.4% over $7,613.00

$10,151.00

30.9 $3

,137.00 + 14.5% over $10,151.00

$12,900.00

27.4 $3

,535.00 + 14.3% of anything over $12,900.00
(b) Repealed by Laws 2018, ch. 42, § 2.
(c) When each parent keeps the children overnight for more than 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 shared responsibility child support obligation shall be determined by multiplying the parents’ total child support obligation as derived from subsection (a) of this section by one hundred fifty percent (150%). After the shared responsibility child support obligation is 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 shared responsibility child support obligation for all of the children shall be determined by use of the tables. The 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.
(e) If a proportion of a support obligor’s social security or veteran’s benefit is paid directly to the custodian of the obligor’s dependents who are the subject of the child support order, the total amount of the social security or veteran’s benefit, including the amounts paid to the obligor and custodian under the child support order, shall be counted as gross income to the obligor. However, in determining the support amount, the amount of the social security or veteran’s benefit sent directly to the custodian shall be subtracted from the obligor’s share of presumptive support. If the subtraction of the social security or veteran’s benefit sent directly to the custodian results in a negative dollar amount, the support amount shall be set at zero. The child support obligation shall be offset by the amount of the social security or veteran’s benefit sent directly to the custodian, beginning from the time the custodian began receiving the social security or veteran’s benefit. The obligor or the department of family services may apply to the court to receive a credit against arrears for any social security or veteran’s benefits that are paid retroactively to the custodian. For purposes of this subsection, “custodian” means the custodian of dependent children under a child support order and the physical custodian of dependent children who are the subject of a child support order.
(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 United States department of health and human services under the authority of 42 U.S.C. 9902(2).

W.S. 20-2-304

Amended by Laws 2018, ch. 42,§ 1 and 2, eff. 7/1/2018.
Amended by Laws 2013, ch. 19,§ 1, eff. 7/1/2013.
Amended by Laws 2013, ch. 7,§ 1, eff. 7/1/2013.