(a) The presumptive child support established by W.S. 20-2-304 shall be rebuttably presumed to be the correct amount of child support to be awarded in any proceeding to establish or modify temporary or permanent child support amounts. Every order or decree providing for the support of a child shall set forth the presumptive child support amount and shall state whether the order or decree departs from that amount.(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:
(i) The age of the child;(ii) The cost of necessary child day care;(iii) Any special health care and educational needs of the child;(iv) The responsibility of either parent for the support of other children, whether court ordered or otherwise;(v) The value of services contributed by either parent;(vi) Any expenses reasonably related to the mother’s pregnancy and confinement for that child, if the parents were never married or if the parents were divorced prior to the birth of the child;(vii) The cost of transportation of the child to and from visitation;(viii) The ability of either or both parents to furnish health, dental and vision insurance through employment benefits;(ix) The amount of time the child spends with each parent;(x) Any other necessary expenses for the benefit of the child;(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. In making that determination the court shall consider:
(A) Prior employment experience and history;(B) Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent’s income;(C) The presence of children of the marriage in the parent’s home and its impact on the earnings of that parent;(D) Availability of employment for which the parent is qualified;(E) Prevailing wage rates in the local area;(F) Special skills or training; and(G) Whether the parent is realistically able to earn imputed income.(xii) Whether or not either parent has violated any provision of the divorce decree, including visitation provisions, if deemed relevant by the court; and(xiii) Other factors deemed relevant by the court.(c) If the parties fail to agree that the presumptive child support amount under W.S. W.S. 20-2-304 is appropriate, the court may order the party seeking to deviate from the presumptive child support amount to pay reasonable attorney fees and court costs to the other party unless, after hearing the evidence and considering the factors contained in subsection (b) of this section, the court deviates from the presumptive support amount.(d) Agreements regarding child support may be submitted to the court. All such agreements shall be accompanied by a financial affidavit as required by W.S. W.S. 20-2-308. The court shall use the presumed child support amounts to review the adequacy of child support agreements negotiated by the parties. If the agreed amount departs from the presumed child support, the parties shall furnish statements of explanation which shall be included with the forms and shall be filed with the court. The court shall review the agreement and inform the parties whether or not additional or corrected information is needed, or that the agreement is approved or disapproved. No agreement which is less than the presumed child support amount shall be approved if means tested sources of income such as aid under the personal opportunities with employment responsibilities (POWER) program, health care benefits under Title XIX of the Social Security Act, supplemental nutrition assistance program, supplemental security income (SSI) or other similar benefits are being paid on behalf of any of the children.
W.S. 20-2-307
Amended by Laws 2013, ch. 193,ยง 1, eff. 7/1/2013.
