Cossette v. Cossette

2003 WY 107, 76 P.3d 795, 2003 Wyo. LEXIS 131, 2003 WL 22220265
CourtWyoming Supreme Court
DecidedSeptember 5, 2003
Docket02-183
StatusPublished
Cited by5 cases

This text of 2003 WY 107 (Cossette v. Cossette) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cossette v. Cossette, 2003 WY 107, 76 P.3d 795, 2003 Wyo. LEXIS 131, 2003 WL 22220265 (Wyo. 2003).

Opinion

HILL, Chief J.

[T1] Ronald Gene Cossette (Father) appeals the district court's denial of his Petition to Terminate Child Support. Pursuant to Wyo. Stat. Ann. § 14-2-204(a)(iii) and the Divorcee Decree, Father was required to pay child support for the parties' minor daughter (Daughter) until the age of majority or until she turned twenty years old so long as she was a full-time participant in a high school or equivalent program. Father contended that Daughter's repeated absences from and consequent dismissal from high school after she had reached the age of majority terminated his obligation to make child support payments. The district court concluded that Daughter's sporadic attendance did not negate the fact that she was enrolled in high school as a full-time student, and that her subsequent dismissal did not warrant termination of her support payments since she had enrolled in an alternative educational program for the forthcoming year. Accordingly, the district court denied Father's petition.

[1 2] We affirm.

ISSUES

[T 3] Father raises two issues in his appeal:

A. Did the trial court commit reversible error by failing to apply the plain language of the Divorcee Decree and W.S. § 14-2-204 which require full-time school attendance for a child over the age of 18 to receive child support?
B. Is [Father] entitled to his fees for this appeal as a matter of law?

Kathryn Mary Cossette (Mother) responds with a single statement of the issue:

Did the district court err when the court determined the Father's child support obligation should not terminate under the terms of the parties' divorce decree?

FACTS

[T4] The parties were divorced in December of 1999. Daughter was their only child, and the decree of divoree provided that Father was to make monthly child support payments under the following conditions:

IT IS FURTHER ORDERED that during any child's minority (until age eighteen) and beyond for any child who has a mental, emotional, or physical impairment preventing emancipation and while any child between the ages of eighteen (18) and twenty (20) is attending high school or an equivalent program as a full-time student, the non-custodial parent shall contribute to that child's support. [Emphasis supplied.]

On April 16, 2002, Father filed a Petition to Terminate Child Support. Father alleged that since attaining her eighteenth birthday on November 8, 2001, Daughter had not attended high school or an equivalent program on a full-time basis.

*797 [T5] On May 29, 2002, the district court held a hearing on Father's petition. The first witness was the secretary from West-wood High School responsible for student records. She testified that during the first quarter of the 2001-02 school year, Daughter's attendance was sufficient for her to be considered a full-time student. In the see-ond quarter of the school year, however, Daughter's attendance declined to the point where the school no longer considered her a full-time student. In response, the school required Daughter to enter into a two-week "contract" that mandated attendance in the absence of any doctor's exeuse. The witness testified that Daughter was unable to comply with the contract so the school ordered her to withdraw.

[16] Father was the next witness. He testified that he had concerns over Daughter's poor grades. Father talked to Daughter about her grades, but he acknowledged that he did not discuss her attendance problems with her or Mother. Unsatisfied with Daughter's efforts to improve her grades, Father took away her car. Father had not had any contact with Daughter since then.

[17] Mother testified that Daughter's absences were related to health problems. Daughter was diagnosed with depression and suffered from a variety of physical ailments including thyroid problems. Daughter was under the medical care of a doctor and had been prescribed medication for her problems. Mother indicated that after Daughter was dismissed from Westwood High School, she immediately enrolled in an alternative school in Spearfish, South Dakota. According to Mother, Daughter planned to take classes during the summer so that she could complete her high school education by the end of the fall of 2002.

[18] The final witness at the hearing was Daughter. She testified that her absences were related to her various ailments. She confirmed the testimony from her mother that she had enrolled in the Spearfish high school, planned to take summer classes, and complete her education that fall Daughter also admitted that she had not informed her father about the depression diagnosis or her other medical issues because of her strained relationship with him.

[19] After the hearing, the district court denied Father's petition to terminate child support. The court found that although Daughter's attendance was poor, the school considered her a full-time student and she had made an effort to be present. The court noted Daughter's efforts to remain in school and obtain her degree. It concluded that this was sufficient for her to be considered a full-time student and that continued support was appropriate. Father has appealed.

STANDARD OF REVIEW

[T10] Decisions related to child support are assigned to the sound discretion of the district court. Jordan v. Brackin, 992 P.2d 1096, 1098 (Wyo.1999). We will not disturb a district court's ruling unless we are convinced that the court has abused its discretion. Id.

In determining whether there has been an abuse of discretion, we focus on the "reasonableness of the choice made by the trial court." Vaughn v. State, 962 P.2d 149, 151 (Wyo.1998). If the trial court could reasonably conclude as it did and the ruling is one based on sound judgment with regard to what is right under the cireumstances, it will not be disturbed absent a showing that some facet of the ruling is arbitrary or capricious. Id. (citing Byerly v. Madsen, 41 Wash.App. 495, 704 P.2d 1236 (1985)); [(Basolo v. Basolo, 907 P.2d 348, 353 (Wyo.1995)) ].

Jordan, 992 P.2d at 1098-99.

DISCUSSION

[T11] The provision in the parties' divorce decree requiring Father to pay child support past his daughter's age of majority so long as she was pursuing her high school diploma has a statutory basis:

(a) Any person legally responsible for the support of a child who abandons, deserts, neglects or unjustifiably fails to support the child is liable for support of the child. It is no defense that the child was not or is not in destitute cirenmstances. For purposes of this section, a parent's *798 legal obligation for the support of his or her children, whether natural or adopted, continues past the age of majority in cases where the children are:
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Bluebook (online)
2003 WY 107, 76 P.3d 795, 2003 Wyo. LEXIS 131, 2003 WL 22220265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cossette-v-cossette-wyo-2003.