Madison v. Madison

859 P.2d 1276, 1993 Wyo. LEXIS 150, 1993 WL 370518
CourtWyoming Supreme Court
DecidedSeptember 23, 1993
Docket92-168
StatusPublished
Cited by11 cases

This text of 859 P.2d 1276 (Madison v. Madison) 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
Madison v. Madison, 859 P.2d 1276, 1993 Wyo. LEXIS 150, 1993 WL 370518 (Wyo. 1993).

Opinions

GOLDEN, Justice.

In this appeal we must determine whether the district court erred in increasing appellant’s child support based on an average of his income for a four-year period of time and whether a district court has authority to modify a child support award, adding to it an “escalation clause.”

We affirm.

ISSUES

Appellant Douglas G. Madison raises these issues:

I. Whether the court erred in providing that Mr. Madison’s child support obligation could be increased, and not decreased, automatically each year based solely on his adjusted gross income.
A. Whether the court erred in not expressing the child support in a specific dollar amount as required by W.S. § 20-6-304(a).
B. Whether the annual automatic child support adjustments improperly side-step the required showing of a material and substantial change of circumstances and the consideration of factors other than the obligor’s income.
C. Whether the court erred in establishing a child support provision which automatically increases if Mr. Madison’s income exceeds $51,238.20 but does not provide for automatic decreases if Mr. Madison’s income is less than that amount.
D. Whether the court erred in not providing for reimbursement to Mr. Madison if the increased child support level in any particular year is greater than $1,270 per month, but his income actually supports lesser child support.
E. Whether the requirement that the child support automatically increase based on adjusted gross income (with the adjustment to arrive at net income) was error by the court.
II. Whether the court erred in basing appellant’s child support obligation on an average of appellant’s income over a four-year period.

[1278]*1278Appellee Donna (Madison) Eisele submits this restatement of the issues:

I. Whether the court correctly applied the law of the State of Wyoming when it averaged Mr. Madison’s income over four-years.
II. Whether, based upon the facts of this case, the court properly established a range of child support, with automatic annual adjustments. Said range is specific to the extent necessary to comply with W.S. § 20-6-304(a) and the formula provided is equitable in that neither party is precluded from petitioning the court for adjustments pursuant to the Wyoming child support guidelines.
III. Whether the court properly established an increase in child support when Mr. Madison’s income increases.
IV. Whether the court properly considered the issue of “phantom income” when determining Mr. Madison’s income and subsequent child support payments.

FACTS

Madison filed a complaint seeking a divorce on December 28, 1982. The parties have two children who are now approximately 13 and 15 years of age. A decree of divorce was entered on May 11, 1983, and provided for the division of the marital property, that Eisele would have custody of the children, and that Madison was to pay a total of $700 per month as child support for their two children. He was also required to provide health and medical insurance for the children and to pay one-half of all medical expenses not covered by insurance. An amended decree, entered on June 28, 1983, altered some provisions of the decree and accorded Madison the right to claim both children as dependents for income tax purposes.

On August 7, 1990, Eisele filed a petition seeking review and adjustment of Madison’s child support obligations. After more than a year of bitterly disputed discovery, most of which was directed at determining what Madison’s income was, he agreed to increase his child support to $500 per month per child and to contribute $75 per month per child to a college fund. That offer was not accepted. On December 13, 1991, the district court issued an opinion letter which concluded that Madison had experienced an increase in income which warranted modification of his child support obligations, even though his income varied dramatically from year to year and his income was somewhat difficult to quantify. The district court set his child support obligation for the two children at a minimum of $1,270 per month and a maximum of $2,000 per month (the minimum and maximum figures for one child are $965 and $1,330, respectively)1. The minimum figure is based on what the district court found to be Madison’s net, average, annual income over a four-year period of time. The maximum level was to be reached dependent upon future increases in Madison’s annual earnings based upon his net income.2 The record gives no indication if Madison has been required to pay an amount greater than that. The final order of the district court was reduced to a judgment. This appeal followed.

DISCUSSION

In significant part, Eisele’s action was engendered by changes in Wyoming law [1279]*1279concerning child support which occurred in 1989 and 1990. Wyo.Stat. § 20-6-304(a) (Supp.1992) provides:

§ 20-6-304. Child support guidelines.
(a) Child support shall be expressed in a specific dollar amount and shall be determined in accordance with the following guidelines:
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Madison contends the district court erred in not expressing the child support in a “specific dollar amount.” The district court did express the specific dollar amount of $1,270 which was immediately due. The amount of child support set is well within the district court’s discretion, and we will not disturb that ruling. Ellison v. Walter ex rel. Walter, 834 P.2d 680, 685 (Wyo.1992); Scaling v. Scaling, 805 P.2d 866, 869 (Wyo.1991); Mintle v. Mintle, 764 P.2d 255, 258 (Wyo.1988).

The significant issue we must address is whether it was an abuse of discretion for the district court to set an upper scale of $2,000 per month for child support, based on a theory that Madison’s income might vary upwardly in the future. What the district court actually did was to insert an “escalation clause” in the modified decree. Madison contends that, in addition to the language of Wyo.Stat. § 20-6-304, requiring that child support be in a “specified dollar amount,” Wyo.Stat. § 20-2-113 (Supp.1992) contemplates that the district court will only modify that specific dollar amount upon petition. The district court retains jurisdiction of child support matters and may entertain petitions to modify the decree if changed circumstances present themselves. This is not a matter of first impression in this court,3 but the issue, has been addressed in greater detail by numerous other appellate courts. Jay M. Zitter, Annotation, “Validity and Enforceability of Escalation Clause in Divorce Decree Relating to Alimony and Child Support, ” 19 A.L.R. 4th 830 (1983). It is obvious that the district court carefully reviewed the cases cited in the annotation, as well as the cases cited at footnote three.

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Madison v. Madison
859 P.2d 1276 (Wyoming Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
859 P.2d 1276, 1993 Wyo. LEXIS 150, 1993 WL 370518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madison-v-madison-wyo-1993.