Matthew Oliver Lee v. Nancy W. Lee

2013 WY 76, 303 P.3d 1128, 2013 WL 2996204, 2013 Wyo. LEXIS 79
CourtWyoming Supreme Court
DecidedJune 18, 2013
DocketS-12-0233
StatusPublished
Cited by3 cases

This text of 2013 WY 76 (Matthew Oliver Lee v. Nancy W. Lee) 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
Matthew Oliver Lee v. Nancy W. Lee, 2013 WY 76, 303 P.3d 1128, 2013 WL 2996204, 2013 Wyo. LEXIS 79 (Wyo. 2013).

Opinion

KITE, Chief Justice.

[T1] Matthew Oliver Lee (Father) appeals from the district court's order directing him to pay Naney W. Lee (Mother) $680 per month in child support for the care of their minor child. Although the district court granted Father a downward deviation from the amount calculated with the child support *1130 guidelines, he claims the court erred by refusing to apply the joint custody child support statute. We disagree with some of the district court's rationale; however, we conclude, in the end, it did not abuse its disceretion. Consequently, we affirm.

ISSUES

[¶2] Father presents a single issue on appeal:

Did the district court abuse its discretion in finding that [Father] did not meet the requisite statutory guidelines for joint custody child support?

Mother also queries:

Does this [Clourt lack jurisdiction to consider this appeal because [Father] failed to file a Notice of Appeal from the district court's final order disposing of the issues in this case within the allotted time provided by Wyo. R.App. P. Rule 2.017

FACTS

[¶3] The parties divorced in 2008 and the initial decree established joint legal and physical custody of their minor child with no support obligation. On April 6, 2009, Father filed a petition to modify custody, seeking primary residential custody of the child. On April 28, 2009, Mother responded with her own motion seeking primary residential custody and child support. The parties were ultimately able to agree on a number of matters, including that Mother would have primary residential custody of the child and Father would have liberal visitation. Father's overnight visitation generally included every other weekend during the school year, alternating holidays, and all of the summer vacation except every other weekend and one uninterrupted ten day period and one four day weekend during which Mother was entitled to keep the child.

[¶4] The parties agreed to split the cost of the child's health insurance and any non-covered medical needs. With regard to school expenses, the parties agreed to share equally expenses associated with "remedial training, tutoring, textbooks and testing." However, Mother was responsible for "standard school supplies, school meals, field trips, yearbooks and class gifts." 1 The parties were unable to agree on child support and submitted that matter to the district court for resolution, expressly stipulating that the decision could be made on the record without a hearing. Mother sought child support in accordance with the child support guidelines in Wyo. Stat. Ann. § 20-2-304(a) (LexisNexis 2012) 2 which pertain to a standard primary custody/visitation arrangement. Father asserted the reduced child *1131 support obligation set out in Wyo. Stat. Ann. § 20-2-304(c) (LexisNexis 2012) 3 for joint custody arrangements should apply to their situation or, in the alternative, he was entitled to a downward deviation from the guideline amount, pursuant to § 20-2-307(b) (Lexis Nexis 2012). 4

[¶5] After considering all of the materials, the district court issued a "Decision Regarding Child Support Calculation." It ruled that § 20-2-804(c) was not applicable because Father did not substantially contribute to the child's expenses in addition to paying child support. The district court, therefore, applied the guidelines in § 20-2-804(a) and calculated Father's presumptive monthly child support obligation at $759. However, it also granted his request for a downward deviation under § 20-2-307(b), based upon the amount of time the child spends with each parent and Father's obligation for another child, to arrive at a final child support obligation of $680 per month. After the district court entered an "Order on Child Support," Father filed a notice of appeal.

STANDARD OF REVIEW

[T6] "The existence of jurisdiction is a question of law and our review is de movo." Mathewson v. Estate of Nielsen, 2011 WY 71, ¶11, 252 P.3d 958, 961 (Wyo.2011). See also, Evans v. Moyer, 2012 WY 111, ¶9, 282 P.3d 1203, 1208 (Wyo.2012). The de novo standard of review also applies to statutory interpretation questions. Egan v. Egan, 2010 WY 164, ¶7, 244 P.3d 1045, *1132 1048 (Wyo.2010); Dorr v. Smith, Keller & Assoc., 2010 WY 120, ¶ 11, 238 P.3d 549, 552 (Wyo.2010).

[17] In general, determinations concerning child support and the decision to deviate from the child support guidelines are left to the district court's discretion. Verheydt v. Verheydt, 2013 WY 25, ¶19, 295 P.3d 1245, 1250 (Wyo.2013); Witowski v. Roosevelt, 2009 WY 5, ¶13, 199 P.3d 1072, 1076 (Wyo.2009). Consequently, we will not disturb the district court's child support award unless it abused its discretion. "In determining whether an abuse of discretion occurred, our core inquiry is the reasonableness of the district court's decision." Verheydt, ¶19, 295 P.3d at 1250; Hanson v. Belveal, 2012 WY 98, ¶14, 280 P.3d 1186, 1192 (Wyo.2012). If our review requires an evaluation of the sufficiency of the evidence to support the district court's decision, "we afford to the prevailing party every favorable inference while omitting any consideration of evidence presented by the unsuccessful party" Reavis v. Reavis, 955 P.2d 428, 431 (Wyo.1998) (citations omitted).

DISCUSSION

A. Jurisdiction

[¶8] We begin with Mother's jurisdictional issue because a determination that jurisdiction is lacking would be dispositive. In order to invoke our jurisdiction, a notice of appeal must be filed within thirty days from entry of a final appealable order. W.R.AP. 2.01; Evans, ¶ 11, 282 P.3d at 1208. Mother claims the district court's "Decision Regarding Child Support Calculation" was a final appealable order and we do not have jurisdiction because Father failed to file his notice of appeal within thirty days after entry of that order.

[¶9] The "Decision Regarding Child Support Calculation" was a twenty-eight page letter filed on July 30, 2012, which included the following provisions:

The Court believes that all pending matters have been determined in this case. Should any pending issues remain, counsel or the parties shall immediately notify the Court in writing of the nature of any such pending issues, but not later than ten (10) days from the date of filing hereof.
Within twenty (20) days of the date of filing of this Decision Regarding Child Support Calculation, counsel for [Mother] shall prepare the proper Order(s) consistent with this [decision], including such specific findings as are required by Wyoming law, submit such to [Father's] counsel showing proof of service thereof, for approval as to form, and forward to this Court for entry and filing in accordance with the Wyoming Rules of Civil Procedure.

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Bluebook (online)
2013 WY 76, 303 P.3d 1128, 2013 WL 2996204, 2013 Wyo. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthew-oliver-lee-v-nancy-w-lee-wyo-2013.