Steele v. Steele

2005 WY 33, 108 P.3d 844, 2005 Wyo. LEXIS 34, 2005 WL 674892
CourtWyoming Supreme Court
DecidedMarch 24, 2005
Docket04-117
StatusPublished
Cited by13 cases

This text of 2005 WY 33 (Steele v. Steele) 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
Steele v. Steele, 2005 WY 33, 108 P.3d 844, 2005 Wyo. LEXIS 34, 2005 WL 674892 (Wyo. 2005).

Opinions

HILL, Chief Justice.

[¶ 1] Appellant, Richard S. Steele (Father), contends that the district court erred in ordering Appellee, Lee Anne Steele (Mother),1 to pay only the statutory minimum support of $50.00 per month. Father also contends that the district court improperly applied the statutory factors it is required to consider in deviating from the presumptive child support obligation, and that it acted arbitrarily and capriciously in applying “other factors” contemplated by the governing statute. We will affirm.

ISSUES

[¶ 2] Father posits these issues for our consideration:

I. The district court improperly applied the “minimum” child support obligation as provided for in Wyo. Stat. § 20-2-304(b).
a. [Mother’s] income alone was in excess of $732.00 per month.
[846]*846b. Twenty-five percent of [Mother’s] income far exceeds $50.00 per month.
II. The district court improperly applied the factors provided within Wyo. Stat. § 20-2-307(b) in granting [Mother] a deviation from her presumptive child support obligation.
a. The factors listed in § 20-2-307(b)(i-xii) either favor [Father] or are not applicable herein.
III. The district court acted arbitrarily and capriciously in applying Wyo. Stat. § 20-2-307(b)(xiii).
a. The disparity in the party’s income is adequately and fully addressed in Wyo. Stat. § 20-2-304(a).
b. The district court improperly weighed the financial efforts and achievements of [Father] with the assistance of his wife and mother.
c. The district court should have considered the legal obligation and abilities of [Mother] in determining what, if any, deviation was appropriate herein.

Mother did not submit a brief or otherwise appear in this Court.

FACTS AND PROCEEDINGS

[¶ 3] By decree entered on July 9, 1993, the parties were divorced. Under the terms of the decree, as well as the parties’ stipulation, Father was designated the primary custodian of the children.2 A part of the stipulation was that Mother would pay the presumptive statutory minimum support of $50.00, although the divorce decree provided that she was not required to pay any child support. The record does not reveal whether Mother, in fact, paid any child support to Father during the ten-year interval between the divorce and the commencement of these proceedings. At the time of the divorce, Mother was the primary care giver and was not employed. For purposes of making the child support computation, minimum wage income was attributed to Mother.

[¶ 4] On December 31, 2002, Mother filed a petition to modify custody, visitation and support in which she asked for primary custody of the children. It suffices here to note that Mother based her motion on an allegation that both Father and his new wife imposed overly harsh physical discipline on the children and that the children lived in an overly strict, stressful, and fearful environment. A guardian ad litem was appointed for the children. A custody evaluation was accomplished and, although it is not a part of the record on appeal, it is apparent from the record that the evaluator recommended that Father should remain the primary custodian and Mother should have additional visitation. Father filed a counter-motion on January 17, 2003, in which he asserted that the status quo should be maintained, except that Mother should be required to pay child support. It is also apparent from the record that no adjustments were made to the parties’ child support obligations in the intervening ten years. Father alleged that, in applying the presumptive child support established by the governing statute, the support amount would change by 20% or more from the amount in the existing order. Wyo. Stat. Ann. § 20-2-311 (LexisNexis 2003). Mother took the position that while there were changes in circumstances that counseled in favor of a change of custody, there was not a change in circumstances that counseled in favor of modifying the original decree with respect to child support.

[¶ 5] On February 25, 2004, the parties filed a “Stipulated Modified Child Custody and Visitation Agreement.” With respect to custody, it provided: “The [parents] agree to maintain joint legal custody with primary residential care, custody and control provided to [Father]. [Mother] shall enjoy liberal secondary parenting rights and responsibilities as the parties herein agree, but no less than those provided in Section 2 herein.” The parties were unable to agree on child support, so that issue was presented to the district court for resolution.

[¶ 6] A hearing was held on March 16, 2004, to address child support. The court reporter was not present at the hearing, thus it was not reported and no transcript is available. With respect to Mother, the record contains three financial affidavits (filed [847]*847on November 14, 2003, net income $1,271.05; January 26, 2004, net income $569.87; and March 16, 2004, net income $950.00). The record also clearly demonstrates that Father has a substantial income.

[IT 7] On April 7, 2004, the district court issued a decision letter3 that contained this summary of the evidence it had before it:

The Court takes into consideration many factors, primarily the disparate financial positions of the parties, but also the questions of what relief was being requested and by what party. Here the Court finds the fees for the guardian ad litem should be paid by [Father]. It appears from the file that such payment is complete in any event. The Court, noting that the guardian ad litem requested the involvement of the custody evaluator and that [Father] utilized his resources to ensure that that was done, will order repayment of one-half of the custody evaluation, $3,000, by each party. [Mother] is to receive credit for $700 paid up through the time of trial, with the remaining $2,300 to be paid at the rate of $100 a month.
The more difficult issue was that of child support. The Court notes that the financial position of [Mother] has not substantially changed in over ten years. The original agreement of the parties was that because of her financial circumstances deviation to $50.00 a month was appropriate. There has been no substantial change of that circumstance other than the most recent job of [Mother] (judging by her affidavit) now pays her somewhat above minimum wage. Even during the pendency of this proceeding, [Mother’s] jobs changed, and her affidavit in January indicated $569 of net income, and now indicates approximately $950 of net income. The Court will find that $950 is her net income, and find that [Father’s] net income is that indicated only on his affidavit4 (though there was much discussion about whether that was accurate). However, because of all of the evidence of the financial circumstances of [Mother], will deviate downward. Once the computation is made it should be included in the order, but should instead reflect a downward deviation to $75 per month. There is, given the history of the case, little reason to believe that it is in the interests of the children to order the presumed child support amount be paid by the mother.

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Bluebook (online)
2005 WY 33, 108 P.3d 844, 2005 Wyo. LEXIS 34, 2005 WL 674892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-steele-wyo-2005.