§ 20-2-304 — Presumptive child support

Wyoming § 20-2-304

• Jurisdiction: Wyoming
• Title 20: Domestic Relations
• Ch. 2: DISSOLUTION OF MARRIAGE
• Art. 3: CHILD SUPPORT

Text

(a) Child support shall be expressed in a specific dollar
amount. The following child support tables shall be used to
determine the total child support obligation considering the
combined income of both parents. The appropriate table is based
upon the number of children for whom the parents share joint
legal responsibility and for whom support is being sought. After
the combined net income of both parents is determined it shall
be used in the first column of the tables to find the
appropriate line from which the total child support obligation
of both parents can be computed from the third column. The child
support obligation computed from the third column of the tables
shall be divided between the parents in proportion to the net
income of each. The noncustodial parent's share of the joint
child support obligation shall be paid to the custodial parent
through the clerk as defined by W.S. 20-6-102(a)(x):
(i) One (1) child:
Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents One Child Marginal Percentage
$1,000.00 23.0 $230.00 + 23.0% over $1,000.00
$2,000.00 23.0 $461.00 + 23.0% over $2,000.00
$3,200.00 23.0 $737.00 + 20.1% over $3,200.00
$4,000.00 22.5 $898.00 + 13.4% over $4,000.00
$4,500.00 21.4 $965.00 + 11.8% over $4,500.00
$8,000.00 17.2 $1,379.00 + 11.1% over $8,000.00
$15,000.00 14.4 $2,157.00 + 10.3% of anything over
$15,000.00
(ii) Two (2) children:
Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Two Children Marginal Percentage
$1,000.00 35.1 $351.00 + 35.1% over $1,000.00
$2,000.00 35.1 $702.00 + 33.9% over $2,000.00
$3,200.00 34.6 $1,108.00 + 31.0% over $3,200.00
$4,000.00 33.9 $1,356.00 + 19.6% over $4,000.00
$4,500.00 32.3 $1,454.00 + 17.0% over $4,500.00
$8,000.00 25.6 $2,048.00 + 16.0% over $8,000.00
$15,000.00 21.1 $3,171.00 + 15.3% of anything over
$15,000.00
(iii) Three (3) children:
Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Three Children Marginal Percentage
$1,000.00 42.4 $424.00 + 42.4% over $1,000.00
$2,000.00 42.4 $848.00 + 40.4% over $2,000.00
$3,200.00 41.7 $1,334.00 + 36.5% over $3,200.00
$4,000.00 40.6 $1,626.00 + 22.8% over $4,000.00
$4,500.00 38.7 $1,740.00 + 19.2% over $4,500.00
$8,000.00 30.2 $2,412.00 + 18.4% over $8,000.00
$15,000.00 24.7 $3,698.00 + 18.1% of anything over
$15,000.00
(iv) Four (4) children:
Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Four Children Marginal Percentage
$1,000.00 47.4 $474.00 + 47.4% over $1,000.00
$2,000.00 47.4 $948.00 + 45.2% over $2,000.00
$3,200.00 46.6 $1,490.00 + 40.8% over $3,200.00
$4,000.00 45.4 $1,816.00 + 25.5% over $4,000.00
$4,500.00 43.2 $1,943.00 + 21.5% over $4,500.00
$8,000.00 33.7 $2,694.00 + 20.5% over $8,000.00
$15,000.00 27.5 $4,130.00 + 20.2% of anything over
$15,000.00
(v) Five (5) or more children:
Net Monthly Percentage of
Income of Income
Both Allocated For Base Support Plus
Parents Five Children Marginal Percentage
$1,000.00 52.1 $521.00 + 52.1% over $1,000.00
$2,000.00 52.1 $1,042.00 + 49.7% over $2,000.00
$3,200.00 51.2 $1,639.00 + 44.8% over $3,200.00
$4,000.00 49.9 $1,997.00 + 28.0% over $4,000.00
$4,500.00 47.5 $2,137.00 + 23.6% over $4,500.00
$8,000.00 37.0 $2,964.00 + 22.6% over $8,000.00
$15,000.00 30.3 $4,543.00 + 22.2% of anything over
$15,000.00
(b) Repealed by Laws 2018, ch. 42, § 2.
(c) When each parent keeps the children overnight for more
than twenty-five percent (25%) of the year and both parents
contribute substantially to the expenses of the children in
addition to the payment of child support, a shared
responsibility child support obligation shall be determined by
multiplying the parents' total child support obligation as
derived from subsection (a) of this section by one hundred fifty
percent (150%). After the shared responsibility child support
obligation is determined, that amount shall be divided between
the parents in proportion to the net income of each. The
proportionate share of the total obligation of each parent shall
then be multiplied by the percentage of time the children spend
with the other parent to determine the theoretical support
obligation owed to the other parent. The parent owing the
greater amount of child support shall pay the difference between
the two (2) amounts as the net child support obligation.
(d) When each parent has physical custody of at least one
(1) of the children, a shared responsibility child support
obligation for all of the children shall be determined by use of
the tables. The shared responsibility child support amount shall
be divided by the number of children to determine the
presumptive support obligation for each child, which amount
shall then be allocated to each parent based upon the number of
those children in the physical custody of that parent. That sum
shall be multiplied by the percentage that the other parent's
net income bears to the total net income of both parents. The
obligations so determined shall then be offset, with the parent
owing the larger amount paying the difference between the two
(2) amounts to the other parent as a net child support
obligation.
(e) If a proportion of a support obligor's social security
or veteran's benefit is paid directly to the custodian of the
obligor's dependents who are the subject of the child support
order, the total amount of the social security or veteran's
benefit, including the amounts paid to the obligor and custodian
under the child support order, shall be counted as gross income
to the obligor. However, in determining the support amount, the
amount of the social security or veteran's benefit sent directly
to the custodian shall be subtracted from the obligor's share of
presumptive support. If the subtraction of the social security
or veteran's benefit sent directly to the custodian results in a
negative dollar amount, the support amount shall be set at zero.
The child support obligation shall be offset by the amount of
the social security or veteran's benefit sent directly to the
custodian, beginning from the time the custodian began receiving
the social security or veteran's benefit. The obligor or the
department of family services may apply to the court to receive
a credit against arrears for any social security or veteran's
benefits that are paid retroactively to the custodian. For
purposes of this subsection, "custodian" means the custodian of
dependent children under a child support order and the physical
custodian of dependent children who are the subject of a child
support order.
(f) If the difference between the obligor's net income and
the self-support reserve is less than the support obligation as
calculated from the tables in subsection (a) of this section,
the support obligation shall be set using the difference between
the obligor's net income and the self-support reserve. As used
in this subsection "self-support reserve" means the current
poverty line for one (1) person as specified by the poverty
guidelines updated periodically in the Federal Register by the
United States department of health and human services under the
authority of 42 U.S.C. 9902(2).