§ 20-2-307 — Presumptive child support to be followed; deviations by court

(a) The presumptive child support established by W.S.
20-2-304 shall be rebuttably presumed to be the correct amount
of child support to be awarded in any proceeding to establish or
modify temporary or permanent child support amounts. Every order
or decree providing for the support of a child shall set forth
the presumptive child support amount and shall state whether the
order or decree departs from that amount.
(b) A court may deviate from the presumptive child support
established by W.S. 20-2-304 upon a specific finding that the
application of the presumptive child support would be unjust or
inappropriate in that particular case. In any case where the
court has deviated from the presumptive child support, the
reasons therefor shall be specifically set forth fully in the
order or decree. In determining whether to deviate from the
presumptive child support established by W.S. 20-2-304, the
court shall consider the following factors:
(i) The age of the child;
(ii) The cost of necessary child day care;
(iii) Any special health care and educational needs
of the child;
(iv) The responsibility of either parent for the
support of other children, whether court ordered or otherwise;
(v) The value of services contributed by either
parent;
(vi) Any expenses reasonably related to the mother's
pregnancy and confinement for that child, if the parents were
never married or if the parents were divorced prior to the birth
of the child;
(vii) The cost of transportation of the child to and
from visitation;
(viii) The ability of either or both parents to
furnish health, dental and vision insurance through employment
benefits;
(ix) The amount of time the child spends with each
parent;
(x) Any other necessary expenses for the benefit of
the child;
(xi) Whether either parent is voluntarily unemployed
or underemployed. In such case the child support shall be
computed based upon the potential earning capacity (imputed
income) of the unemployed or underemployed parent. In making
that determination the court shall consider:
(A) Prior employment experience and history;
(B) Educational level and whether additional
education would make the parent more self-sufficient or
significantly increase the parent's income;
(C) The presence of children of the marriage in
the parent's home and its impact on the earnings of that parent;
(D) Availability of employment for which the
parent is qualified;
(E) Prevailing wage rates in the local area;
(F) Special skills or training; and
(G) Whether the parent is realistically able to
earn imputed income.
(xii) Whether or not either parent has violated any
provision of the divorce decree, including visitation
provisions, if deemed relevant by the court; and
(xiii) Other factors deemed relevant by the court.
(c) If the parties fail to agree that the presumptive
child support amount under W.S. 20-2-304 is appropriate, the
court may order the party seeking to deviate from the
presumptive child support amount to pay reasonable attorney fees
and court costs to the other party unless, after hearing the
evidence and considering the factors contained in subsection (b)
of this section, the court deviates from the presumptive support
amount.
(d) Agreements regarding child support may be submitted to
the court. All such agreements shall be accompanied by a
financial affidavit as required by W.S. 20-2-308. The court
shall use the presumed child support amounts to review the
adequacy of child support agreements negotiated by the parties.
If the agreed amount departs from the presumed child support,
the parties shall furnish statements of explanation which shall
be included with the forms and shall be filed with the court.
The court shall review the agreement and inform the parties
whether or not additional or corrected information is needed, or
that the agreement is approved or disapproved. No agreement
which is less than the presumed child support amount shall be
approved if means tested sources of income such as aid under the
personal opportunities with employment responsibilities (POWER)
program, health care benefits under Title XIX of the Social
Security Act, supplemental nutrition assistance program,
supplemental security income (SSI) or other similar benefits are
being paid on behalf of any of the children.