WYOMING Part 70

Sources

You can read the law on alimony in the Wyoming State Statutes Section 20-2-114 and Section 20-2-116. To learn more about continued alimony payments under a separation agreement even after the recipient spouse remarried, see Swetich v. Smith, 802 P.2d 869 (1990). To read a case dealing with material and substantial changes of circumstances, see Maher v. Maher 90 P.3d 739 (2004). For more on alimony and taxes, see Internal Revenue Service Publication 504, page 12.

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Taxes

Wyoming follows the IRS structure for taxing alimony. If you are paying alimony, your payments are tax deductible. If you are receiving alimony, the IRS taxes what you receive as income.

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Terminating Payments

Alimony payments terminate automatically when the recipient spouse dies. Where the recipient spouse remarries, the paying spouse can ask the court to terminate payments. There is an exception to this, however. Spouses are free to agree to alimony payments on their own, without the court’s involvement, in a separation agreement. These types of agreements generally settle the spouse’s property rights and can include other arrangements dealing with child custody, child support, and alimony. If a spouse concedes in a separation agreement to pay alimony to the other spouse for 10 years, for example, but the recipient spouse remarries after five years, then the paying spouse could be stuck with making payments for the whole 10 years.

Consequently, if you decide to use a separation agreement to determine the length and amount of alimony payments you must make, be sure to include language about what happens if your spouse remarries.

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Changing Payments

The court can modify alimony payments any time a spouse has experienced a material and substantial change of circumstances and a spouse has asked the court to make a modification. This is true even if the divorce has been final for years. A spouse has no right to stop or change payments without the court’s permission, however, unless the spouse receiving alimony (the recipient spouse) has died.

WYOMING Part 66

The court can order alimony payments as part of the distribution of property and may use a spouse’s separate property, which can include real estate, rents, profits, or other income, to satisfy the necessary amount. For instance, if your spouse requests alimony and you have separate property – say you owned a condominium before marriage that you kept as a rental property during marriage – the court could order you to pay alimony to your spouse by assigning rents or profits from that condo to your spouse.

The court can order periodic alimony payments for life or for as long as necessary. Alimony could also be a lump sum payment made only once.

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How the Court Calculates Alimony

There is no equation or calculator that you can use to find out how much alimony you are due or might have to pay. Payments are based on the requesting spouse’s needs and the paying spouse’s ability to pay. Otherwise, the court has wide discretion in awarding alimony, as long as it is reasonable and fair.

WYOMING Part 64

In Wyoming, you can request alimony as soon as the divorce process begins; you can receive temporary alimony until you get your final order from the court. You can even ask for alimony to help you cover the expense of the divorce, regardless of who asked for the divorce.

Once the court awards alimony, either spouse can challenge the amount or duration of the award at any time during or after the divorce. For example, if you request and get alimony to help you defend the divorce, your spouse can immediately ask the court to reconsider the order for financial reasons. Your spouse can’t, however, ask the court to deny your alimony because you caused the marriage to fail. The court does not include either spouse’s fault when deciding whether to award alimony, how much should be awarded, or for how long.

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4.      What do we need to do to get alimony?

Alimony (also called spousal support or maintenance) is a payment from one spouse to the other during or after divorce. It acts like a substitute for the financial support the spouses received from each other during marriage--and if one spouse provided more of the support during the marriage, the same will be true after divorce.

Alimony is not gender-based; either spouse may request alimony. A court will award it only to the one who is financially disadvantaged, however. In other words, you can’t get alimony out of your spouse if you also are in a better position to support yourself because you have more income, property, or both.

WYOMING Part 62

Sources

You can read the law on child support in the Wyoming State Statutes, Sections 20-2-301 through 315. You can find an online calculator for child support guidelines in Wyoming’s Forms and Procedures packet. You can read about enforcement of child support orders on Wyoming’s Department of Family Services website.

WYOMING Part 61

When asked to reconsider a child support payment before an order is in place, a court will evaluate the fairness of a guidelines-result based on factors including the child’s age, cost of day care, transportation costs, and any special health or educational needs. A court also looks at the parents’ responsibilities to other children, the value of services contributed by either parent, and the parents’ ability to provide health insurance through employment benefits. Additionally, a court considers the parents’ relationship to each other, the expense of pregnancy, the amount of time the child spends with each parent, any other necessary expense for the child, and whether a parent is voluntarily unemployed or underemployed.

Once a court makes a child support order, it can be modified at any time if a parent experiences a substantial change in circumstances. A change is substantial if there would be a 20% change in the amount of child support. For example, the paying parent loses a job or the receiving parent wins the lottery.

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Blurring the Guidelines: Adjusting or Modifying Payments

A court will presume that the child support payment provided by the guidelines is the one that should be ordered. Parents, however, can agree to pay more than what the guidelines propose. They can’t agree to pay less. Also, a court could either reduce or increase the amount of child support if the guidelines render an amount that is unjust or inappropriate for one or both parents to pay.

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It becomes slightly trickier in cases where each parent keeps the child overnight for more than 40% of the year and contributes substantially to the cost of raising a child, or where each parent has physical custody of at least one of the children. In those situations, the amount of time a child spends with a parent (say, 45% with one parent versus 55% with the other) or the number of children per parent (2 kids stay with one parent while 1 stays with the other) matters and payments will be shifted to give more to the parent with greater responsibility.

In the event the parents’ combined income is less than $833, then the non-custodial parent (the one with less than 50% physical custody), must pay 25% of net income, with one exception. Payments must be at least $50 a month. So if this parent makes less than $200 a month, $50 would be due even though it is more than 25% of net income.

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According to the guidelines, for two kids, you must pay between 20% to 36.8% of your net income, plus an additional percentage of any income above a certain baseline amount. The baseline for our example net income of $2,500) is $2,083. The percentage of child support due on $2,083 is 35%. For every dollar above $2,083 – in our example, $417 – 31.9% of this amount must go to child support.

As calculated, it looks like this:

$2,083 x 35%=$729

$417 x 31.9%=$133

$729 + $133 = $862.

$862 is the total amount of child support due every month. Does that mean you must pay $862 per month or that the other parent has to pay you $862 per month? No, on both accounts.

You will have to provide a pro-rated share of $862 based on your individual income. Recall that your income in this example is $1,500 a month while the other parent has $1,000. Your income ($1,500) makes up 60% of $2,500. So you would be responsible for 60% of $862, which is $517. The other parent is responsible for 40% of $862, which is $345. Whether you are the one making payments or accepting them depends on your specific custody arrangement.

WYOMING Part 57

The Guidelines

Once you know the income for both parents, you can apply it to the state’s guidelines to find the specific amount due. The guidelines are a formula used to determine support payments. Although the following gives an explanation on how to use the guidelines, you will have to look at the guidelines yourself to see how much your support payments will be. The link is included below.

First, count your kids. Let’s say you have two with the same parent. Then, take your net income. For example, say your net income is $1,500 a month. Add your net income to the other parent’s net income – we’ll use $1,000 for this parent’s income – so the total amount of net income is $2,500 ($1,500 + $1,000). Once you have these numbers (how many kids and how much income), look to the guidelines.

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Income

You must know the net income of both parents before you can calculate child support. Net income is the amount you take home in your paycheck after taxes and other deductions like social security and health insurance costs have been taken out. If you think you don’t have any income because you don’t earn a paycheck, think again. In Wyoming, income for child support also includes unemployment benefits, most worker’s compensation payments, and retirement benefits, among other things. Also, if you are voluntarily unemployed or underemployed, then a court could derive a potential income based on what you could be making.

Apart from the financial resources above, there are some items that fall outside of the scope of income. Besides personal income taxes, social security, and health insurance premiums, you can also exclude other court-ordered support (like alimony) to arrive at your net income. Also, any means-tested resources, like Pell grants, food stamps, and the POWER program are not included when calculating your net income.

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The Purpose of Child Support

Child support helps cover the cost of raising a child. It continues until the child is 18-years-old, and sometimes longer if the child is still in high school or has a mental or physical disability. Generally, it doesn’t matter if the money is used for school lunches or violin lessons.

The amount of support you have to pay or will receive depends on the number of children you have and the combined income of both parents. Based on these two factors, the state has developed guidelines to determine a fair and reasonable amount of child support. A court must approve the amount, however, and may occasionally deviate from the guidelines if the amount would be unjust or inappropriate.

WYOMING Part 54

3.         What do we need to do to get child support?

Understanding Child Support in Wyoming

If you have a child and are on the brink of divorce, separation, or some other parenting action (like paternity), you likely have concerns about child support payments. Before worrying too much about how much child support will cost, or how much you might get, you should know that the law in Wyoming requires both parents support the child. What this means in actual dollars depends on custody and the income of the parents.

WYOMING Part 53

Additionally, if you are a service member with visitation rights, under certain circumstances a judge may allow that a family member exercises those rights. If a service member with visitation rights receives temporary duty, deployment, or mobilization orders, and the service member has to move a substantial distance from his/her residence (or the orders affect in another way the service member’s visitation rights) then, the service member can ask a judge that a family member with a close and substantial relationship with the child makes use of those visitation rights while the service member is away. This may be possible if the judge believes it is in the child’s best interests.*4

In certain circumstances, a judge may expedite a custody or visitation case involving a service member, or allow him/her to present evidence or testimony by electronic means. A service member that has received temporary duty, deployment, or mobilization orders can ask the judge to expedite a pending custody or visitation hearing when his/her military duties have a significant effect in his/her ability to attend the meeting in person.*5 In addition, if the service member gives advance notice, s/he may be able to ask the judge if s/he can present testimony and evidence by phone, video conferencing, or the internet in pending custody or visitation matters.*6 

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     - Any order establishing the terms of custody or visitation when the service member is away may only be temporarily modified to  provide for the child’s best interests.*

     - Any order modifying an existing custody or visitation order that is necessary because of the service member’s temporary duty, deployment, or mobilization must specify that the military service is the basis for the order and that the order is temporary.*1

     - A judge must consider whether these temporary custody or visitation orders should terminate automatically.*2

     - After a service member returns, the temporary duty, mobilization, or deployment of a service member and the temporary disruption of the child’s schedule must be neutral factors in determining a material change in circumstances, and will not (by themselves) constitute a material change in circumstances permitting a permanent modification of custody or visitation rights.*3 

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What is the effect of military duty/deployment in custody/visitation?

Temporary military duty may affect custody modification in certain circumstances. If a service member with custody or visitation of a child, receives temporary duty, deployment, or mobilization orders, and the service member has to move a substantial distance from his/her residence (or have a temporary but significant effect in the service member’s visitation or custody responsibilities) then: 

WYOMING Part 50

Can a parent who does not have custody have access to the child's records?

Yes. Both the custodial and non-custodial parents will have access to your child's records, unless a court order says otherwise. These records include anything relating to your child, such as school records, medical and dental records. If you do not want the other parent to have access to these records, you must convince the judge that there is a good reason for him to limit this access.*

WYOMING Part 49

If the other parent takes the kids out of state without my permission, can I charge him with kidnapping?

Usually not, but he may be charged custodial interference in some cases.

Generally, you cannot take your kids out of the state, even for a short period of time, without the other parent's permission, unless the court order specifically says you can. If your court order does not address this issue, then the other parent is usually not allowed to leave the state with your child, unless you give him permission.

If you have a custody/visitation order in place and the other parent tries to hide your child in violation of the custody or visitation order, you can speak with law enforcement about charging them with interference with custody or contempt. This is true whether the other parent leaves the state with your child or not.*

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    • How the children have fared under the original custody and visitation arrangement

    •         The moving parent’s motives for proposing the move

    •         Whether the move will improve the child and custodial parent's quality of life

    •         What options would be available for visitation with the noncustodial parent

    •         How often the noncustodial parent saw the child at the old location

    •         Whether there are family or friends at the old or new location

    •         The educational opportunities at the old and new locations *

Wishing to move or moving, without any other events, is not a substantial or material change in circumstance to warrant a change in the custody order.** The judge has broad discretion for modifying a child custody order, and the best interests of the child should be the most important considerations.

WYOMING Part 47

If there is a custody order in place, can I take my kids out of the state?

If you would like to move to another state with your child, then you usually have to ask the court's permission to modify the existing custody agreement. In deciding whether to allow you to move out of state, the judge may (but does not have to) consider:

WYOMING Part 46

Can I change the state where the case is being heard?

Maybe. If you move to another state, you may be able to change the state where the custody case is being heard. Once you and your child have been living in a new state for 6 consecutive months, then the new state may be able to hear your case. If you have been in the new state for less than 6 months, then you will probably have to ask the judge that is hearing the case to change the jurisdiction of your case. This is often complicated, and as with all custody issues, it is probably best to talk to a lawyer about this. Please visit our WY Finding a Lawyer page.

WYOMING Part 45

To file a motion for a change in custody or visitation, you must fill out the necessary forms and return them to the court. You can visit your local courthouse to obtain copies of all the needed paper work. The court clerk may be able to answer some questions you have about the paperwork. However, the packet and court workers cannot tell you whether you should bring your case to court or what will happen if you do. It's best to have a lawyer help you if you can. To find a lawyer please visit our WY Finding a Lawyer page under the Where to Find Help tab on the top of this page.

WYOMING Part 44

If a custody order is already in place, how can I get it changed?

To change a custody or visitation order that is already in place, you need to file a motion with the court.* See http://www.courts.state.wy.us/DandCS.aspx for the appropriate custody forms. Generally, for the court to grant you a change in custody or visitation, you need to show that there has been a "material and substantial" change in circumstances since your last hearing and that changing the custody order would be in the best interest of your child according to Wyoming law.** A condition that existed when the custody order was entered is not a substantial or material change in circumstances. Moving away, without any other events, is not a substantial or material change in circumstance to warrant a change in the custody order. ***

WYOMING Part 43

Support for you: This is also referred to as alimony. If you are getting separated or divorced, a court can award you temporary or permanent alimony. *5 This support is for a former spouse who is unable to adequately provide for himself or herself. *6 In deciding whether to award you (or your spouse) alimony, a judge will look at any factors that s/he feels are important to make a just and equitable decision.*7 A few of the factors a judge may look at are:

    •         Your need for payment/ the other parent's ability to pay*8

    •         How long you were married*9

    •         The age, physical and emotional health of you and the other parent*10

    •         The standard of living you had in your marriage and how likely it is that you will be able to maintain a similar standard of living*11

    •         How much both parents can earn for a living, and the future abilities of each to earn a living *11

    •         A judge may award alimony as a "lump sum" or as a series of payment over time.*12

There are no strict rules for alimony and property distribution and the judge’s ruling will depend on the specific facts of your case.*13 Additionally, the judge has the discretion to alter the alimony order at a later date if one of the parties to the action petitions for a change.*14 

WYOMING Part 42

Also, if your child spends more than 25% of his or her time with the noncustodial parent and that parent pays for a substantial portion of your child's needs (on top of what he pays for child support), then the court will find that you have "shared custody" of your child and lower the amount of support you will receive.

To get a rough idea of how much support you may receive, you can visit this website: www.alllaw.com/calculators/childsupport/wyoming/. However, this website only estimates the amount of support you may get. The amount of support you receive depends on how much the judge decides to award.

WYOMING Part 41

    •         The child's age

    •         The cost of child care

    •         Any special health care or educational needs that your child has

    •         Either parent's responsibility to support others

    •         The value of services contributed by each parent

    •         Any pregnancy expenses

    •         Visitation transportation costs

    •         Each parent's ability to provide health insurance through employment benefits

    •         The amount of time the child spends with each parent (The more time your child spends with you, the more support you will              usually receive.)

    •         The incomes and financial conditions of both parents

    •         Whether a parent has violated any terms of the divorce decree

    •         Whether either parent is voluntarily unemployed or underemployed. *4

WYOMING Part 40

Can I get financial support for my children and myself?

Yes. However, it is important to be aware that child support and support for yourself are independent. For example, it is possible that you may only be able to get support for your children, and not for yourself.

Support for your child: Generally, the court will determine how much money the other parent will pay to support your child.*1 You can file for child support at the same time you file for custody, or you can file for child support separately. You do not have to file for custody of your child to get child support. The court almost always uses set child support guidelines to determine how much support you will receive.*2 The court uses a complex formula, but basically the court looks at both parents' incomes, whether either parent has to pay support for other children, and how much the custodial parent has to pay for health insurance.*2 Sometimes the court may consider other factors to change the support guidelines for your particular situation.*3 Some additional factors for the judge to consider include:

WYOMING Part 39

Could a judge require me to take parenting classes?

Yes. In cases involving child custody, the court may order the parents to attend classes to learn about the impact of divorce on children. This could mean that you would have to cooperate with your abuser. If the judge tries to make you take parenting classes, make sure the judge knows that there has been violence and ask to take the classes separately from your abuser.*

WYOMING Part 38

If a court denies a request for custody, do they have to explain why?

No. Though judges are encouraged to explain the reasons for their decisions, there is no law saying that they have to.*

WYOMING Part 37

What is mediation?

Mediation is a private, informal way to work out your dispute. It uses a neutral third-party, called a mediator, to help you and the other parent agree on matters relating to custody and visitation of your child. A judge may refer you to mediation if s/he thinks it will be helpful, but the mediator cannot force you to agree to something that you don't want. If you are the victim of domestic violence, make sure the judge knows this. It may affect his/her decision on whether to send you to mediation.*

In general, the parents or anyone else who is asking for custody have to pay for mediation. In some cases, a judge may order different payment arrangements.

WYOMING Part 36

You can also file for temporary emergency custody in Wyoming if it's not the home state if:

1. the child is present in the state, AND

2. the child has been abandoned, OR

3. it is necessary in an emergency to protect the child because either the child, a sibling or a parent of the child is subjected to or threatened with mistreatment or abuse.***

WYOMING Part 35

If you and your child recently moved from Wyoming, generally either you or the other parent can file for custody in Wyoming until the child has living in another state for at least 6 months.*

However, there are exceptions to the home state rule. In some cases, you can file for custody in a state where the children and at least one parent have "significant connections." Usually, however, you can only do this if there is no home state or if the home state has agreed to let another state have jurisdiction. This can be complicated, and if you think this applies to your situation, please talk to a lawyer in both states about this.**

For a list of legal resources, please see our Wyoming Where to Find Help page.

WYOMING Part 34

Can I file for custody in Wyoming?

You can only file for custody in Wyoming if it is your child's "home state". (There are exceptions to the "home state" rule -- see below.) The "home state" is the state where your child has lived with a parent or a person acting as a parent for at least six consecutive months. If your child is less than 6 months old, then your child's home state is the state where s/he has lived since birth. Leaving the state for a short period of time does not change your child's home state.*

If you and your child recently moved to Wyoming, generally you cannot file for custody in Wyoming until you have lived there for at least six months. Until then, you or the other parent can start a custody action in the state where your child has most recently lived for at least 6 months.*

WYOMING Part 33

Do I need a lawyer?

It is highly recommended that you get a lawyer, to make sure that your rights are protected. If you cannot afford a lawyer, you may be able to find sources of free or low-cost legal help on our WY Finding a Lawyer Page.

If you are unable to get a lawyer, you can file several types of motions on your own. A motion is the device you use to ask the court for its help.* To file a motion, you go to the courthouse, fill out the necessary forms, and return them to the court. The court clerk may be able to answer some of the administrative questions you have about filing a motion. However, the clerk cannot answer legal questions, tell you whether you should file for custody, or what the outcome may be.

Even if you plan on representing yourself, it may be helpful for you to have a lawyer review your forms before you file them.

WYOMING Part 32

If I have moved away from the house where my husband and children currently live, will this hurt my chances of gaining custody?

We strongly recommend that you consult an attorney before leaving the home where your spouse and children currently live. In many cases, leaving the home where your husband and children currently live may hurt your chances of getting custody. This is especially true if you leave, but allow your children to remain in the residence with the other parent. However, if you left your marital home to flee abuse, make sure the judge knows this.*

WYOMING Part 31

•             The quality of the relationship each child has with each parent

•             Each parent's ability to provide proper care for the child, including arranging for child care

•             How "fit" and "competent" the judge thinks each parent is

•             How willing each parent is to accept all of the responsibilities of parenting, including:

    o         Caring for your child at certain specified times and

    o         Letting the other parent care for your child at other specified times

•             How the parents and each child can best maintain and improve a relationship with each other

•             How the parents and each child interact and communicate with each other and how this can be improved

•             How willing each parent is to allow the other parent to provide care without interference

•             The distance between the parents' homes

•             The current physical and mental ability of each parent to care for each child

•             Whether you and/or your child were abused

•             What custody arrangement would be relatively easy for the parents to keep to and would promote understanding between the parents

•             Whether either parent attended parenting classes, if they were ordered by the court

•             Anything else the judge believes affects your child's best interest**

The court will not automatically give preference to either the mother or the father in a custody case.***

WYOMING Part 30

How will a judge make a decision about custody?

When deciding who will have custody, a judge will try to make an arrangement that s/he thinks is in the best interest of your child.* Some of the factors that the judge will consider are:

WYOMING Part 29

I am the child's relative (other than a parent). Can I get custody or visitation of the child?

If you are the child's grandparent or great-grandparent*1, then you may be able to get visitation rights. The judge will grant you reasonable visitation rights if s/he thinks that it would be in the best interest of the child and that it would not substantially impair the child's parents' rights.*2 However, grandparents will not have an action if the minor grandchild has been adopted and neither adopting parent is related by blood to the child.*3

If you are another relative, then you can only start an action seeking visitation if you have been the child's primary caregiver for at least 6 months, within the past 18 months. "Primary caregiver" means that the child lived with you and you were the main person taking care of the child. Similar to the grandparents’ visitation rights, a court will only grant a primary caregiver reasonable visitation rights if it is in the best interest of the child and does not substantially impair the rights of the parents. *4

WYOMING Part 28

If the judge does award the other parent visitation, you can request that the judge order the child be dropped off and picked up in a particular safe place, such as a police department.*

If you are concerned about your or your child’s safety and want to keep your address and phone number confidential during court proceedings, you have the right to file an affidavit or include this request in your court papers.  You would have to explain why the health, safety or liberty of you or child would be jeopardized if specific identifying information is not kept confidential.  The judge can hold a hearing about this issue and if the judge agrees, that information will be sealed and may not be given to the other party or the public.**  You may want to contact an attorney to discuss this further or ask the court staff how you can file an affidavit to make this request.

WYOMING Part 27

Can a parent who committed violence get custody or visitation?

Yes, it is possible that a parent who has committed violence will get custody or visitation. The court will consider evidence that you or your child were abused as evidence that custody or visitation may not be in the best interest of your child. If the judge does find that violence has occurred, then s/he must make an arrangement that it thinks best protects you and your children from further harm. This could include giving the abusive parent visitation, allowing the abusive parent to have only supervised visitation, or denying the abusive parent visitation altogether.

WYOMING Part 26

Who can get custody?

At least one of the child's parents is entitled to custody, unless neither parent is a suitable custodian* or both parents are no longer living.**

If the parents are no longer living or are considered "unfit", the judge can award custody to another person or, in extremely rare cases, to an agency such as the Wyoming Department of Family Services, depending on what the judge believes to be in the best interest of the child.(See factors the court will use for best interest of the child below under “How will a judge make a decision about custody”) “***

WYOMING Part 25

Here are some examples of joint physical custody:

- Your child spends 3 days a week with you, and 4 days a week with the other parent

- Your child spends one week, month or year with you and then the next week, month or year with the other parent.

If you have sole physical custody and the other parent has visitation rights, then this is not joint physical custody. This is true even if the other parent has a large amount of visitation time.**

WYOMING Part 24

Joint or shared physical custody is where your child lives with both you and the other parent, splitting her/his time between both homes. Although the child spends time with both parents, the time may not necessarily be split equally. When there is joint physical custody, both parents share the rights of making day-to-day decisions about your child and the responsibilities of caring for your child. Some things that parents with joint physical custody will both be responsible for include: feeding your child, bathing your child, arranging medical care for your child, participating in your child's education and putting your child to bed at night. Because parents with joint physical custody usually have joint legal custody as well, it also means that both parents share the right to make major decisions about your child.

WYOMING Part 23

What options are there for physical custody?

In Wyoming, if you have sole physical custody of your child, then your child lives with you and not with the other parent. A parent with sole physical custody is sometimes said to have "primary physical custody" of the child. A parent with physical custody is responsible for the physical care and supervision of the child*, and decisions that affect that care. The fact that the other parent has visitation does not change this.

WYOMING Part 22

If you have sole legal custody (also referred to as primary custody), then you are the parent who has the ultimate decision-making responsibility for the child.

If you have joint or shared legal custody of your child, it means that you share the right to make major decisions about your child with the other parent. Joint legal custody is sometimes referred to as “joint custody”. Both parents have the right to make decisions affecting the child even though only one parent has physical custody (your child lives with only one parent). Joint legal custody allows both parents to have a say in major issues like where your child goes to school, whether s/he will have surgery and what kind of religious training s/he receives.**

WYOMING Part 21

a)            The quality of the relationship each child has with each parent

b)            The ability of each parent to provide adequate care for each child

c)            The competency and fitness of each parent

d)            Each parent’s willingness to accept parenting responsibilities

e)            How the parents and each child can best maintain and strengthen a relationship with each other

f)             How the parents and each child interact and communicate with each other, and how this interaction may be improved

g)            The ability and willingness of each parent to allow the other parent to provide care without intrusion and respect the other parent’s rights and privacy

h)            Geographic distance between the parent’s residences

i)             The current physical and mental ability of each parent to care for each child

j)             Any additional factors the court believes are relevant*

WYOMING Part 20

What options are there for legal custody?

Legal custody may include joint, sole, or shared custody, as long as it is in the best interest of the child. A court will make a decision on legal custody based on what it thinks is most practical and beneficial for the well-being of the child.* The following are some factors the judge may consider when making his/her decision:

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In the majority of cases, supervised visits are only a temporary measure.  Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the other parent on a certain amount of visits or the visits might be supervised by a relative for a certain amount of time -- and if there are no obvious problems, the visits may likely become unsupervised.  Oftentimes, at the end of a case, the other parent ends up with more frequent and/ or longer visits than s/he had before you went into court or even some form of custody.

In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out what may be best in your situation, please go to WY Finding a Lawyer to seek out legal advice.

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Should I start a court case to ask for supervised visitation?

If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised.  If you are already in court because the abuser filed for visitation or custody, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request (although this may depend on your situation).

However, if there is no current court case, please get legal advice BEFORE you start a court case to ask for supervised visits.  We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.

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If you decide not to get a custody order, then you and the other parent have equal rights to both of the above. The only way to change the equal right to make decisions about your child and to have your child live with you is by filing for custody of your child with the court.

While a custody order may help in many ways, you do NOT need a custody order to file for child support. When necessary, the court will order child support for the financial maintenance of your child.* (See “Can I get financial support for my children and myself?” below)

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What are some benefits of getting a custody order?

Some people decide not to get a custody order because they don't want to get the courts involved. They may have an informal agreement that works well for them or may think going to court will provoke the other parent.

A custody order can give you:

* The right to make decisions about your child (legal custody)

* The right to physical custody of your child (to have your child live with you)

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Is there any difference between custody and visitation?

Custody can include the right to make decisions about your child (legal custody) and the right to have your child live with you (physical custody). A parent who does not have physical custody may be entitled to visitation. This means that even though your child lives with one parent, your child may get to spend time with the other parent. The court may order visitation with the other parent based on the best interests of the child.

You may also share legal custody of your child with the parent who has visitation. In this case, your child lives with one parent and spends time with the other parent, but both parents have the right to make important decisions about your child.

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2.                  What do we need to do to get custody?

What is custody?

Custody is the legal responsibility for the care and control of your child (under 18).* The court may award custody of your child to one or both parents as part of a divorce or separation proceeding. There are 2 types of custody: legal and physical.

Legal custody is the right to make major decisions about your child. Some types of decisions included in the right of legal custody are: where your child goes to school, whether your child gets surgery and what kind of religious training your child receives.

Physical custody refers to who your child lives with on a day-to-day basis.**

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Does Wyoming have resources for do-it-yourself divorce?

Yes. You can usually get fill-in-the-blank forms at your local courthouse or the local law library. And you can go to this online resource for Wyoming, where you'll find extensive information about do-it-yourself divorce, along with court forms (in some states).

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What are the rules about child support in Wyoming?

Like all states, Wyoming requires both parents to support their children, even after a divorce. The amount of child support depends primarily on each parent's income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will "impute" income to a parent who has the capacity to earn more than he or she actually is earning. To learn more about child support, see Nolo's Children & Family area.

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What are the rules about child custody in Wyoming?

Like all states, Wyoming courts begin with a presumption that it's best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements. However, the exact nature of the time-share will be determined by the children's best interests. For more information, see Nolo's article Child Custody FAQ.

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How is property divided at divorce in Wyoming?

Wyoming is an equitable division state. In an equitable division state, each spouse owns the income he or she earns during the marriage, and also has the right to manage any property that's in his or her name alone. But at divorce, whose name is on what property isn't the only deciding factor. Instead, the judge will divide marital property in a way that the judge considers fair, but won't necessarily be exactly equal.

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What is the residency requirement for divorce in Wyoming?

At least one spouse must be a resident of Wyoming for 60 days before filing for divorce.

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What are the grounds for divorce in Wyoming?

Wyoming is a purely "no-fault" divorce state, meaning that you can't allege that your spouse's wrongdoing was the cause of the divorce. Instead, most divorces are based on the grounds that the parties have irreconcilable differences that have led to the breakdown of the marriage. However, fault may be considered by the court as a factor in dividing property or awarding alimony. To learn more about how Wyoming uses fault as a determining factor in alimony and property issues, see Nolo's Essential Guide to Divorce, by Emily Doskow (Nolo).

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Bring your Completed Forms to your Court Clerk’s Office and Pay the Fee

Proceed to your court clerk’s office with the originals and copies of your forms. If everything is in order, the clerk will use the original forms and ask you to pay a fee to file, roughly $60.00 to $70.00. You can also ask for a waiver for the fees if you cannot afford to pay them by filing an Affidavit of Indigency and Request for Waiver of Filing Fees and All Fees Associated Therewith, along with an Order on Request for Waiver of Filing Fees and All Fees Associated Therewith.

If your spouse lives in another state or country, make sure to consult a lawyerbefore filing.

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Make Copies of your Forms

Once you have filled out the appropriate forms, make at least two copies of each. One set will be served to your spouse, one will be filed by the clerk of your district’s court, and the last should be kept for your records.

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Complaint for Divorce (with children)

Confidential Financial Affidavit

Order Requiring Completion of Confidential Financial Affidavits

Income Withholding Order

Notice to Payer

Confidential Statement of Parties for Child Support Order

Decree of Divorce with Children

Certificate of Mailing Decree of Divorce

You may not serve the divorce papers yourself unless your spouse has signed an Acknowledgment and Acceptance of Service Form in front of a notary, and filed it with a clerk.

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Decree of Divorce

If the parties have reached an agreement and they do not desire to proceed with a lengthy trial, they can use Rocket Lawyer’s easy interview process to complete a Divorce Settlement Agreement. The Divorce Settlement Agreement details the division property, assets, debts and liabilities, and settles matters of child support, custody and visitation.

Additional Forms for Couples with Children:

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Fill Out your Forms

When filling out your forms, remember that every document you sign should include your name, address, and telephone number. You can check Wyoming's civil court website for packets of documents for your needs here.

Forms to be completed by all parties who are filing for no fault divorce in Wyoming:

Vital Statistics Form (leave the “decree section”to be filled out by the clerk when your divorce is final)

Complaint for Divorce

Summons in a Civil Action

Initial Disclosures

Notice of Service of Initial Disclosures

Affidavit for Divorce Without Appearance of Parties 

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Residency Requirements

In order to qualify for a divorce in Wyoming, you must live in Wyoming a minimum of sixty days prior to filing for your divorce. 

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1.                  What do we need to get a divorce?

How to File For No-Fault Divorce in Wyoming

The State of Wyoming is a no-fault divorce state, meaning the court will not assign fault to either party for the divorce. Wyoming uses irreconcilable differences (the two parties no longer get along) as grounds for divorce.

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Ref: Wisconsin Statutes 813

Accused of a Restraining Order Violation in Wisconsin? Call for Defense Advice.

Discussing the particulars of your case with an experienced attorney is the only sure way to know what you may be facing. All cases are different and I can help you evaluate yours.

We can get through this. Call me for a consultation on your case today, and I’ll help you work out your options and next steps to defend your rights in court.

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Wisconsin Restraining Order Violation: Laws & Penalties

If you are caught in violation of a restraining order, you will likely be immediately arrested and subsequently charged. How you are charged and the sentence and penalties you may face depends largely on the circumstances that surrounded the issuance of the order in the first place.

For instance, if the restraining order was issued in a case of stalking, you may only face up to 90 days in jail. However, if it was issued in a domestic violence case, the potential sentence could grow to 9 months in jail and fines reaching $1,000.

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This means that even if you believe the order was taken out in error and is not fair, you still have to follow the order or risk additional criminal charges.

But if that is the case, we may be able to fight in court to have the restraining order lifted. Contact me for details on how we can contest a Wisconsin restraining order that was issued unfairly.

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Injunction: This order can last two years and is only put in place after a hearing.

Restraining orders can be taken out in cases of domestic violence, stalking and harassment, child abuse, and elder abuse. In all of these cases, there may be slight differences in the way the court handles the issuance of the order.

However, no matter the situation around the restraining order, you should receive notice of it and you are required by law to agree to the terms.

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What are the types of Restraining Orders in Wisconsin?

72 hour no-contact order: This order is taken out immediately following a domestic violence arrest and is limited to 72 hours.

Temporary Restraining Order (TRO): This is a short term solution used pending a more permanent injunction. Typically if served with a TRO you will be also informed of an upcoming hearing date. These usually last up to 90 days or until the hearing takes place.

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I understand that sometimes restraining orders are taken out in error. This, however, does not mean they can be disregarded. We can discuss the particulars of your case today and work on a solution together.

I will see that your rights are protected at every stage of the criminal justice process. I will also work to ensure you get the best possible results on your day in court.

Contact me as soon as possible to find out what you can do in your defense of this criminal charge.

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5.      What do we need to do to get TRO?

Restraining Order Violation Laws

If you are accused of violating a restraining order or injunction then I know you are likely going through a difficult time in your life. And facing charges in the Wisconsin legal system is only adding to your stress and problems. But as an attorney who has fought these charges before, I can be your advocate to sort through this legal mess and help you get your life back in order.

Violating any order of the court is a serious matter. Judges take these TRO & injunction violations quite serious. Because of that, it is vital you have an experienced Wisconsin defense attorney with you when you go before the court.