Wyoming Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

State Enforcement of Child Support in Wyoming Within Wyoming's Department of Family Services is a special working unit called the Child Support Enforcement program (CSE). CSE is tasked with providing child support services to both receiving and non-receiving parents.

Every three (3) years. Every three years, upon request, the court is required to review and, if appropriate, adjust the child support order. There is no need for a showing of a change of circumstances if it has been at least three years since the previous child support order was entered.

Child support ends when the parents marry each other or remarry each other. If the parents remarry, the District Court may eliminate all child support arrears that accrued under the previous child support order except for those arrears owed to the State of Wyoming.

(b) Where the combined income of the custodial parent and the noncustodial parent is less than eight hundred forty-six dollars ($846.00), the support obligation of the noncustodial parent shall be twenty-two percent (22%) of net income for one (1) child and twenty-five percent (25%) of net income for two (2) or more ...

Wyoming Child Support Modification Parents can agree to pay more than what the guidelines propose, but they can't agree to pay less.

Enforcement of past due child support in Wyoming is not subject to a statute of limitations.

Wyoming law states that any payment of child support not paid when due shall automatically become a judgment against the parent who is supposed to pay on the due date. This judgment is subject to a 10% late payment penalty if it is not paid within thirty-two (32) days.

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.

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Wyoming Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support