Summary 2007 WY 106

Summary of Decision issued July 11, 2007

[SPECIAL NOTE: This opinion uses "Universal Citation" and was given an "official" citation when issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will note that all of the paragraphs are numbered. When you need to provide a pinpoint citation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion should include the reporter page number. If you need assistance, please contact the Wyoming State Law Library.]

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Starkey v. Starkey

Citation: 2007 WY 106

Docket Number: 06-256

Appeal from the District Court of Natrona County, the Honorable Scott W. Skavdahl, Judge

Representing Appellant (Defendant): Gibson Sean Benham of Casper, Wyoming

Representing Appellee (Plaintiff): Patrick J. Crank, Attorney General; Robin Sessions Cooley, Deputy Attorney General; Dan Wilde, Senior Assistant Attorney General; Ellen Rutledge, Assistant Attorney General.

Issue: Whether the district court abused its discretion in determining that Father was not entitled to credit for payments made in excess of his child support obligation.

Facts/Discussion: In 1998, Father began paying an extra $50.00 per month on his child support obligation in an effort to pay it off in advance. Father stopped making payments in September 2005 when he believed he had a credit of $4500.00 in child support. At a hearing on a petition to modify child support, the district court had an opportunity to consider whether or not Father should receive credit for the overpayment. The court ruled he was not entitled to credit.
Standard of Review: The disposition of marital property, calculation of income for child support purposes and the granting of alimony are committed to the sound discretion of the district court.
This is an issue of first impression for Wyoming. The Court began by looking at other states’ treatment of the issue. For the most part, courts do not allow a credit to the obligor spouse for voluntary expenditures on behalf of a child in a manner other than specified by a decree. Wyoming statutes are clear that child support orders are always modifiable in light of parents’ ever changing circumstances but modification is to be done following the strict procedures in the statutes. The Court noted an important proposition from Kimble v. Ellis that parties may not unilaterally or jointly modify or abrogate the terms of a child support order. The circumstances in the instant case did not warrant application of an exception to the general rule.

Holding: Father overpaid the child support obligation intentionally. He modified the obligation unilaterally without court approval. Father’s obligation was to pay the specified amounts according to the decree and orders modifying it. The Court concluded the district court did not abuse its discretion in refusing to give credit for overpayment of the child support obligation and the Order Regarding Overpayment was affirmed in all respects.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/32ez6f .