Summary 2008 WY 38

Summary of Decision issued April 8, 2008

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

Case Name: Keck v. Jordan

Citation: 2008 WY 38

Docket Number: S-07-0201

Appeal from the District Court of Campbell County, the Honorable John R. Perry, Judge

Representing Appellant (Defendant): Kathryn J. Edelman of Edelman Law Office, Gillette, Wyoming.

Representing Appellee (Plaintiff): Rex O. Arney and Vincent P. Schutte of Brown, Drew & Massey, LLP, Sheridan, Wyoming.

Facts/Discussion: Keck (Mother) appeals from an order modifying child support claiming the district court abused its discretion in allowing a deviation from the presumptive child support guidelines and permitting Jordan (Father) to redact portions of his tax return pertaining to his new wife.
Deviation from presumptive child support amount: In establishing support pursuant to the guidelines, the district court has discretion to deviate from the presumptive amount on a case by case basis. The deviation can only occur in accordance with the requirements of § 20-2-307(b). The Court reviewed the record and found a lack of evidence to support the deviation from the standard child support on the basis of the younger daughter’s level of financial need and possible benefits she might receive in the future. They further held that the evidence showing that Father contributed to the older daughter’s college expenses could not be utilized to deviate from the support owed for the second daughter.
Redaction from income tax returns: The Court was unable to conclude that the district court abused its discretion in allowing Father to redact portions relating to his wife’s income – particularly in light of the requirement that the parties fully and completely disclose their financial status by affidavit when modification is sought.

Holding: The district court’s deviation from the child support guidelines was reversed. The district court’s determination that Father may redact portions of his tax return related solely to his wife’s income was affirmed.

Reversed in part, affirmed in part.

J. Kite delivered the decision.

Link: http://tinyurl.com/6dz6lw .

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