Summary 2009 WY 58

Summary of Decision issued April 28, 2009

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

Case Name: Steele v. Neeman

Citation: 2009 WY 58

Docket Number: S-08-0117

Appeal from the District Court of Campbell County, the Honorable Dan. R. Price II, Judge.

Representing Appellant Steele (Mother): Christopher M. Wages of Goddard, Wages & Vogel, Buffalo, Wyoming.

Representing Appellee Neeman (Father): DaNece Day and Christopher R. Ringer of Lubnau & Bailey, PC, Gillette, Wyoming.

Facts/Discussion: Mother sought an upward modification of child support against Father. The district court modified the child support amount but downward to less than half the statutorily determined presumptive amount. The district court cited the child’s poor relationship with the father which included lack of visitation as the reason for deviation.

Deviation from presumptive child support amount: Wyo. Stat. Ann. § 20-2-304 established a method for determining child support amounts based on the parents’ incomes. The amount determined is 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. Section 20-2-307(b) established the method by which the determining court might deviate from the presumptive amount. As the Court stated in Sharpe, lack of visitation and negative feelings between a noncustodial parent and child are not proper factors that a court may consider in determining whether to deviate from the presumptive support guidelines. The amount of time a child spends with each parent is relevant only in regard to calculating the expenses each parent incurs when physically in custody of a child.

Conclusion: A parent is supposed to be a financial resource for his/her child. It is a responsibility of parenthood. This responsibility exists regardless of visitation or negative feelings between parent and child. The district court erred when it used those criteria as the basis for deviating from the established presumptive child support.

Reversed and remanded.

J. Golden delivered the decision.

Link: http://tinyurl.com/d6ykwj .

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