Tuesday, March 05, 2013

Summary 2013 WY 25

Summary of Decision March 5, 2013

Chief Justice Kite delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0153

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Sweetwater County, Honorable Nena James, Judge.

Representing Appellant: Galen Woelk of Aaron & Hennig, LLP, Laramie, Wyoming.

Representing Appellee: Elizabeth Greenwood and Inga L. Parsons of Greenwood Law, LLC, Pinedale, Wyoming.

Date of Decision: March 5, 2013

Facts: Tammi Wai-Ping Verheydt (Wife) and Raymond Alexander Verheydt (Husband) were divorced by decree entered February 27, 2012. Husband appealed, claiming the district court abused its discretion in imputing his monthly income and ordering him to pay child support for several months when he was living in the marital home after Wife filed for divorce and ordering him to pay half the cost of the children’s past and future activities as an upward deviation of child support. Husband also contended the district court deprived him of due process in making the above rulings without evidentiary support.

Issues: Husband presents the issues for this Court’s determination as follows:

1. The District Court imputed income to [Husband] without evidence supporting its findings.

2. The District Court’s upward deviation in child support is not supported by evidence, and does not conform to Wyoming’s statutory requirements.

3. The District Court cannot order child support and an upward deviation to that support, for time in which a parent resides with his children.

4. The District Court deprived [Husband] of his right to due process when it entered an order having no evidentiary support.

Holdings: The Court found that Husband waived his right to assert these claims on appeal and affirmed the district court’s rulings.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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