Tuesday, July 30, 2013

Summary 2013 WY 71

Summary of Decision June 6, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0219

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

Appeal from the District Court of Laramie County, the Honorable Thomas T.C. Campbell, Judge

Representing Appellant: Dameione S. Cameron of Cameron Law Office, P.C., Cheyenne, Wyoming.

Representing Appellee: Laura J. Jackson of Jackson Law Firm, L.L.C., Cheyenne, Wyoming.

Date of Decision: June 6, 2013

Facts: Michael G. Quast, the appellee, petitioned the district court for modification of his child support payments. At the hearing related to that petition, the appellee and Lisa M. Quast, the appellant, agreed that certain provisions related to the division of their children’s college tuition and extracurricular expenses contained in their property settlement and divorce agreement were in need of clarification. The district court modified the amount of child support owed by the appellee. Additionally, the district court determined that the appellant was voluntarily unemployed and imputed income to her for purposes of calculating the amount of income to attribute to each parent. The district court also added limitations to the college and extracurricular expense provisions. The appellant now appeals those decisions.

Issues: Did the district court abuse its discretion by imputing income to the appellant? Did the district court abuse its discretion by modifying the terms of the Property Settlement and Child Custody Agreement?

Holdings: The appellant contends that the district court improperly imputed income to her in determining the new level of presumptive child support owed by the appellee and improperly modified provisions governing college tuition and extracurricular expenses contained in the property settlement and divorce agreement. The record on appeal lacks a transcript from the district court’s hearing on these issues. Without the transcript, we must accept as true the district court’s evidentiary findings. The appellant was unable to show that the district court abused its discretion. Affirmed.

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

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