Thursday, October 17, 2013

Summary 2013 WY 132

Summary of Decision October 17, 2013

Justice Davis delivered the opinion for the Court. Reversed and remanded for entry of proper award, affirmed on all other issues.


Docket Number: S-13-0063


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

Representing Appellant: Richard “Zak” Szekely, Casper, Wyoming.

Representing Appellee: No appearance.

Date of Decision: October 17, 2013

Facts: Appellant Jerry D. Walker (Father) filed a motion seeking primary residential custody of his daughter. Appellee Jaci S. Walker (Mother), who was the primary residential custodian under the parties’ divorce decree, opposed a change of custody and sought an increase in child support based on a claimed increase in Father’s income. The district court denied Father’s motion for a change of custody, finding no material change in circumstances. However, it found that Mother had proven that she was entitled to an increase in child support. It also awarded her a judgment for Father’s share of the child’s medical and other expenses she had paid.

Issues: 1. Did the district court err in finding that Mother was entitled to an increase in child support? 2. Did the district court have authority to award a judgment in any amount? 3. Did the district court err in failing to credit Father with payments he had made if it did have authority to award a judgment? 4. Did the district court abuse its discretion in denying Father’s motion for a change of custody because it

Holdings/Conclusion: We find the district court’s child support calculation to be erroneous as a matter of law, and we therefore reverse and remand for appropriate proceedings to correct the error. The district court’s order is affirmed in all other respects.

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

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