Child Support: What You Need To Know

By Nicole Ginger, Esq.

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If the couple is not married, either parent can petition the court for child support. Child support is calculated based on both parents’ income and the custody arrangement the parents have with the child.

A basic custody arrangement is where one parent has primary physical custody and the other parent has standard visitation. Standard visitation is every other weekend, rotating holidays, and six weeks during summer break.

A split custody arrangement applies where the couple has multiple children. For example, if Father has primary custody of one child and Mother has primary custody of one child, then that would be a split custody arrangement.

In a shared custody arrangement, both parents have primary physical custody. That child spends equal or almost equal time with each parent.

Self Support Reserve

As of January 2020, the SSR is $1063.55.

How to Petition for Child Support or Modify Child Support

If you want to petition the court to establish child support, Packet 11 is the Petition to establish custody, child support, and visitation.

You fill out the petition, file it with the court, and send a copy to the other side, then wait 20 days, or 30 days if the other side is out of state. The day count includes weekends. After those days are up, you can fill out a petition for a default judgment with the court. If the judge signs off on the Default Judgment, then the court finds in your favor.

Once the other side is served with the Petition, you have 30 days to send the other side your Initial Disclosures.

You will also need to fill out a Confidential Financial Affidavit and attach your most recent tax return and pay stubs.

You then must file a Request for Setting. If you do not, the other side needs to.

What to do if you receive a Petition to Modify or Establish Child Support

If you receive a petition to establish custody, child support, and visitation, you have 20 days to file either a response or a counterclaim. If you are outside the state of Wyoming, you have an additional 10 days to respond, making the total response time 30 days. The day count includes weekends. In a counterclaim, you can explain the child support arrangement you want.

When you are served, you have 30 days from that date to fill out and send your Initial Disclosures to the other side.

You then need to send the other side your Initial Disclosures within 30 days of receiving the other side’s petition.

You will also need to fill out a Confidential Financial Affidavit and attach your most recent tax return and pay stubs.

If the other side does not request a hearing date, then you will have to request one.

Modifying Child Support

Either party, or child support, may petition the court to modify an existing custody order. If you go to the Wyoming Supreme Court website, Packet 7 is the packet you fill out if you are asking the court to change the child support.

If you receive a petition to modify child support, you can go on the Wyoming Supreme Court Self Help Forms and fill out Packet 8. When you are served with the petition to modify child support, you have 20 days to respond.

In order to modify an order, the parent must show that there was a material change in circumstances.