State, Dep't of Family Servs. v. Powell
Annotate this CaseFather and Mother divorced in 1990. The parties agreed that each parent would have custody of one child. In 1999, the parties stipulated to a modification of their divorce decree, agreeing that Father would have primary custody of both children. The district court ordered that the parties file further information as to child support, but neither party responded. The case remained inactive until 2003, when Father filed a motion for order to appear and show cause, requesting that the district court order Mother to pay her half of the children's expenses. The court ordered Mother to pay child support and certain related expenses. In 2009, the Wyoming Department of Family Services (Department) filed an action to enforce the 2003 order. Instead of enforcing the order, the district court set it aside, ordered that the child support obligation be recalculated, and directed that the revised child support obligation be applied retroactive to 1999. The Supreme Court reversed, holding that the district court was without jurisdiction to modify the 2003 child support order where no petition to modify had been filed. Remanded.
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