Dellit v. TracyAnnotate this Case
Mother and Father, who never married, were the parents of two minor children. After the parties separated, the parties filed a stipulated order establishing custody and visitation, which was entered by the district court. The district court later entered a stipulated order for modification of child support, which required Father to pay child support in an amount based on the parties’ agreement that they were exercising shared custody. Father subsequently filed a petition to modify support, claiming a material change in circumstances. Mother requested that the district court order Father to pay child support in accordance with the presumptive child support guidelines that apply when one parent, i.e., Mother, has primary physical custody. The district court found that the existing custody arrangement was, in fact, not shared as the previous stipulated orders indicated and that Mother actually had primary custody based on the number of nights that the parties had the children overnight per year. The court then found a downward deviation was warranted under Wyo. Stat. Ann. 20-2-307(b) and reduced Father’s child support obligation from the presumptive amount. The Supreme Court reversed, holding that the district court did not abuse its discretion by deviating downward from the primary custody presumptive support amount.