Carroll v. GibsonAnnotate this Case
The Supreme Court affirmed the judgment of the district court denying Father's Wyo. R. Crim. P. 60(b)(4) motion seeking relief from the district court's child custody and support order, holding that Rule 60(b)(4) could not relieve Father from the district court's child support order.
As part of the parties' divorce decree, the district court ordered Father to pay the $50 minimum support obligation prescribed by Wyo. Stat. Ann. 20-2304(b) to Mother. Father later brought this action moving from relief from the child custody and support order, arguing that the child support order was void because Wyo. section 20-2304(b) is unconstitutional. The motion was deemed denied. The Supreme Court affirmed, holding that because the child support order would be voidable, not void, Rule 60(b)(4) could not relieve Father from the child support order.