ORIGINAL HOUSE                                     ENGROSSED
BILL   NO.  0101

       ENROLLED ACT NO. 19,  HOUSE OF REPRESENTATIVES
       
       FIFTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
                     2000 BUDGET SESSION





AN ACT relating to child support enforcement; conforming
provisions to Wyoming Supreme Court decisions; conforming
provisions to federal requirements; clarifying procedures;
renumbering provisions as specified; authorizing the
legislative service office to conform renumbering of
provisions as specified; and providing for an effective
date.

Be It Enacted by the Legislature of the State of Wyoming:

     Section 1.  W.S. 20-2-201 through 20-2-204, 20-2-301,
20-2-302, 20-2-305, 20-2-308 through 20-2-310, 20-2-312 and
20-2-313 are created to read:
     
                          ARTICLE 2
                   CUSTODY AND VISITATION
     
     20-2-201.  Disposition and maintenance of children in
decree or order; modification; access to records; payment to
court clerk; continuing jurisdiction to modify decree;
notice.
     
     (a)  In granting a divorce, separation or annulment of
a marriage or upon the establishment of paternity pursuant
to W.S. 14-2-101 through 14-2-120, the court may make by
decree or order any disposition of the children that appears
most expedient and in the best interests of the children.
In determining the best interests of the child, the court
shall consider, but is not limited to, the following
factors:
     
          (i)  The quality of the relationship each child
has with each parent;
     
          (ii)  The ability of each parent to provide
adequate care for each child throughout each period of
responsibility, including arranging for each child's care by
others as needed;
     
          (iii)  The relative competency and fitness of each
parent;
     
          (iv)  Each parent's willingness to accept all
responsibilities of parenting, including a willingness to
accept care for each child at specified times and to
relinquish care to the other parent at specified times;
     
          (v)  How the parents and each child can best
maintain and strengthen a relationship with each other;
     
     (vi)  How the parents and each child interact and
communicate with each other and how such interaction and
communication may be improved;
     
          (vii)  The ability and willingness of each parent
to allow the other to provide care without intrusion,
respect the other parent's rights and responsibilities,
including the right to privacy;
     
          (viii)  Geographic distance between the parents'
residences;
     
          (ix)  The current physical and mental ability of
each parent to care for each child;
     
          (x)  Any other factors the court deems necessary
and relevant.
     
     (b)  In any proceeding in which the custody of a child
is at issue the court shall not prefer one (1) parent as a
custodian solely because of gender.
     
     (c)  The court shall consider evidence of spousal abuse
or child abuse as being contrary to the best interest of the
children.  If the court finds that family violence has
occurred, the court shall make arrangements for visitation
that best protects the children and the abused spouse from
further harm.
     
     (d)  The court shall order custody in well defined
terms to promote understanding and compliance by the
parties. Custody shall be crafted to promote the best
interests of the children, and may include any combination
of joint, shared or sole custody.
     
     (e)  Unless otherwise ordered by the court, the
noncustodial parent shall have the same right of access as
the parent awarded custody to any records relating to the
child of the parties, including school records, activities,
teachers and teachers' conferences as well as medical and
dental treatment providers and mental health records.
     
     (f)  At any time the court may require parents to
attend appropriate parenting classes, including but not
limited to, parenting classes to lessen the effects of
divorce on children.
     
     20-2-202.  Visitation.
     
     (a)  The court may order visitation it deems in the
best interests of each child and the court shall:
     
          (i)  Order visitation in enough detail to promote
understanding and compliance;
     
     (ii)  Provide for the allocation of the costs of
transporting     each     child     for     purposes      of
visitation;
     
          (iii)  Require either parent who plans to change
their home city or state of residence, to give written
notice thirty (30) days prior to the move, both to the other
parent and to the clerk of district court stating the date
and destination of the move.
     
     20-2-203.  Jurisdiction for enforcement and
modification.

     (a)  A court in this state which enters a custody order
under W.S. 20-2-201 has continuing subject matter
jurisdiction to enforce or modify the decree concerning the
care, custody and visitation of the children as the
circumstances of the parents and needs of the child require,
subject to the provisions of the Uniform Child Custody
Jurisdiction Act.  A court which has jurisdiction to enforce
or modify an order under this section may decline to
exercise its jurisdiction if it finds it is an inconvenient
forum under the circumstances of the case and that the court
which entered the original order is a more appropriate forum
and has jurisdiction as set forth in the Uniform Child
Custody Jurisdiction Act.

     (b)  A court in any county in Wyoming in which the
child has lived with his parents, a parent or a person
acting as a parent for six (6) consecutive months
immediately prior to commencement of the custody proceeding
may assert subject matter jurisdiction and adjudicate any
proceedings involving the child.  Periods of temporary
absence of any of the named persons shall be included as
part of the six (6) month period.

     (c)  Any party seeking to enforce or modify a custody
order pursuant to this section shall attach a certified copy
of the custody order to the petition to be enforced or
modified.  A certified copy of an order entered by a Wyoming
court providing for the care, custody or visitation of
children may be filed in the office of the clerk of the
district court of any county in this state in which either
parent resides if neither parent resides in the county of
original jurisdiction.  The district court for the county in
which the order is filed has jurisdiction to enforce the
order, provided:
     
          (i)  Upon request of the district court for the
county in which a certified copy of the order has been
filed, the court which originally entered the order shall
forward certified copies of the transcript of the court
record and pleadings, orders, decrees, records of hearings,
social studies and other pertinent documents relating to the
original proceeding; and
     
          (ii)  The district court for the county in which a
certified copy of the order has been filed shall give due
consideration to the transcript of the record and all other
documents submitted to it in accordance with paragraph (i)
of this subsection.
     
     (d)  In any proceeding to enforce or modify an order
concerning the care, custody and visitation of children, any
required notice or pleading shall be served as provided by
the Wyoming Rules of Civil Procedure.
     
     20-2-204.  Enforcement and modification.
     
     (a)  Either parent may petition to enforce or modify
any court order regarding custody and visitation.
     
     (b)  A court having jurisdiction under W.S. 20-2-203
may, upon appropriate motion of a party, require a parent to
appear before the court and show just cause why the parent
should not be held in contempt, upon a showing that the
parent has willfully violated an order concerning the care,
custody and visitation of the children.  In order to enforce
and require future compliance with an order the court may
find that the parent is in contempt of court, award
attorney's fees, costs and any other relief as the court may
deem necessary under the circumstances to the party
aggrieved by the violation of an order.
     
     (c)  A court having jurisdiction may modify an order
concerning the care, custody and visitation of the children
if there is a showing by either parent of a material change
in circumstances since the entry of the order in question
and that the modification would be in the best interests of
the children pursuant to W.S. 20-2-201(a).  In any
proceeding in which a parent seeks to modify an order
concerning child custody or visitation, proof of repeated,
unreasonable failure by the custodial parent to allow
visitation to the other parent in violation of an order may
be considered as evidence of a material change of
circumstances.
     
                          ARTICLE 3
                        CHILD SUPPORT
     
     20-2-301.  Purpose.
     
Where necessary and appropriate, the court shall enter
orders, whether temporary or permanent, pursuant to and in
compliance with this article for the maintenance of children
in actions for divorce, annulment, paternity, support, out-
of-home placement and any other action for the maintenance
or support of children.
     
     20-2-302.  Applicability.
     
This article applies to all orders for the support or
maintenance of children.

     20-2-305.  Abatements.
     
     (a)  Unless otherwise ordered by the court, child
support shall abate by one-half (1/2) of the daily support
obligation for each day the noncustodial parent has physical
custody of the child for whom support is due, provided that
the noncustodial parent has custody of the child for more
than fourteen (14) consecutive days. Overnight and weekend
visits with the custodial parent shall be disregarded in
computing abatement.
     
     (b)  The noncustodial parent shall file any claim for
child support abatement with the clerk of the court within
thirty (30) days after the period for which abatement is
claimed and shall pay to the clerk the sum of one dollar
($1.00). The clerk shall mail a copy of the claim to the
custodial parent at the address provided to the clerk by the
custodial parent.
     
     (c)  The custodial parent may object to the abatement
claim by filing an objection with the clerk of court within
thirty (30) days of the date the clerk mailed the notice of
claim for abatement and shall pay to the clerk a fee of one
dollar ($1.00). The clerk shall mail a copy of the objection
to the noncustodial parent at the address provided to the
clerk by that parent.
     
     (d)  Claims or objections not timely filed or not
accompanied by the requisite fee are barred.
     
     (e)  The clerk shall notify the court of claims and
objections not barred and the court shall promptly resolve
the differences, with or without a hearing, and enter an
appropriate order.
     
     20-2-308.  Financial affidavits required; financial
reporting.

     (a)  No order establishing or modifying a child support
obligation shall be entered unless financial affidavits on a
form approved by the Wyoming supreme court which fully
discloses the financial status of the parties have been
filed, or the court has held a hearing and testimony has
been received.

(b)  Financial affidavits of the parties shall be
supported with documentation of both current and past
earnings. Suitable documentation of current earnings
includes but is not limited to pay stubs, employer
statements, or receipts and expenses if self-employed.
Documentation of current earnings shall be supplemented with
copies of the most recent tax return to provide verification
of earnings over a longer period.

     (c)  The court may require, or the parents may agree,
to exchange financial and other appropriate information once
a year or less often, by regular mail, for the purpose of
analyzing the propriety of modification of court ordered
child support.

     20-2-309.  Contents of orders; change of address or
employment; income withholding entered; payment.

     (a)  All orders shall include the social security
numbers, dates of birth and places of births of the parties.
Any decree which includes an order providing for child
support shall also provide for a statement of the:
     
          (i)  Addresses of the parties;
     
          (ii)  Names and addresses of each party's
employer;
     
          (iii)  Names, social security numbers and
birthdates of the children to whom the order relates; and
     
          (iv)  Right of either party to petition to enforce
an order pursuant to W.S. 20-2-201 through 20-2-204 and
20-2-311(d).
     
     (b)  The court shall order each party to notify the
clerk of court in writing within fifteen (15) days of any
change in address or employment.
     
     (c)  Upon entry of any order for the support of a child
under this section the court shall also enter an income
withholding order as provided by W.S. 20-6-204.
     
     (d)  All child support payments shall be paid to the
clerk of the district court.

     20-2-310.  Enforcement of child support.

     (a)  In any proceeding to enforce the decree concerning
the maintenance of children, any required notice or pleading
shall be served as provided by the Wyoming Rules of Civil
Procedure.

(b)  A court may, upon appropriate motion, require a
parent to appear before the court and show just cause why
the parent should not be held in contempt and, upon a
showing that the parent has willfully violated a child
support order, make such order or orders as the court deems
necessary and appropriate.

     (c)  In any case in which child support has been
ordered to be paid to the clerk of the court, any periodic
payment or installment under the provisions of an order
concerning maintenance is, on the date it is due, a judgment
by operation of law.

     (d)  If an able-bodied obligor is unemployed and
otherwise unable to fulfill his court-ordered child support
obligation, the court may order the obligor to participate
in the personal opportunities with employment
responsibilities (POWER) work program administered by the
department of family services, excluding the benefit portion
of that program, without regard to the program eligibility
requirements under title 42 or the department rules and
regulations promulgated thereunder.

     (e)  The court in order to enforce and require future
compliance with an order, may find that the parent is in
contempt of court, award attorney fees, costs and any other
relief as the court may deem necessary under the
circumstances.

     20-2-312.  Redirection of child support.

Upon affidavit by the current custodian or the department
filed with the clerk of the district court, or by operation
of law when public funds have been expended on behalf of a
minor child, that the care and control of the child resides
in a party other than the obligee under a child support
order, the child support shall, by operation of law, be
redirected to the person or agency who has the care and
control of the child and shall be subject to assignment by
the person having the care and control of the child pursuant
to W.S. 20-6-106. The department, upon proof by affidavit
filed with the clerk of district court or upon verified
information it has received pursuant to W.S. 20-6-106 that
the child support is subject to an assignment, may redirect
the child support to the person or agency in whose favor the
assignment is made.

     20-2-313.  Cessation of child support.

     (a)  An on-going child support obligation terminates
when the:

          (i)  Parents marry or remarry each other;

          (ii)  Child dies;

          (iii)  Child is legally emancipated; or

          (iv)  Child attains the age of majority.

     (b)  After the remarriage of the parents to each other,
the court may eliminate all child support arrearage existing
between the parents except those assigned to the state of
Wyoming.

     Section 2.  W.S. 20-6-301 is amended and renumbered as
20-2-303, 20-6-304 is amended and renumbered as 20-2-304,
20-6-305 is amended and renumbered as 20-2-306, 20-6-302 is
amended and renumbered as 20-2-307, 20-6-306 is amended and
renumbered as 20-2-311, 20-2-115 is amended and renumbered
as 20-2-314 and 20-2-118 is amended and renumbered as
20-2-315 to read:

     20-6-301 20-2-303.  Definitions.
     
     (a)  As used in this article:
     
          (i)  "Age of majority" means as defined in W.S.
14-1-101(a) or 14-2-204(a), whichever is applicable;
     
          (i)(ii)  "Income" means any form of payment or
return in money or in kind to an individual, regardless of
source.  Income includes, but is not limited to wages,
earnings, salary, commission, compensation as an independent
contractor, temporary total disability, permanent partial
disability and permanent total disability worker's
compensation payments, unemployment compensation,
disability, annuity and retirement benefits, and any other
payments made by any payor, but shall not include any
earnings derived from overtime work unless the court, after
considering all overtime earnings derived in the preceding
twenty-four (24) month period, determines the overtime
earnings can reasonably be expected to continue on a
consistent basis. In determining income, all reasonable
unreimbursed legitimate business expenses shall be deducted.
Means tested sources of income such as Pell grants, aid
under the personal opportunities with employment
responsibilities (POWER) program, food stamps and
supplemental security income (SSI) shall not be considered
as income. Gross income also means potential income of
parents who are voluntarily unemployed or underemployed;
     
     (ii)(iii)  "Net income" means income as defined in
paragraph (i) (ii) of this subsection less personal income
taxes, social security deductions, cost of dependent health
care coverage for all dependent children, actual payments
being made under preexisting support orders for current
support of other children, other court-ordered support
obligations currently being paid and mandatory pension
deductions., arrearage payments excluded.  Payments towards
child support arrearage shall not be deducted  to arrive at
net income;
     
          (iv)  "This  article" means W.S. 20-2-301 through
20-2-315.
     
     20-6-304 20-2-304.  Presumptive child support.
     
     (a)  Child support shall be expressed in a specific
dollar amount. The following child support tables shall be
used to determine the total child support obligation
considering the combined income of both parents. The
appropriate table is based upon the number of children for
whom the parents share joint legal responsibility and for
whom support is being sought. After the combined net income
of both parents is determined it shall be used in the first
column of the tables to find the appropriate line from which
the total child support obligation of both parents can be
computed from the third column. The child support obligation
computed from the third column of the tables shall be
divided between the parents in proportion to the net income
of each. The noncustodial parent's share of the joint child
support obligation shall be paid to the custodial parent
through the clerk of court.

      (i)  One (1) child:
      
Net Monthly  Percentage of  
 Income of      Income                      
   Both      Allocated For         Base Support Plus
  Parents      One Child          Marginal Percentage
                                            
   $732.00       25.4       $186.00 + 24.3% over $732.00
 $1,179.00       25.0       $295.00 + 17.2% over $1,179.00
 $1,603.00       23.0       $368.00 + 17.1% over $1,603.00
 $2,058.00       21.7       $446.00 + 14.1% over $2,058.00
 $2,674.00       19.9       $533.00 + 13.7% over $2,674.00
 $3,796.00       18.2       $689.00 + 12.7% over $3,796.00
 $4,680.00       17.1       $802.00 + 11.1% over $4,680.00
 $5,885.00       15.9       $936.00 + 10.0% of anything over
                            $5,885.00

      (ii)  Two (2) children:

Net Monthly  Percentage of                  
 Income of      Income                      
   Both      Allocated For         Base Support Plus
  Parents    Two Children         Marginal Percentage
                                            
   $732.00       35.9       $263.00 + 33.1% over $732.00
 $1,179.00       34.9       $411.00 + 24.0% over $1,179.00
 $1,603.00       32.0       $513.00 + 21.9% over $1,603.00
 $2,058.00       29.8       $613.00 + 20.4% over $2,058.00
 $2,674.00       27.6       $739.00 + 19.7% over $2,674.00
 $3,796.00       25.3       $961.00 + 18.3% over $3,796.00
 $4,680.00       24.0       $1,123.00 + 15.6% over $4,680.00
 $5,885.00       22.3       $1,311.00  +  15.0% of  anything
                            over $5,885.00

      (iii)  Three (3) children:

             Percentage of                  
Net Monthly     Income                      
 Income of   Allocated For         Base Support Plus
   Both          Three            Marginal Percentage
  Parents      Children                     
                   
   $732.00       40.8       $299.00 + 38.7% over $732.00
 $1,179.00       40.0       $472.00 + 29.0% over $1,179.00
 $1,603.00       37.1       $595.00 + 25.0% over $1,603.00
 $2,058.00       34.5       $709.00 + 23.3% over $2,058.00
 $2,674.00       31.9       $853.00 + 22.9% over $2,674.00
 $3,796.00       29.3       $1,111.00 + 20.0% over $3,796.00
 $4,680.00       27.5       $1,288.00 + 16.6% over $4,680.00
 $5,885.00       25.3       $1,489.00  +  16.0% of  anything
                            over $5,885.00

      (iv)  Four (4) children:

Net Monthly  Percentage of                  
 Income of      Income                      
   Both      Allocated For         Base Support Plus
  Parents    Four Children        Marginal Percentage
                                            
   $732.00       48.2       $353.00 + 45.6% over $732.00
 $1,179.00       47.2       $557.00 + 34.1% over $1,179.00
 $1,603.00       43.8       $702.00 + 29.8% over $1,603.00
 $2,058.00       40.7       $838.00 + 28.0% over $2,058.00
 $2,674.00       37.8       $1,011.00 + 27.5% over $2,674.00
 $3,796.00       34.8       $1,320.00 + 22.5% over $3,796.00
 $4,680.00       32.5       $1,519.00 + 20.0% over $4,680.00
 $5,885.00       29.9       $1,761.00  +  19.3% of  anything
                            over $5,885.00

      (v)  Five (5) or more children:

             Percentage of                  
Net Monthly     Income                      
 Income of   Allocated For         Base Support Plus
   Both      Five or More         Marginal Percentage
  Parents      Children                     
                   
   $732.00       54.6       $400.00 + 51.2% over $732.00
 $1,179.00       53.4       $629.00 + 39.6% over $1,179.00
 $1,603.00       49.8       $798.00 + 32.3% over $1,603.00
 $2,058.00       45.9       $945.00 + 32.7% over $2,058.00
 $2,674.00       42.9       $1,147.00 + 31.7% over $2,674.00
 $3,796.00       39.6       $1,503.00 + 23.7% over $3,796.00
 $4,680.00       36.6       $1,713.00 + 22.0% over $4,680.00
 $5,885.00       33.6       $1,979.00  +  21.3% of  anything
                            over $5,885.00
     
     
     (b)  Where the combined income of the custodial parent
and the noncustodial parent is less than seven hundred
thirty-two dollars ($732.00), the support obligation of the
noncustodial parent shall be twenty-five percent (25%) of
net income, but in no case shall the support obligation be
less than fifty dollars ($50.00) per month for each family
unit in which there are children to whom the noncustodial
parent owes a duty of support.
     
     (c)  Unless otherwise ordered by the court, child
support shall abate by one-half (1/2) of  the  daily support
obligation for each day the noncustodial parent has physical
custody of the child for whom support is due, provided that
the noncustodial parent has custody of the child for more
than  fourteen (14) consecutive days. Overnight  and weekend
visits with the custodial parent shall be disregarded in
computing abatement. The noncustodial  parent  shall file any
claim for child support abatement with the clerk of the
court within thirty (30) days after the  period  for which
abatement is claimed and shall pay to the clerk  the sum of
one dollar ($1.00). The clerk shall mail a  copy  of the claim
to the custodial parent at the address provided to the clerk
by  the custodial parent. The custodial  parent  may object to
the abatement claim by filing an objection with  the clerk of
court within thirty (30) days of the date the  clerk mailed
the notice of claim for abatement and shall  pay  to the clerk
a fee of one dollar ($1.00). The clerk shall mail  a copy of
the  objection  to the noncustodial  parent  at  the address
provided  to  the clerk by that  parent.  Claims  or objections
not timely filed or not accompanied by the requisite fee are
barred. The clerk shall notify the court  of  claims and
objections not barred and the court  shall  promptly resolve
the  differences, with or  without  a  hearing,  and enter an
appropriate order. 
     
     (d)(c)  When each parent  keeps the children overnight
for more than forty percent (40%) of the year and both
parents contribute substantially to the expenses of the
children in addition to the payment of child support, a
joint presumptive support obligation shall be determined by
use of the tables. After the joint presumptive child support
obligation is derived from column three of the tables, that
amount shall be divided between the parents in proportion to
the net income of each. The proportionate share of the total
obligation of each parent shall then be multiplied by the
percentage of time the children spend with the other parent
to determine the theoretical support obligation owed to the
other parent. The parent owing the greater amount of child
support shall pay the difference between the two (2) amounts
as the net child support obligation.
     
     (e)(d)  When  each  parent  has physical custody of at
least one (1) of the children, a joint presumptive support
obligation for all of the children shall be determined by
use of the tables. The joint presumptive support amount
shall be divided by the number of children to determine the
presumptive support obligation for each child, which amount
shall then be allocated to each parent based upon the number
of those children in the physical custody of that parent.
That sum shall be multiplied by the percentage that the
other parent's net income bears to the total net income of
both parents. The obligations so determined shall then be
offset, with the parent owing the larger amount paying the
difference between the two (2) amounts to the other parent
as a net child support obligation.

     20-6-305 20-2-306.  Revision of presumptive child
support.
     
On or before December 1, 1996, and at least once every four
(4) years thereafter, the department of family services
shall review the presumptive child support established under
this article to ensure that application results in the
determination of appropriate child support award amounts and
shall submit a report to the legislature joint labor, health
and  social  services  interim  committee  and  shall recommend
any proposed changes.

     20-6-302 20-2-307.  Presumptive child support to be
followed; deviations by court.
     
     (a) The presumptive child support established by W.S.
20-6-304 20-2-304 shall be rebuttably presumed to be the
correct amount of child support to be awarded in any
proceeding to establish or modify temporary or permanent
child support amounts. Every order or decree providing for
the support of a child shall set forth the presumptive child
support amount and shall state whether the order or decree
departs from that amount.
     
     (b)  A court may deviate from the presumptive child
support established by W.S. 20-6-304 20-2-304 upon a
specific finding that the application of the presumptive
child support would be unjust or inappropriate in that
particular case.  In any case where the court has deviated
from the presumptive child support, the reasons therefor
shall be specifically set forth fully in the order or
decree.  In determining whether to deviate from the
presumptive child support established by W.S. 20-6-304
20-2-304,  the  court shall  consider  the  following factors:

          (i)  The age of the child;

          (ii)  The cost of necessary child day care;

          (iii)  Any special health care and educational
needs of the child;

          (iv)  The responsibility of either parent for the
support of other children, whether court ordered or
otherwise;

          (v)  The value of services contributed by either
parent;

          (vi)  Any expenses reasonably related to the
mother's pregnancy and confinement for that child, if the
parents were never married or if the parents were divorced
prior to the birth of the child;

          (vii)  The cost of transportation of the child to
and from visitation;

(viii)  The ability of either or both parents to
furnish     health,    dental    and    vision     insurance
through
employment benefits;

          (ix)  The amount of time the child spends with
each parent;

          (x)  Any other necessary expenses for the benefit
of the child;

          (xi)  Whether either parent is voluntarily
unemployed or underemployed. In such case the child support
shall be computed based upon the potential earning capacity
(imputed income) of the unemployed or underemployed parent.
In making that determination the court shall consider:

               (A)  Prior employment experience and history;

               (B)  Educational level and whether additional
education would make the parent more self-sufficient or
significantly increase the parent's income;

               (C)  The presence of children of the marriage
in the parent's home and its impact on the earnings of that
parent;

               (D)  Availability of employment for which the
parent is qualified;

               (E)  Prevailing wage rates in the local area;

               (F)  Special skills or training; and

               (G)  Whether the parent is realistically able
to earn imputed income.

          (xii)  Whether or not either parent has violated
any provision of the divorce decree, including visitation
provisions, if deemed relevant by the court; and

          (xiii)  Other factors deemed relevant by the
court.
     
     (c)  If the parties fail to agree that the presumptive
child  support amount under W.S. 20-2-304 is appropriate, the
court  may  order the party seeking to deviate  from  the
presumptive  child  support  amount  to  pay   reasonable attorney
fees  and  court costs to the other party  unless,  after
hearing   the  evidence  and  considering   the   factors contained
in  subsection  (b) of this section, the  court  deviates from
the presumptive support amount.
     
     (c)(d)   Agreements   regarding child support may be
submitted to the court. All such agreements shall be
accompanied by a financial affidavit on a form approved by 
the Wyoming supreme court which fully discloses  the
financial  status  of the  parties  as  required  to determine
presumed child support.   No order or decree establishing or
modifying a child support obligation shall be entered unless
affidavits have been filed with the court as required by
W.S.  20-2-308.   The court shall use the presumed child
support amounts to review the adequacy of child support
agreements negotiated by the parties.  If the agreed amount
departs from the presumed child support, the parties shall
furnish statements of explanation which shall be included
with the forms and shall be filed with the court.  The court
shall review the agreement and inform the parties whether or
not additional or corrected information is needed, or that
the agreement is approved or disapproved.  No agreement
which is less than the presumed child support amount shall
be approved if means tested sources of income such as aid
under the personal opportunities with employment
responsibilities (POWER) program, health care benefits under
Title XIX of the Social Security Act, food stamps,
supplemental security income (SSI) or other similar benefits
are being paid on behalf of any of the children.
     
     (d)  When a child support order is  entered or modified,
the parties may agree, or the court may require the parties
to exchange financial information pursuant to subsection (e)
of  this  section and other appropriate  information once a
year or less often, by regular mail, for the purpose of
updating  and modifying the order  without  a  court hearing.
The  parties  shall  use the  approved  standardized presumptive
child support forms approved by the Wyoming  supreme court in
exchanging   financial   information.    The   forms shall be
included with any agreed modification or an agreement that a
modification is not appropriate  at  the  time.  The court shall
review the agreement according to the procedures  in
subsection  (c)  of this section.   If  the  parties cannot agree
or the court refuses to approve the agreement either party
may move for, or the court may schedule upon its own motion,
a modification hearing.
     
     (e)  Financial affidavits of the parties  shall be
supported  with documentation of  both  current  and past
earnings. Suitable documentation of current earnings
includes but is not limited to pay  stubs,  employer
statements, or receipts and expenses if self-employed.
Documentation of current earnings shall be supplemented with
copies  of  the most recent tax  return  to  provide verification
of earnings over a longer period.

     20-6-306 20-2-311.   Adjustment of child support orders.
     
     (a)  Any party, or the department of family services
in the case of child support orders being  enforced  by  the child
support enforcement section department, may petition for a
review and adjustment of any child support order that was
entered more than six (6) months prior to the petition or
which has not been adjusted within six (6) months from the
date of filing of the petition for review and adjustment.
The petition shall allege that, in applying the presumptive
child support established by this article, the support
amount will change by twenty percent (20%) or more per month
from the amount of the existing order.  The court shall
require the parents to complete a verified financial
statement on forms approved by the Wyoming supreme court,
and shall apply the presumptive child support set out in
this article in conducting the review and adjustment. If,
upon applying the presumptive child support to the
circumstances of the parents or child at the time of the
review,  the  court  finds  that the  support  amount  would change
by twenty percent (20%) or more per month from the amount of
the existing order, the court shall consider there to be a
change of circumstances sufficient to justify the
modification of the support order.  The provisions of this
section do not preclude a party or assignee from bringing an
action for modification of a support order, based upon a
substantial  change of circumstances, at any time.  Every
three (3) years, upon the request of either parent or, if
there  is  a  current assignment  of  support  rights  in effect,
upon  the  request  of the department,  the  court,  with respect
to a support order being enforced under this article  and
taking  into  account  the best interests  of  the  child
involved,  shall review and, if appropriate,  adjust  the order
in accordance with the guidelines established pursuant to
this  article. Any adjustment under the  three  (3)  year cycle
shall  be made without a requirement for a showing  of  a
change  in  circumstances. The  commencement  of  aid under the
personal opportunities with employment responsibilities
(POWER) program, medical benefits under Title XIX of the
Social Security Act, food stamps and supplemental security
income (SSI) shall be considered a substantial change of
circumstances requiring modification of child support.
     
     (b)  For child support orders being enforced by the
child support enforcement section, the department of family
services shall promulgate reasonable rules and regulations
providing  procedures  for  periodic  administrative review of
support orders and presumptive child support.

     (c)(b)  Notwithstanding any other provision of law, if
the parties fail to agree that the presumptive child support
amount under W.S. 20-6-304 20-2-304 is appropriate, the
court  shall  may  order  the  party seeking to deviate from the
presumptive child support amount to pay a reasonable
attorney fee and court costs to the other party unless,
after hearing the evidence and considering the factors
contained in W.S. 20-6-302(b) 20-2-307(b), the court
deviates from the presumptive support amount.

     (d)(c)   In addition to the petition authorized under
subsection (a) of this section, the court on its own motion,
or the department without petitioning the court, may
increase monthly child support payments to include amounts
for arrearages or may decrease the monthly child support
payment in cases of emergencies or if the arrearages are
paid. Any action by the department to increase monthly child
support payments under this subsection shall allow the
obligor a reasonable opportunity to contest the action in
accordance with the Wyoming Administrative Procedure Act and
rules and regulations adopted by the department.

     (d)   An  order for child support is not subject  to
retroactive modification except:
     
          (i)  Upon agreement of the parties; or
     
          (ii)  The order may be modified with respect to
any  period  during which a petition for modification  is
pending,  but only from the date notice of that  petition was
served upon the obligee as provided by  the Wyoming Rules of
Civil  Procedure, if the obligor or the department is the
petitioner,  or  to the obligor, if the  obligee  or  the
department is the petitioner.

     20-2-115 20-2-314.   Court may appoint trustees to
manage amount set aside for children.
     
Upon  every divorce when provision is made for the children
application by any party, the court may order any amount set
apart for them the children to be paid to a trustee or
trustees appointed by the court, upon trust to invest the
same and to apply the income thereof to the support of the
children  in  such  manner  as the  court  directs.  This section 
does  not apply to periodic payments designated as  child
support by a court order.
     
     20-2-118 20-2-315.   Court  may require security for
child support payments.
     
     (a)  Upon the issuance of any order or entering of a
decree under this chapter which provides for child support
payments, or any time thereafter following notice and
opportunity for hearing, the court may, for good cause
shown, require the obligor to provide security of nonexempt
property that the court deems satisfactory to secure payment
of child support.

     (b)  The court, upon petition and following notice and
hearing, shall no longer require the order for security if
the court determines:

          (i)  Good cause no longer exists to require
security to assure payment upon the obligation to pay child
support; and

          (ii)  There is no overdue support outstanding.
          
     (c)    Once the obligor has satisfied the child support
obligation to make child support payments as ordered by the
court has terminated and arrearages satisfied, the security
shall be released.
     
     Section 3.  W.S. 14-3-435, 14-6-236, 14-6-435, 20-2-101
by creating a new subsection (g), 20-2-102, 20-2-103,
20-2-105(d), 20-2-106(c), 20-2-107(b), 20-2-108, 20-2-110,
20-2-112(b), 20-2-114 and 20-2-116 are amended to read:
     
     14-3-435.  Ordering payment for support and treatment
of child; how paid; enforcement.
     
     (a)  When legal custody of a child, other than
temporary guardianship, is vested by court order in an
individual, agency, institution or organization other than
the child's parents, the court shall in the same or any
subsequent proceeding inquire into the financial condition
of the child's parents or any other person who may be
legally obligated to support the child. After due notice and
hearing the court shall order the parents or any other
legally obligated person to pay a reasonable sum for the
support and treatment of the child during the time that a
dispositional order is in force. The requirements of W.S.
20-2-101 through 20-2-402 apply to this section.  The amount
of support shall be determined in accordance with the
presumptive child support established by W.S. 20-6-304
20-2-304.  In any case where the court  has  deviated from the
presumptive child support, the reasons therefor shall be
specifically set forth in the order.  The amount ordered to
be paid shall be paid to the clerk of the juvenile court for
transmission to the person, institution or agency having
legal custody of the child or to whom compensation is due.
The clerk of court is authorized to receive periodic
payments payable in the name or for the benefit of the
child, including but not limited to social security,
veteran's administration benefits or insurance annuities,
and apply the payments as the court directs. An order for
support under this subsection shall include a statement of
the addresses and social security numbers if known, of each
obligor, the names and addresses of each obligor's employer
and the names and birth dates of each child to whom the
order relates. The court shall order each obligor to notify
the clerk of court in writing within fifteen (15) days of
any change in address or employment. If any person who is
legally obligated to support the child does not have full
time employment, the court may require that person to seek
full time employment and may require community service work
in lieu of payment until full time employment is obtained.
     
     (b)  An order for the payment of money entered against
a parent or other person legally obligated to support a
child  under  the  provisions of W.S. 14-3-434,  20-2-101
through  20-2-402 or this section  shall  be  entered separately
from the decree of disposition under W.S. 14-3-429 and shall
not be treated as a part of the confidential court record
under W.S. 14-3-437. The order may be filed in the district
court of any county in the state. From the time of filing,
the order shall have the same effect as a judgment or decree
of the district court in a civil action and may be enforced
by the district attorney in any manner provided by law for
enforcement of a civil judgment for money.  The order may
also be enforced by contempt proceedings.
     
     14-6-236.  Ordering payment for support and treatment
of child; how paid; enforcement.
     
     (a)  When legal custody of a child, other than
temporary guardianship, is vested by court order in an
individual, agency, institution or organization other than
the child's parents, the court shall in the same or any
subsequent proceeding inquire into the financial condition
of the child's parents or any other person who may be
legally obligated to support the child. After due notice and
hearing the court shall order the parents or any other
legally obligated person to pay a reasonable sum for the
support and treatment of the child during the time that a
dispositional order is in force. The requirements of W.S.
20-2-101 through 20-2-402 apply to this section.  The amount
of support shall be determined in accordance with the
presumptive child support established by W.S. 20-6-304
20-2-304.  In any case where the court  has  deviated from the
presumptive child support, the reasons therefor shall be
specifically set forth in the order.  The amount ordered to
be paid shall be paid to the clerk of the juvenile court for
transmission to the person, institution or agency having
legal custody of the child or to whom compensation is due.
The clerk of court is authorized to receive periodic
payments payable in the name or for the benefit of the
child, including but not limited to social security,
veteran's administration benefits or insurance annuities,
and apply the payments as the court directs. An order for
support under this subsection shall include a statement of
the addresses and social security numbers if known, of each
obligor, the names and addresses of each obligor's employer
and the names and birthdates of each child to whom the order
relates. The court shall order each obligor to notify the
clerk of court in writing within fifteen (15) days of any
change in address or employment. If any person who is
legally obligated to support the child does not have full
time employment, the court may require that person to seek
full time employment and may require community service work
in lieu of payment until full time employment is obtained.
     
     (b)  An order for the payment of money entered against
a parent or other person legally obligated to support a
child  under  the  provisions of W.S. 14-6-235,  20-2-101
through  20-2-402 or this section  shall  be  entered separately
from the decree of disposition under W.S. 14-6-229 and shall
not be treated as a part of the confidential court record
under W.S. 14-6-239. The order may be filed in the district
court of any county in the state. From the time of filing,
the order shall have the same effect as a judgment or decree
of the district court in a civil action and may be enforced
by the district attorney in any manner provided by law for
enforcement of a civil judgment for money.  The order may
also be enforced by contempt proceedings.
     
     14-6-435.  Ordering payment for support and treatment
of child; how paid; enforcement.
     
     (a)  When legal custody of a child, other than
temporary guardianship, is vested by court order in an
individual, agency, institution or organization other than
the child's parents, the court shall in the same or any
subsequent proceeding inquire into the financial condition
of the child's parents or any other person who may be
legally obligated to support the child. After due notice and
hearing the court shall order the parents or any other
legally obligated person to pay a reasonable sum for the
support and treatment of the child during the time that a
dispositional order is in force. The requirements of W.S.
20-2-101 through 20-2-402 apply to this section.  The amount
of support shall be determined in accordance with the
presumptive child support established by W.S. 20-6-304
20-2-304.  In any case where the court  has  deviated from the
presumptive child support, the reasons therefor shall be
specifically set forth in the order.  The amount ordered to
be paid shall be paid to the clerk of the juvenile court for
transmission to the person, institution or agency having
legal custody of the child or to whom compensation is due.
The clerk of court is authorized to receive periodic
payments payable in the name or for the benefit of the
child, including but not limited to social security,
veteran's administration benefits or insurance annuities,
and apply the payments as the court directs. An order for
support under this subsection shall include a statement of
the addresses and social security numbers if known, of each
obligor, the names and addresses of each obligor's employer
and the names and birth dates of each child to whom the
order relates. The court shall order each obligor to notify
the clerk of court in writing within fifteen (15) days of
any change in address or employment. If any person who is
legally obligated to support the child does not have full
time employment, the court may require that person to seek
full time employment and may require community service work
in lieu of payment until full time employment is obtained.
     
     (b)  An order for the payment of money entered against
a parent or other person legally obligated to support a
child  under  the  provisions of W.S. 14-6-434,  20-2-101
through  20-2-402 or this section  shall  be  entered separately
from the decree of disposition under W.S. 14-6-429 and shall
not be treated as a part of the confidential court record
under W.S. 14-6-437. The order may be filed in the district
court of any county in the state. From the time of filing,
the order shall have the same effect as a judgment or decree
of the district court in a civil action and may be enforced
by the district attorney in any manner provided by law for
enforcement of a civil judgment for money.  The order may
also be enforced by contempt proceedings.
     
     20-2-101.  Void and voidable marriages defined;
annulments.
     
     (g)  All decrees of annulment may include provisions
for the custody and support of children pursuant to  this
article,  W.S.  20-2-201 through  20-2-204  and  20-2-301 through
20-2-315  and  for the division of property  pursuant  to W.S.
20-2-131.
     
     20-2-102.  Petition by spouse for support.
     
When the husband and wife are living separately, or when
they are living together but the husband one (1) spouse does
not support the wife other spouse or children within his
means, and no proceeding for divorce is pending, the wife in 
behalf of herself or minor children other spouse or the
department of family services may institute a proceeding for
support. Upon No less than five (5) days afternotice to is
personally served upon the husband nonsupporting spouse, if
he can be served personally with notice in the state, the
judge court may hear the petition and grant such order
concerning the support of the wife spouse or children as he
it  might  grant were it based on  a  proceeding  for divorce. If
the husband nonsupporting spouse cannot be personally served
within this state but has property within the jurisdiction
of the court, or debts owing to him, the court may order
such constructive service as appears sufficient and proper
and may cause an attachment of the property. Upon completion
of constructive service the court may grant relief as if
personal service was had.

     20-2-103.  Petition to affirm marriage.
     
When the validity of any marriage is denied by either party,
the  other  party may file a petition for affirming to affirm
the marriage. Upon due proof of the validity thereof, it
shall be declared valid by a decree of the court which is
conclusive upon all persons concerned.

     20-2-105.  Divorce action for insanity; when permitted;
conditions to bringing action; liability for support.
     
     (d)  In any action brought under this section, the
district courts possess all the powers relative to the
payment of alimony, the distribution of property and the
care, and custody and maintenance of the children of the
parties as in other actions for divorce.
     
     20-2-106.  Judicial separation; procedure; powers of
court; defenses.
     
     (c)  The procedure for judicial separation is the same
as  though  petitioner  were  seeking  a  decree  of divorce. The
court may make such orders and decrees as appear just,
including custody of the children, provision for support,
disposition of the properties of the parties, alimony,
restraint of the husband one (1) or both spouses during
litigation and restraint of disposition of property. The
court  may  impose  a time limitation on the  decree order or
render a perpetual separation. The parties may at any time
move  the  court  to  be discharged from the  decree order.
     
     20-2-107.  Residential requirements generally for
plaintiffs.
     
     (b)  A married woman person who at the time of filing a
complaint for divorce resides in this state is a resident
although her husband his spouse may reside elsewhere.
     
     20-2-108.  Action conducted as civil action.
     
Actions to annul or affirm a marriage, or for a divorce, or
to establish any order regarding the maintenance or custody
of children shall be conducted in the same manner  as civil
actions, and the court may decree costs and enforce its
decree as in other cases, except a divorce decree shall not
be entered less than twenty (20) days from the date the
complaint is filed.

     20-2-110.  Restraint during litigation.
     
After the filing of a complaint for divorce or to annul a
marriage, on the petition of either party the court may
prohibit the other party from imposing any restraint upon
his the petitioner's personal liberty during the pendency of
the action.

     20-2-112.  Examination concerning property interests;
enforcement of court orders; temporary custody of children.
     
     (b)  On the application of either party, the court may
make such order concerning the care and custody of the minor
children of the parties and their suitable maintenance
during the pendency of the action as is proper and necessary
and may enforce its order and decree in the manner provided
in subsection (a) of this section.  The party applying for
the order shall notify the court of any known protection or
custody orders issued on behalf of the parties from any
other court.  The court shall consider evidence of spouse
abuse or child abuse as being contrary to the best interest
of  the child children. If the court finds that family
violence has occurred, the court shall make arrangements for
visitation during temporary custody that best protect the
child children and the abused spouse from further harm.
     
     20-2-114.  Disposition of property to be equitable;
factors; alimony generally.
     
In granting a divorce, the court shall make such disposition
of the property of the parties as appears just and
equitable, having regard for the respective merits of the
parties and the condition in which they will be left by the
divorce, the party through whom the property was acquired
and the burdens imposed upon the property for the benefit of
either party and children. The court may decree to either
party reasonable alimony out of the estate of the other
having  regard for the other's ability to pay and  may order
so much of the other's real estate or the rents and profits
thereof as is necessary be assigned and set out to either
party for life, or may decree a specific sum be paid by
either party.

     20-2-116.  Revision of alimony and other allowances.
     
After a decree for alimony or other allowance for a party or
children and after a decree for the appointment of trustees
to receive and hold any property for the use of a party or
children pursuant to W.S. 20-2-314, the court may from time
to time, on the petition of either of the parties, revise
and alter the decree respecting the amount of the alimony or
allowance or the payment thereof and respecting the
appropriation and payment of the principal and income of the
property so held in trust and may make any decree respecting
any of the matters which the court might have made in the
original action.

     Section 4.  W.S. 20-2-117 is amended and renumbered as
20-1-113 to read:
     
     20-2-117 20-1-113.   Legitimacy of children presumed.
     
A  dissolution of a marriage shall  not  affect  the legitimacy
of the issue of the marriage.  In every case The legitimacy
of all children conceived or born before  the commencement of 
the action during the marriage is rebuttablypresumed until
the contrary is shown pursuant to W.S. 14-2-102(a).

     Section 5.  W.S. 20-6-401 and 20-6-402 are renumbered
as 20-2-401 and 20-2-402.
               
     Section 6.  W.S. 20-2-113 is repealed.
          
     Section 7.  If 2000 House Bill 0028 is enacted into
law, the legislative service office is authorized to conform
statutory citations in House Bill 0028 that may need to
change as a result of renumbering that occurs if this act is
enacted into law.
          
     Section 8.  This act is effective July 1, 2000.
     
                            (END)
                              
                              
                              
                              

Speaker of the House               President of the Senate


                Governor

                TIME APPROVED: _________
                DATE APPROVED: _________

I hereby certify that this act originated in the House.


Chief Clerk