Wyoming Child Support Laws

Wyoming Child Support Laws

Wyoming child support laws under Title 20, Chapter 2 require courts to enter orders for the maintenance of children in actions for paternity, support, and any other proceeding involving child support. The state uses the Income Shares Model with elements of the Melson Formula to ensure children receive appropriate financial support.

Last verified: February 2026

Quick Summary: Wyoming Child Support

  • Model Used: Income Shares Model (with Melson Formula elements)
  • Governing Law: Wyoming Statutes 20-2-301 through 20-2-315
  • Age of Termination: 18 (or 20 if still in high school)
  • Self-Support Reserve: Based on federal poverty level ($1,255/month for 2024)
  • Agency: Wyoming Child Support Program (WCSP)
Table of Contents

How to Apply for Child Support in Wyoming

The Wyoming Child Support Program (WCSP) provides comprehensive services to parents including:

  • Non-custodial parent location
  • Genetic testing
  • Paternity establishment
  • Child support enforcement
  • Reviewing and modifying child support orders

The state operates under the presumption that a child should receive the same level of support they would receive if the parents never separated, unless parents agree to a different amount approved by the court.

To apply for services:

What to remember:

  • Parents receiving public assistance or TANF benefits do not pay any fees
  • You must establish paternity before receiving a support order if the child’s parentage is in question
  • The WCSP may order the non-custodial parent to pay for or reimburse paternity services
  • For more information, review the WCSP booklet

How Is Paternity Established in Wyoming?

Under Wyoming law, if a mother is married at the time of conception or birth, the husband is the legal father unless he signs an affidavit disputing paternity or a genetic test proves otherwise.

Article 4 (General Provisions 14-2-401) defines three main ways to establish paternity:

  1. Acknowledged Father: Signing the Voluntary Acknowledgment of Paternity (VAP) form at the hospital creates a legal parent-child relationship
  2. Adjudicated Father: A court adjudicates a man to be the father following a petition by either parent for genetic testing
  3. Alleged Father (Marital Presumption): The law presumes a child born to a married mother is the husband’s child

What to remember:

  • A child born to an unwed couple does not have a legal father until paternity is established
  • Paternity may be established if the father lives with the child for the first two years and openly claims to be the father
  • A VAP form has the same legal effect as a court order, creating child support obligations
  • You have 60 days to rescind a VAP form if you signed due to a material mistake of fact, duress, or fraud
  • After paternity establishment, the father may petition for shared custody

How Is Child Support Determined in Wyoming?

Wyoming’s child support guidelines use the Income Shares Model with elements of the Melson Formula. Under Wyo. Stat. 20-2-307(a), the presumptive child support amount calculated under the guidelines is presumed correct unless evidence shows it would be unjust or inappropriate.

The calculation considers:

  • Both parents’ net incomes
  • Number of children
  • Health insurance costs
  • Childcare expenses
  • Parenting time arrangement

How the Calculation Works

The court follows these steps:

  1. Determine each parent’s gross income from all sources (wages, tips, commissions, self-employment income, retirement pay, workers’ compensation, disability benefits, unemployment compensation)
  2. Calculate net income by subtracting:
    • Federal and state income taxes, Social Security, and Medicare taxes
    • Premiums for children’s health insurance
    • Mandatory retirement or pension contributions
    • Current payments for other children under pre-existing orders
    • Legitimate, reasonable business expenses (if self-employed)
  3. Combine both parents’ net incomes
  4. Reference the state’s support table to determine the joint support obligation
  5. Calculate each parent’s share based on their percentage of combined income

Self-Support Reserve

Wyoming’s guidelines include a self-support reserve to ensure parents can cover their basic expenses after paying support. This amount is based on the federal poverty level for an individual, which was $15,060 per year ($1,255 per month) for 2024 under Wyo. Stat. 20-2-304(f).

Special Custody Arrangements

Shared Physical Custody: Applies when each parent has the children overnight for more than 25% of the year (at least 92 overnights) and both contribute substantially to expenses.

Split Custody: Applies when siblings are split between parents, with each parent having physical custody of at least one child.

Grounds for Deviation

Under Wyo. Stat. 20-2-307(b), judges may deviate from the guidelines based on:

  • The child’s age
  • Special health care or educational needs
  • Necessary expenses including daycare and transportation for visitation
  • Either parent’s ability to provide health insurance
  • Time the child spends with each parent
  • Either parent’s responsibility for supporting other children
  • Value of services contributed to raising the child
  • Pregnancy and childbirth expenses (if parents were never married)

How to Calculate Child Support in Wyoming

Wyoming provides official tools for calculating child support:

Important: Both parents’ net incomes are required for the calculator to work accurately. Calculator results are estimates only; the court makes the final determination.

What to remember:

  • Net income means gross income minus Social Security, healthcare costs, mandatory pension deductions, existing child support orders, and personal income taxes
  • Wyoming courts favor the Melson formula approach
  • If a parent is voluntarily unemployed or underemployed, the court may impute potential earning capacity

How to Modify Child Support in Wyoming

Parents may petition the court for a support order change when there has been a “material change in circumstances.”

Under Statute 20-2-311(a), if applying current guidelines would result in a 20% or greater change from the existing order amount, the court shall consider this sufficient grounds for modification.

Examples of material changes:

  • Significant increase or decrease in either parent’s income
  • Job loss or reduced work hours
  • Change in custody arrangement
  • Incarceration
  • Beginning to receive government assistance (food stamps, Kid Care, POWER, SSI)
  • Change in the child’s needs

Modification requirements:

  • The burden of proof is on the petitioning parent
  • A condition that existed when the order was created is not a material change
  • State law requires the WCSP to review and adjust orders every three years upon request
  • You may petition at any time if you experience a material change in circumstances

To request modification:

What Happens If You Do Not Pay Child Support in Wyoming?

Wyoming law requires all support orders to include income withholding, meaning employers collect child support directly from wages, salaries, and bonuses. If income withholding fails, the court or WCSP may use these enforcement tools:

  • License Suspension: Driver’s licenses, professional licenses, and recreational licenses may be suspended
  • Financial Institution Data Match: Automated enforcement to locate and seize assets
  • Passport Denial: Passports may be denied or revoked
  • Federal Tax Intercept: IRS may intercept federal tax refunds
  • State Tax Intercept: State and local tax returns may be intercepted
  • Credit Bureau Reporting: Delinquent support is reported to credit bureaus
  • Garnishment and Liens: Bank accounts may be garnished and liens placed on valuable assets

Criminal Non-Support vs. Contempt of Court

Criminal Non-Support: A misdemeanor in Wyoming punishable by up to 6 months in prison and/or a $750 fine.

Contempt of Court: If the non-custodial parent refuses to pay, the custodial parent may petition the court to hold them in contempt. The judge will summon the payor for a “show cause” hearing where they must explain their failure. Possible outcomes include:

  • Community service
  • Establishment of a payment plan
  • Modification recommendations
  • Imprisonment (in serious cases)

What to remember:

  • To avoid jail, a judge may order the parent to pay a portion of owed arrears
  • Serious cases may be referred for federal prosecution under the Deadbeat Parents program if the parent owes more than $5,000 or has not paid for more than one year

When Does Child Support End in Wyoming?

Under Wyo. Stat. 14-1-101 and 20-2-313, the obligation to pay child support ends when the child:

  • Reaches age 18 (the age of majority)
  • Is otherwise emancipated
  • Is a full-time high school student and younger than 20
  • Gets married (or parents remarry each other)
  • Dies

Support may continue for children unable to support themselves due to physical or mental disability.

Parents may agree to continue support beyond high school (such as for college expenses). Such agreements should be in writing, signed by both parties, and submitted to the court for inclusion in an official order.

Emancipation in Wyoming

Wyoming permits minors to petition for emancipation. Emancipation grants minors the rights of an adult, allowing them to:

  • Lease property
  • Move out at age 17
  • Make legal decisions independently

Emancipation may also be achieved by joining the U.S. military.

Frequently Asked Questions

What model does Wyoming use for child support?

Wyoming uses the Income Shares Model with elements of the Melson Formula. This approach considers both parents’ incomes, the number of children, and various expenses to determine appropriate support amounts.

Is overtime included in child support calculations?

Overtime is generally not included in gross income unless it is expected to continue on a consistent basis.

What is the self-support reserve?

The self-support reserve ensures that after paying child support, a parent retains enough income to cover basic living expenses. It is based on the federal poverty level for an individual (approximately $1,255 per month for 2024).

Can parents agree on a different child support amount?

Yes, parents may agree on a support amount, but they must submit their agreement to the court along with financial affidavits. The judge will review whether a deviation from the guidelines is appropriate. Parents may not agree that neither will pay support.

How often can I request a child support review?

You may request a review every six months if you believe the presumptive amount would change by 20% or more. The WCSP will review and adjust orders every three years upon request. You may petition at any time if you experience a substantial change in circumstances.

What happens if I cannot afford an attorney?

The Wyoming Child Support Program provides assistance with many child support matters. For complex legal issues, you may qualify for legal aid services or can consult with a family law attorney for initial guidance.

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