Stacy R. Dellit v. Joshua M. Tracy

Summary

The Wyoming Supreme Court reviewed a district court order reducing Joshua Tracy’s presumptive child support obligation from $1,040.26 to $600 per month. The court held that the district court acted within its discretion by considering the near-shared custody arrangement, daycare expenses, uncovered medical costs, and other child-related expenses, and affirmed the order.

Holdings

1. A district court may consider the amount of time the children spend with each parent under Wyo. Stat. Ann. § 20-2-307(b)(ix) and may deviate downward even when the parent does not meet the 40-percent overnight threshold for the statutory shared-custody calculation.
2. Wyo. Stat. Ann. § 20-2-307(d) prohibits approval of a parties' agreement for support below the presumptive amount when specified means-tested benefits are being paid for a child, but it does not bar a court from ordering a downward deviation after making the findings required by § 20-2-307(b).
3. The district court did not abuse its discretion by reducing Father's presumptive child-support obligation from $1,040.26 to $600 per month.

Questions Presented

1. Whether the district court abused its discretion by deviating downward from Father's presumptive child support obligation based on the amount of parenting time, child-care expenses, and other expenses benefiting the children.
2. Whether Wyo. Stat. Ann. § 20-2-307(d) barred a court-ordered downward deviation because the children received Title XIX benefits.
3. Whether considering Father's substantial but less-than-40-percent parenting time improperly circumvented the shared-custody calculation under Wyo. Stat. Ann. § 20-2-304(c).

Disposition

affirmed