VERIFIED PETITION TO MODIFY CHILD SUPPORT
(With Request for Income Withholding Order)
State of Wyoming – District Court, ___ Judicial District, County of ___
TABLE OF CONTENTS
[// GUIDANCE: Delete the Table of Contents prior to filing if not permitted by local rules.]
- Document Header & Caption
- Definitions
- Operative Allegations
- Representations & Warranties
- Covenants & Continuing Duties
- Default & Remedies
- Risk Allocation & Enforcement Mechanisms
- Dispute Resolution & Jurisdiction
- General Provisions
- Prayer for Relief
- Verification
- Certificate of Service
1. DOCUMENT HEADER & CAPTION
IN THE DISTRICT COURT OF THE STATE OF WYOMING
___ JUDICIAL DISTRICT
COUNTY OF ___
In re: The Child Support of )
)
[MINOR CHILD(REN) INITIALS] )
)
[PETITIONER FULL LEGAL NAME], ) Docket No. ____
Petitioner, )
v. )
[RESPONDENT FULL LEGAL NAME], )
Respondent. )
VERIFIED PETITION TO MODIFY CHILD SUPPORT
(“Petition”)
1.1 Effective Filing Date: ___ [DATE PETITION WILL BE FILED]
1.2 Governing Law: Wyoming family law, including Wyo. Stat. Ann. §§ 20-2-204, 20-2-311, and 20-2-305 (2023).
1.3 Forum Selection: This District Court retains continuing, exclusive jurisdiction over child-support matters between the Parties.
2. DEFINITIONS
For ease of reference, capitalized terms used in this Petition have the meanings set forth below.
a. “Current Order” means the child-support order entered on ___ [DATE] in Docket No. ___.
b. “Guidelines” means the presumptive Wyoming Child Support Guidelines codified at Wyo. Stat. Ann. § 20-2-204.
c. “Material Change” means a substantial and continuing change in circumstances, including but not limited to an income variance of twenty percent (20%) or greater for at least six (6) months, as contemplated by Wyo. Stat. Ann. § 20-2-311.
d. “Minor Child(ren)” means ___ [NAME(S)/DOB(S)].
e. “Parties” means Petitioner and Respondent collectively.
3. OPERATIVE ALLEGATIONS
3.1 Parties & Jurisdiction
3.1.1 Petitioner is an adult resident of ___ County, Wyoming.
3.1.2 Respondent is an adult resident of ___ County, Wyoming.
3.1.3 This Court issued the Current Order and therefore retains continuing, exclusive jurisdiction to modify child support pursuant to Wyo. Stat. Ann. § 20-2-311(a).
3.2 Existing Child-Support Obligation
3.2.1 Under the Current Order, Respondent/Petitioner (circle one) is obligated to pay $___ per ___ for the support of the Minor Child(ren).
3.3 Material Change in Circumstances
3.3.1 Since entry of the Current Order, the following Material Change(s) have occurred:
a. Income Adjustment: Petitioner’s monthly net income changed from $ to $.
b. Income Adjustment: Respondent’s monthly net income changed from $ to $.
c. Health-Care / Child-Care Costs: [Describe].
d. Parenting Time Adjustment: [Describe, if applicable].
3.3.2 The change(s) result in at least a twenty percent (20%) deviation from the amount ordered, satisfying Wyo. Stat. Ann. § 20-2-311(b) for mandatory review.
3.4 Updated Child-Support Calculation
3.4.1 An updated Confidential Financial Affidavit (attached as Exhibit A) and a Child-Support Computation Worksheet (attached as Exhibit B) are filed contemporaneously.
3.4.2 Under the Guidelines, the presumptive monthly support obligation is $___, effective the first day of the month following service of this Petition.
3.5 Wage Withholding Request
3.5.1 Pursuant to Wyo. Stat. Ann. § 20-2-305, Petitioner requests immediate income withholding from the paying Party’s employer, attached in proposed form as Exhibit C.
4. REPRESENTATIONS & WARRANTIES
4.1 Accuracy of Financial Information
The undersigned Petitioner represents and warrants, under penalty of perjury, that all financial disclosures provided herein and in all attached exhibits are true, accurate, and complete to the best of Petitioner’s knowledge and belief.
4.2 Compliance With Mandatory Disclosures
Petitioner further represents that all documents required by Rule ___ of the Wyoming Rules of Civil Procedure for divorce and family-law matters have been or will be exchanged within the applicable deadlines.
5. COVENANTS & CONTINUING DUTIES
5.1 Ongoing Duty to Supplement Financials
Each Party shall promptly supplement his or her financial disclosures upon any subsequent Material Change, but in no event later than thirty (30) days after such change occurs.
5.2 Good-Faith Cooperation
The Parties covenant to complete any further Guideline worksheets, medical-support orders, or employer-information disclosures reasonably necessary for the Court to enter a modified support order.
6. DEFAULT & REMEDIES
6.1 Failure to Disclose or Supplement
Should a Party fail to comply with Section 5, the Court may, after notice and hearing, impose any remedy authorized by Wyo. Stat. Ann. § 20-2-308, including but not limited to:
a. Adoption of the opposing Party’s proposed calculations;
b. Monetary sanctions;
c. Attorney’s fees and costs.
6.2 Non-Payment of Support
Upon a showing of arrears, Petitioner may seek statutory interest, contempt sanctions, or any other enforcement remedy authorized under Title 20, Chapter 2, Wyoming Statutes, including suspension of driver’s or professional licenses and intercept of tax refunds.
7. RISK ALLOCATION & ENFORCEMENT MECHANISMS
[// GUIDANCE: Indemnification is inapplicable in child-support matters; this section is limited to statutory enforcement tools.]
7.1 Income Withholding (Mandatory)
The modified support order shall include immediate wage withholding under Wyo. Stat. Ann. § 20-2-305.
7.2 Income Percentage Cap
Consistent with federal and state law, total withholding shall not exceed the applicable limits under 15 U.S.C. § 1673(b) (Consumer Credit Protection Act).
7.3 Continuation of Medical Support
Any existing order for medical insurance or cash medical support shall remain in full force and effect unless specifically modified herein.
8. DISPUTE RESOLUTION & JURISDICTION
8.1 Governing Law
Wyoming law governs all issues arising from this Petition.
8.2 Exclusive Forum
The District Court for ___ County, Wyoming, retains exclusive jurisdiction. Family-law matters are not subject to jury trial or private arbitration absent specific statutory authorization.
8.3 Continuing Jurisdiction
This Court shall retain jurisdiction to enforce and, when appropriate, further modify the support order pursuant to Wyo. Stat. Ann. § 20-2-311(f).
9. GENERAL PROVISIONS
9.1 Amendments & Waivers
Any substantive amendment to the requested relief must be made by written motion and approved by the Court.
9.2 Severability
If any portion of the modified support order is later held invalid, the remainder shall remain in full force and effect to the maximum extent permitted by law.
9.3 Integration
Upon entry, the modified order will supersede all inconsistent prior orders concerning child support.
9.4 Electronic Signatures
Consistent with Rule ___ of the Wyoming Rules of Civil Procedure and the Uniform Electronic Transactions Act, electronic signatures shall have the same force and effect as originals.
10. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
A. Find that a Material Change in circumstances has occurred;
B. Calculate and set child support in the presumptive amount of $___ per ___ effective ___ [DATE];
C. Enter an immediate Income Withholding Order directed to ___ [EMPLOYER] in the form attached as Exhibit C;
D. Order the exchange of updated financial information no later than every two (2) years or upon written request;
E. Award any past-due support, interest, and statutory penalties that may have accrued;
F. Grant such other and further relief as the Court deems just and proper.
11. VERIFICATION
I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I have read the foregoing Petition, know the contents thereof, and the statements contained therein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME], Petitioner
Date: _____
Subscribed and sworn before me this ___ day of _, 20__.
Notary Public
My Commission Expires: _______
12. CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Petition, together with all exhibits, was served on ___ [RESPONDENT / RESPONDENT’S COUNSEL] by ___ [describe method: personal service / certified mail / WY E-File & Serve] on this ___ day of ____, 20__.
[PETITIONER OR COUNSEL SIGNATURE]
EXHIBIT LIST
• Exhibit A – Confidential Financial Affidavit
• Exhibit B – Child-Support Computation Worksheet (WYCSG—2023)
• Exhibit C – Proposed Income Withholding Order
[// GUIDANCE: Use the latest Wyoming Supreme Court-approved forms for Exhibits A and B. Attach Exhibits at the time of filing; confirm local formatting requirements (e.g., paper size, margin, caption) for the specific district.]