| What If I Need To Change My Child Support? |
by: Wyoming Legal Services - Casper Office
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| Q. | Can I change the amount of child support I am paying or getting? |
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| A. | Yes, the amount you are getting or paying can change if your income changes.
This can also happen if your ex's income changes.
The amount you pay or get can also change if your expenses or your ex's expenses change. |
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| Q. | Will the court change my child support just because I ask?
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| A. | No. In order to get your amounts changed you must show the court certain things. |
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| Q. | What do I have to show the court? |
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| A. | You must show the court that you have had a "change in circumstances." In order to do this you must show the judge that:
- the amount of money you are making has changed, or
- the amount it costs you to live has gone up (your expenses have changed), or
- the amount of money your ex is making has changed
- the amount it costs your ex to live has changed
Your case will be strongest if these changes mean that your child support will go up or down by at least 20%. |
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| Q. | Can I ask the court to change my child support anytime I want? |
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| A. | No. Under the law you can ask the court to change your child support if:
- your circumstances have changed
- once every 3 years you can ask the court to change your support even if you can't show that your circumstances have changed.
- the court may make you wait 6 month between requests.
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| Q. | How does the court know how much I should pay?
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| A. | A: The court uses rules in WS 20-2-304 to decide how much you should pay. To read this law click here, scroll to Wyoming Statutes and then scroll down to WS 20-2-304.
The Wyoming law that talks about changing child support is in WS 20-2-311. To read this law click here, scroll to Wyoming Statutes and then scroll down to WS 20-2-311. |
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| Q. | What if I start getting food stamps? What if I get a new job that makes tips? Will these things change my child support? |
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| A. | If you receive aid under the POWER program, SSI, or food stamps, this money will count for child support purposes.
Tips count as income for child support purposes. This means that your tips will be counted in deciding how much child support you should pay or get. |
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| Q. | If my ex and I agree to change the support and he/she doesn't do it, can I go to court later to make them do it? |
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| A. | Yes, if you can show that you and your ex really made this agreement.
- The best thing to do is to get this agreement in writing.
- Make sure both you and your spouse sign it.
- You should find a notary public and have the agreement notarized. You can find a notary at most banks.
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| Q. | What if I owe back child support? Can the court increase my payments? |
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| A. | Yes. If you owe back child support (also called "arrears") your payments can be increased.
Child Support Enforcement can do this even if your ex has not asked them to.
They can do this just because they want to. |
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| Q. | Do I have to file papers with the court to get my child support changed? |
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| A. | Yes. You must file these papers with the court:
- A petition with the court asking to change your child support.
- A financial statement that tells the court how the financial life of you and your ex has changed.
Before filing these papers, check with the clerk of court to make sure you have the right forms.
The rules may be different in some Wyoming Counties. Check with the clerk to see if you need to file anything else. |
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| Q. | Is there a way to guess how much my new child support might be? |
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| A. | Yes. Click here to use the child support calculator. |
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