Wyo. Stat. § 20-2-303

Definitions.

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(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;

          (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, supplemental
nutrition assistance program 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;

          (iii) "Net income" means income as defined in
paragraph (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. Payments towards
child support arrearage shall not be deducted to arrive at net
income;

          (iv)   Repealed by Laws 2019, ch. 186, § 2.

Notes of Decisions

Cited in 32 cases (14 in the last 5 years), 2001–2026 · leading case: Andrew P. Johnson v. Katie L. Johnson

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Andrew P. Johnson v. Katie L. Johnson (2020) wyo · cites it 10× “We agree, and conclude that the plain meaning of Wyo. Stat. Ann. § 20-2-303 (a)(ii) prohibits a court from considering overtime not worked in the preceding 24-month period when determining whether a party is voluntarily underemployed.”

Lemus v. Martinez (2019) wyo · cites it 9× “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,…”

James L. Hyatt v. Tara M. Hyatt (2023) wyo · cites it 10× ““The first step in calculating child support is to determine each parent’s monthly income and net monthly income” under Wyo. Stat. Ann. § 20-2-303 (a) (LexisNexis 2023).”

Ready v. Ready (2003) wyo · cites it 6× “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,…”

Watson v. Watson (2002) wyo · cites it 6× “Wyo. Stat. Ann. § 20-2-304 . Income is defined, in part, in Wyo.”

Robert Henry Bruce v. Aubrey Paige Bruce (2021) wyo · cites it 6× “We conclude the court properly excluded this benefit from Mother’s income calculations because it qualified as “means tested” income under Wyo. Stat. Ann. § 20-2-303 (LexisNexis 2019).”

Randall Thomas Bailey v. Sara Elizabeth Bailey (2024) wyo · cites it 4× “Wyo. Stat. Ann. § 20-2-307 (b)(xi) instructs the courts on factors to consider when imputing income: In such case the child support shall be computed based upon the potential earning capacity (imputed income) of the unemployed or underemployed parent.”

Pasenelli v. Pasenelli (2002) wyo · cites it 3× “Wyo. Stat. Ann. § 20-2-303 (LexisNexis 2001) (emphasis added).”

Cameron Kdell Bagley v. Angela S. Bagley (2013) wyo · cites it 3× “] Wyo. Stat. Ann. § 20-2-303 (a)(iii) (LexisNex-is 2018).”

Lauderman v. State, Department of Family Services Ex Rel. Jen (2010) wyo · cites it 8× “"Income" and "net income" are defined in Wyo. Stat. Ann. § 20-2-303 (a) as: (ii) "Income" means any form of payment or return in money or in kind to an individual, regardless of source.”

Sierra Jade Snowden v. Tony Tyrone Jaure (2021) wyo · cites it 4× “To determine each parent’s net monthly income, the court begins by using the statutory definitions in Wyo. Stat. Ann. § 20-2-303 (a)(ii) and (iii): (ii) “Income” means any form of payment or return in money or in kind to an individual, regardless of source.”

Ryan Amadio v. Tara Amadio (2025) wyo · cites it 4× “Wyo. Stat. Ann. § 20-2-303 (a)(ii) (2023) provides: “Income” means any form of payment or return in money or in kind to an individual, regardless of source.”

Show all 32 citing cases →

— Wyo. Stat. § 20-2-303(a) — 3 cases

James L. Hyatt v. Tara M. Hyatt (2023) wyo ““The first step in calculating child support is to determine each parent’s monthly income and net monthly income” under Wyo. Stat. Ann. § 20-2-303 (a) (LexisNexis 2023).”

Cameron Kdell Bagley v. Angela S. Bagley (2013) wyo “] Wyo. Stat. Ann. § 20-2-303 (a)(iii) (LexisNex-is 2018).”

Nichelle Ann Tucker n/k/a Nichelle Ann Joiner v. Lelon Thomas Tucker (2022) wyo

— Wyo. Stat. § 20-2-303(a)(ii) — 4 cases

Lemus v. Martinez (2019) wyo “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,…”

Robert Henry Bruce v. Aubrey Paige Bruce (2021) wyo “We conclude the court properly excluded this benefit from Mother’s income calculations because it qualified as “means tested” income under Wyo. Stat. Ann. § 20-2-303 (LexisNexis 2019).”

Root v. Root (2003) wyo

— Wyo. Stat. § 20-2-303(a)(iii) — 2 cases

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