Wyoming Statutes

Wyo. Stat. § 20-2-311 (2026)

Adjustment of child support orders.

✓ current as of May 2026
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(a) Any party, or the department of family services in the
case of child support orders being enforced by the department,
may petition for a review and adjustment of any child support
order that was entered more than six (6) months prior to the
petition or which has not been adjusted within six (6) months
from the date of filing of the petition for review and
adjustment. The petition shall allege that, in applying the
presumptive child support established by this article, the
support amount will change by twenty percent (20%) or more per
month from the amount of the existing order. The court shall
require the parents to complete a verified financial statement
on forms approved by the Wyoming supreme court, and shall apply
the presumptive child support set out in this article in
conducting the review and adjustment. If, upon applying the
presumptive child support to the circumstances of the parents or
child at the time of the review, the court finds that the
support amount would change by twenty percent (20%) or more per
month from the amount of the existing order, the court shall
consider there to be a change of circumstances sufficient to
justify the modification of the support order. The provisions
of this section do not preclude a party or assignee from
bringing an action for modification of a support order, based
upon a substantial change of circumstances, at any time. Every
three (3) years, upon the request of either parent or, if there
is a current assignment of support rights in effect, upon the
request of the department, the court, with respect to a support
order being enforced under this article and taking into account
the best interests of the child involved, shall review and, if
appropriate, adjust the order in accordance with the guidelines
established pursuant to this article. Any adjustment under the
three (3) year cycle shall be made without a requirement for a
showing of a change in circumstances. The commencement of aid
under the personal opportunities with employment
responsibilities (POWER) program, medical benefits under Title
XIX of the Social Security Act, supplemental nutrition
assistance program and supplemental security income (SSI) shall
be considered a substantial change of circumstances requiring
modification of child support.

     (b) Notwithstanding any other provision of law, if the
parties fail to agree that the presumptive child support amount
under W.S. 20-2-304 is appropriate, the court may order the
party seeking to deviate from the presumptive child support
amount to pay a reasonable attorney fee and court costs to the
other party unless, after hearing the evidence and considering
the factors contained in W.S. 20-2-307(b), the court deviates
from the presumptive support amount.

     (c) In addition to the petition authorized under
subsection (a) of this section, the court on its own motion, or
the department without petitioning the court, may increase
monthly child support payments to include amounts for arrearages
or may decrease the monthly child support payment in cases of
emergencies or if the arrearages are paid. Any action by the
department to increase monthly child support payments under this
subsection shall allow the obligor a reasonable opportunity to
contest the action in accordance with the Wyoming Administrative
Procedure Act and rules and regulations adopted by the
department.

     (d) An order for child support is not subject to
retroactive modification except:
             (i)    Upon agreement of the parties; or

          (ii) The order may be modified with respect to any
period during which a petition for modification is pending, but
only from the date notice of that petition was served upon the
obligee as provided by the Wyoming Rules of Civil Procedure, if
the obligor or the department is the petitioner, or to the
obligor, if the obligee or the department is the petitioner.
Notes of Decisions
Cited in 26 cases (7 in the last 5 years), 2002–2025 · leading case: Watson v. Watson, 2002 WY 180 (Wyo. 2002).
Watson v. Watson, 2002 WY 180 (Wyo. 2002). · cites it 8× “The district court held a hearing on January 31, 2001, and denied the father’s counterclaim because the twenty percent threshold of Wyo. Stat. Ann. § 20-2-311 (LexisNexis 2001) was not met.”
Meehan-Greer v. Greer, 415 P.3d 274 (Wyo. 2018). · cites it 4× “Child Support [¶ 34] Child support is subject to modification under Wyo. Stat. Ann. § 20-2-311 (a) (LexisNexis 2017).”
Tyler R. Kimzey v. Shelby K. Kimzey, 2020 WY 52 (Wyo. 2020). · cites it 3× “may petition for a review and adjustment of any child support order that was entered more than six (6) months prior to the petition or which has not been adjusted within six (6) months from the date of filing of the petition for review and adjustment. . . . The court shall…”
Pasenelli v. Pasenelli, 2002 WY 159 (Wyo. 2002). · cites it 5× “Therefore, we hold that the agreement did not prohibit, or in any other way inhibit, Mother’s statutory right to pursue a modification of child support under Wyo. Stat. Ann. § 20-2-311 (LexisNexis 2001).”
Brandon Lee Jensen v. Margaret E. Milatzo-Jensen, 2013 WY 27 (Wyo. 2013). · cites it 4× “” Wyo. Stat. Ann. § 20-2-311 (a) (LexisNexis 2011).”
Witowski v. Roosevelt, 2009 WY 5 (Wyo. 2009). · cites it 3× “The Virginia decree provided: It is further ADJUDGED, ORDERED, and DECREED that, pursuant to Virginia Code Section 20-79(c), all further matters pertaining to child custody, visitation and support are hereby transferred to the Juvenile and Domestic Relations District Court of…”
Kelsey N. Sears v. Timothy L. Sears, 2021 WY 20 (Wyo. 2021). · cites it 2× “She claims retroactive support is allowed under Wyo. Stat. Ann. § 20-2-311 (d)(ii) (LexisNexis 2019) and was appropriate because Father left her with $100, which is insufficient to support two children.”
Smith v. Smith, 2003 WY 87 (Wyo. 2003). · cites it 4× “Wyo. Stat. Ann. § 20-2-311 (a) (LexisNexis 2003) requires petitions for modification to allege that the support will change by twenty percent or more if the statutory guidelines are applied to the present income figures.”
Steele v. Steele, 2005 WY 33 (Wyo. 2005). · cites it 4× “Wyo. Stat. Ann. § 20-2-311 (LexisNexis 2003).”
Ready v. Ready, 2003 WY 121 (Wyo. 2003). · cites it 2× “[¶ 20] Father next claims error in the trial court's issuing its order prospectively only, even though the father had requested that any reduction in child support be made retroactive to the filing of his motion, as allowed by Wyo. Stat. Ann. § 20-2-311 (d)(ii). Again, this is a…”
Randall Thomas Bailey v. Sara Elizabeth Bailey, 2024 WY 65 (Wyo. 2024). · cites it 2× “Wyo. Stat. Ann. § 20-2-311 . [¶22] Mr. Bailey further asserts the district court applied the wrong child support formula.”
McCulloh v. Drake, 2005 WY 18 (Wyo. 2005). · cites it 3× “[¶ 20] The district court determined that because child support was not addressed at the 2000 custody modification proceeding, and because no significant changes in custody or income occurred from that proceeding until Mother’s petition to modify child support, the court would…”
— Wyo. Stat. § 20-2-311(2) — 1 case
Leseberg v. Taylor, 78 P.3d 201 (Wyo. 2003).
— Wyo. Stat. § 20-2-311(a) — 4 cases
Tyler R. Kimzey v. Shelby K. Kimzey, 2020 WY 52 (Wyo. 2020). “may petition for a review and adjustment of any child support order that was entered more than six (6) months prior to the petition or which has not been adjusted within six (6) months from the date of filing of the petition for review and adjustment. . . . The court shall…”
Meehan-Greer v. Greer, 415 P.3d 274 (Wyo. 2018). “Child Support [¶ 34] Child support is subject to modification under Wyo. Stat. Ann. § 20-2-311 (a) (LexisNexis 2017).”
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