Lauderman v. Wyoming Department Of Family Services

232 P.3d 604 (2010)

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Nature of the Case

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Facts

M and F never married but they had one child. M has always had custody of the child. In 2004, F's child support obligation was set at $263.00 per week. In early 2007, Father fell $3,419.00 in arrears. He paid the arrears in full. In November 2007, DFS filed a Petition for Modification of Child Support. M was the mother of two (2) minor children, the child at issue who is nine (9) years of age, and an infant daughter born in June 2009. She was employed at L & H Industrial, Inc., as a welder from May 2007 until her termination in November 2007, as a result of her pregnancy. F was a self-employed drywaller operating his own business referred to as RNR Drywall, Inc. F is the sole officer and shareholder of the business. The court imputed income to M as she was voluntarily unemployed. M is capable of earning $ 16.00 per hour, and her income is $2,562.00 net monthly income. F's net monthly income is based upon his 2008 actual earnings and his earning capability in the future, rather than what he earned during more prosperous economic times. To use F's prior years' income would result in imputing a net income that would result in an impossibly high child support obligation and would set this party up for failure. Therefore, 2008 is the only year that should be used to determine F's net monthly income which is $3,767.68 net monthly income. F's support is now $650 per month. M appealed.