Egan v. Egan
2010 WY 164
Wyo.2010Background
- Parents divorced in 2002; Mother had primary custody and initial child support was $500/month, an upward deviation.
- In 2009, custody modified to reflect both parties with one child each, and child support was eliminated for the son; daughter then moved to live with Father, but child support remained unresolved.
- District court computed Mother's presumptive support at $817/month using Mother's net income and imputed Father's income; deviation downward to $200/month was ordered.
- Father appealed, arguing improper factors and errors in calculating Mother's net income; Mother represented herself on appeal.
- Court held deviation was not abuse of discretion; and error in deducting two non-listed deductions from Mother's net income was harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court abuse discretion in deviating from presumptive support? | Egan argues improper factors were used to justify deviation. | Egan contends the court misapplied or included inappropriate considerations. | No abuse; deviation affirmed. |
| Was Mother's net income calculated correctly? | Egan asserts improper deductions were made from Mother's income. | Egan argues other factors may affect net income. | Some deductions were improper but harmless; overall calculation upheld. |
Key Cases Cited
- Keck v. Jordan, 2008 WY 38 (Wy. 2008) (abuse of discretion standard for child support deviations)
- Gray v. Pavey, 158 P.3d 667 (Wy. 2007) (abuse of discretion in child support context)
- Opitz v. Opitz, 173 P.3d 405 (Wy. 2007) (presumptive amount is rebuttably presumed to be correct)
- Dorr v. Smith, Keller & Assoc., 238 P.3d 549 (Wy. 2010) (statutory interpretation in de novo review of ambiguity)
- Sharpe v. Sharpe, 902 P.2d 210 (Wy. 1995) (factors beyond guidelines considered in support decisions)
- Hasty v. Hasty, 828 P.2d 94 (Wy. 1992) (consideration of other children in support awards)
- Steele v. Steele, 108 P.3d 844 (Wy. 2005) (discretion to deviate from presumptive amount)
- Plymale v. Donnelly, 157 P.3d 933 (Wy. 2007) (case-by-case discretion in setting child support)
- Dowdy v. Dowdy, 864 P.2d 439 (Wy. 1993) (de minimis or harmless errors in calculation)
- Shelhamer v. Shelhamer, 138 P.3d 665 (Wy. 2006) (addressing minor calculation discrepancies)