Jerry D. Walker v. Jaci S. Walker
2013 WY 132
Wyo.2013Background
- Parents divorced (decree Jan 13, 2006); Mother awarded primary residential custody of daughter MLW (born 1999); Father ordered to pay $527.85/month child support based on net incomes found then.
- Father (Jerry Walker) petitioned (2010) to become primary custodian, alleging improved stability and various deficiencies in Mother’s care; Mother opposed and sought increased child support claiming Father’s income rose.
- An in-camera interview of MLW (age 11) showed she was articulate, comfortable with either parent, and had earlier expressed a preference to live with Father; no transcript of any later evidentiary hearing or the district court’s oral ruling is in the record.
- District court denied Father’s custody modification for lack of a material change in circumstances, found new net monthly incomes for the parties, ordered increased child support ($655.79 orally; $665.70 reflected elsewhere), and entered a $4,538 judgment for Mother for past child-related expenses.
- On appeal, the Supreme Court of Wyoming affirmed denial of custody modification and the judgment for past expenses (no adequate record shown to challenge due process/credit claims), but reversed and remanded because the child support award was inconsistent with the court’s own net-income findings and Wyoming’s statutory child support tables.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether Mother was entitled to an increase in child support | Mother: change in incomes produced ≥20% increase, so support should increase | Father: district court’s net-income findings actually require a decrease in support | Court: child support calculation by district court was legally incorrect; remanded for correct application of statutory tables |
| 2. Whether district court could enter a money judgment for past child-related expenses | Mother: court may enforce decree and award money judgment (compensatory contempt/remedy) | Father: award exceeded court’s authority and violated due process; lacked findings | Court: courts may enter compensatory money judgments to enforce orders; award permissible; affirmed absent record showing error |
| 3. Whether Father should have been credited for payments against the judgment | Father: he made payments and should receive credit; district court failed to credit them | Mother: claimed remaining balance after partial payments | Court: record lacks transcript/evidence to review credit issue; appellant failed to supply record — no reversal on this ground |
| 4. Whether district court abused discretion by not properly considering child’s best interests/preferences when denying custody change | Father: court ignored MLW’s preference and best-interest factors; failed to interview properly | Mother: custody modification threshold not met; court need not change custody | Court: absent full record, trial court’s factual finding of no material change is entitled to deference; affirmed denial of custody modification |
Key Cases Cited
- Cobb v. Cobb, 2 P.3d 578 (Wyo.) (standard for modifying custody requires material change and best interest)
- JRS v. GMS, 90 P.3d 718 (Wyo.) (child preference is a factor; weight depends on circumstances)
- Hanson v. Belveal, 280 P.3d 1186 (Wyo.) (deference to factual findings on material change)
- Durfee v. Durfee, 199 P.3d 1087 (Wyo.) (abuse-of-discretion standard in custody matters)
- Holiday v. Holiday, 247 P.3d 29 (Wyo.) (court must craft child interview procedure protecting due process and child welfare)
- Walters v. Walters, 249 P.3d 214 (Wyo.) (availability of compensatory civil contempt sanctions but requirement that awards not be speculative)
- Turner v. Rogers, 131 S. Ct. 2507 (U.S.) (limitations on incarceration for failure to pay without procedural safeguards)