Shannan Krietemeier Wright
2015 WY 37
| Wyo. | 2015Background
- Marriage in Aug 2011; child born 3 weeks later; Mother filed for divorce Feb 2012.
- Temporary orders in May 2012 gave Father primary custody with Mother’s liberal visitation.
- February 15, 2013 Terms of Settlement stated essential terms including a transportation provision; dispute over sharing transportation burden.
- Mother relocated to Texas; parties pursued settlement efforts but Father later sought enforcement of the February 2013 agreement.
- District court enforced the February 2013 agreement, citing stability and the child’s best interests; Mother challenged enforcement and later sought relief under Rule 58.
- Final decree language and child support provisions were contentious; court ultimately affirmed custody arrangement but reversed retroactive child support liability for Mother.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father is estopped from enforcing the settlement. | Wright estopped due to prior position denying binding agreement. | Estoppel does not prevent enforcement; inconsistent positions allowed to settle. | Estoppel does not bar enforcement. |
| Whether the settlement was in the child's best interests. | Changed circumstances favor Mother; custody should reflect vitality of Texas relocation. | Stability and practical framework support enforcing the agreement. | Enforcement of the agreement was in the child’s best interests. |
| Whether child support should be under joint presumptive provision § 20-2-304(c). | Mother has substantial time with child and contributes to expenses. | Mother does not have 40% overnight; not applicable. | § 20-2-304(c) not applicable. |
| Whether Mother should reimburse transportation costs and pay retroactive support. | Agree to transportation costs; retroactive support not intended. | Mother must reimburse costs and pay retroactive support. | Error to order both; affirm transportation reimbursement, reverse retroactive support. |
Key Cases Cited
- Baker v. Speaks, 2013 WY 24, 295 P.3d 847 (Wy. 2013) (judicial estoppel not applicable across separate proceedings within same case)
- Willowbrook Ranch, Inc. v. Nugget Exploration, Inc., 896 P.2d 769 (Wy. 1995) (judicial declarations in prior proceedings may affect later actions but do not preclude settlement attempts)
- Loran v. Loran, 2015 WY 24, P.3d (Wy. 2015) (stability in custody matters; ‘joint custody’ terminology explained)
- Stevens v. Stevens, 2014 WY 23, 318 P.3d 802 (Wy. 2014) (abuse of discretion standard in custody decisions)
- Hladky Const., Inc. v. City of Gillette, 2008 WY 134, 196 P.3d 184 (Wy. 2008) (public policy considerations in settlement enforcement)