Imputing Income for Voluntarily Unemployed or Underemployed Parents in Wyoming

Walking away from a well-paying career in Casper or trading a skilled trade in Cheyenne for a part-time retail shift right before a custody hearing rarely lowers a parent's child support bill. When disputes arise over Imputing Income for Voluntarily Unemployed or Underemployed Parents in Wyoming, District Court judges possess broad statutory authority to calculate child support based on what a parent is capable of earning rather than what they actually bring home. If a court determines that a parent intentionally suppressed their earnings, the resulting support order can quickly trigger severe arrears if the parent fails to pay the imputed amount.

Under Wyo. Stat. Ann. § 20-2-303 and Wyo. Stat. Ann. § 20-2-307, child support calculations ordinarily begin with actual verified net income, but the law explicitly permits attributing potential income when a parent is voluntarily unemployed or underemployed. Because proving or defending an imputation claim requires concrete labor market evidence, consulting a dedicated Wyoming family law attorney listed in our directory is one of the most effective ways to protect your financial interests in court.

Earning Capacity and Local Job Market Evaluations

The legal foundation for Imputing Income for Voluntarily Unemployed or Underemployed Parents in Wyoming rests on the statutory concept of earning capacity. Under Wyo. Stat. Ann. § 20-2-307, a judge evaluating whether to impute income-and how much to attribute-must examine a specific set of statutory factors rather than pulling a speculative salary out of thin air. These factors include the parent's prior employment history, educational attainment, occupational qualifications, health and physical ability to work, prevailing wages in the local community, and the realistic availability of jobs for which the parent is qualified.

In the landmark decision Durham v. Durham, 74 P.3d 1230 (WY Supreme Court 2003), the Wyoming Supreme Court reversed a trial court's imputation of historical wages because the record lacked specific evidentiary findings showing that comparable jobs with similar pay were actually available in the local community. Similarly, in Ready v. Ready, 76 P.3d 836 (WY Supreme Court 2003), the court emphasized that a District Court must evaluate both the parent's qualifications and realistic cash flow before attributing potential income. Attorneys frequently rely on wage reports published by the Wyoming Department of Workforce Services, Cheyenne and the Wyoming Department of Workforce Services, Rock Springs to prove prevailing hourly rates in a specific county.

Stay-at-Home Parents

Stay-at-home parents going through a divorce or custody modification in Laramie or Gillette often worry that a judge will immediately impute a high full-time salary the moment the separation begins. Under Wyo. Stat. Ann. § 20-2-307, courts specifically consider the presence of young children or children with special medical or developmental needs in the home, alongside whether the parents previously agreed that one spouse would remain home to provide care.

While caring for an infant or a severely disabled child can justify a temporary deviation or limit income imputation, the exemption is rarely permanent. Once children reach school age and full-time employment becomes feasible, Wyoming courts generally expect an able-bodied stay-at-home parent to re-enter the workforce, often imputing entry-level or minimum-wage earnings if the parent has been out of the job market for several years.

Fired vs. Quitting Scenarios

The circumstances surrounding a job loss heavily influence how a Wyoming judge treats a sudden drop in income. Voluntarily quitting a stable position to avoid paying support, returning to school for a non-essential degree, or launching an unprofitable hobby business almost always triggers an finding of voluntary underemployment. In those situations, the court typically leaves the parent's prior earning level intact.

By contrast, being laid off due to corporate downsizing loses its voluntary character, provided the parent conducts a diligent, documented search for new work. However, getting fired for misconduct-such as failing a mandatory workplace drug test, chronic unexcused absenteeism, or losing a commercial driver's license due to a DUI-is frequently treated by Wyoming courts as the functional equivalent of a voluntary quit. Even then, under Dellit v. Tracy, 362 P.3d 353 (WY Supreme Court 2015), the court must still assess what the terminated parent can realistically earn in the current job market given the blemish on their employment record.

Minimum Wage Imputation

When an unemployed parent has no verifiable work history, refuses to submit Form CSMP 9, Wyoming, Supreme Court, Confidential Financial Affidavit, or possesses no specialized skills, courts routinely turn to minimum wage imputation as a baseline floor. Although Wyoming's archaic state statutory minimum wage remains listed at $5.15 per hour, employers covered by the 29 U.S.C. § 206 must pay the federal minimum wage of $7.25 per hour.

Working 40 hours per week for 52 weeks at $7.25 per hour yields a gross imputed income of $1,256.67 per month ($15,080 annually), which translates to roughly $1,140 to $1,160 per month in statutory net income after FICA deductions. Furthermore, if local entry-level retail and service jobs in cities like Cheyenne, Casper, or Jackson routinely pay $14 to $18 per hour, a party who presents localized wage data from the Wyoming Department of Workforce Services, Cheyenne can ask the judge to impute that higher prevailing local entry wage.

Burden of Proof

In Wyoming child support litigation, the parent asking the court to impute income bears the initial burden of proof. It is never enough to simply accuse an ex-spouse of being lazy or earning less than they did three years ago. Under Durham v. Durham, 74 P.3d 1230 (WY Supreme Court 2003), the moving party must present admissible evidence proving two distinct elements: first, that the other parent is voluntarily unemployed or underemployed without good cause; and second, the specific dollar amount of prevailing wages available from realistic job openings in the community for someone with that parent's qualifications. Once that prima facie showing is made, the burden shifts to the unemployed parent to demonstrate medical incapacity, involuntary layoff, or exhaustive unsuccessful job applications.

Step-by-Step Process in Wyoming

Whether your case is heard in Cheyenne, Casper, Laramie, or Rock Springs, establishing or contesting imputed income follows a formal evidentiary sequence in Wyoming's District Courts.

Step 1: Gathering Documents

Compile complete evidence of both parents' historical and current earning capacity. Collect the last two years of federal tax returns (Form 1040, Federal, IRS, U.S. Individual Income Tax Return), Form W-2, Federal, IRS, Wage and Tax Statement records, professional licenses, college diplomas, resumes, termination letters, medical disability records, and a detailed log of recent job applications.

Step 2: Collecting Local Labor Market Evidence

Because Durham v. Durham, 74 P.3d 1230 (WY Supreme Court 2003) requires proof of local job availability and prevailing wages, gather current occupational wage surveys from the Wyoming Department of Workforce Services, Cheyenne and print active job postings from local employers in the relevant county that match the parent's skillset.

Step 3: Preparing the Petition and Financial Affidavit

Complete Form CSMP 9, Wyoming, Supreme Court, Confidential Financial Affidavit and attach it to either Form DIVCP 1, Wyoming, Supreme Court, Complaint for Divorce with Children or Form CSMP 1, Wyoming, Supreme Court, Petition to Modify Child Support. Clearly state in your pleading whether you are requesting that the court impute income under Wyo. Stat. Ann. § 20-2-307.

Step 4: Filing with the Clerk of District Court

File your packet with the Clerk of District Court in the appropriate venue, such as the Laramie County District Court, Cheyenne, the Natrona County District Court, Casper, or the Sweetwater County District Court, Rock Springs. Arrange formal service of process on the other parent.

Step 5: Conducting Discovery and Vocational Evaluations

During the discovery phase, attorneys can issue subpoenas to the other parent's former employer to obtain personnel files showing whether they quit voluntarily or were laid off. In high-income disputes, either party may request that the court appoint a vocational rehabilitation expert to interview the parent and testify regarding their exact earning potential.

Step 6: Presenting Evidence at the Hearing

At the evidentiary hearing, present your employment records, witness testimony, and local wage data to the District Court judge. Once the judge makes specific findings of fact regarding earning capacity and enters Form CSMP 20, Wyoming, Supreme Court, Order Modifying Child Support and Judgment for Arrears, the order is enforced through the Wyoming Department of Family Services, Child Support Program, Cheyenne.

How Much Does It Cost in Wyoming?

Litigating an imputed income dispute involves statutory court costs and optional expert or legal fees:

• District Court Filing Fees: Under Wyo. Stat. Ann. § 5-3-206, filing an initial divorce or paternity complaint costs $160, while reopening a case to modify child support costs a fixed statutory fee of $160 ($110 base filing fee, $40 court automation fee, and $10 indigent civil legal services fee).
• Subpoena and Service Fees: Serving the opposing party and issuing subpoenas to former employers or human resources departments typically costs $50 to $150 in sheriff or process server fees.
• Vocational Expert Evaluations: Hiring a certified vocational evaluator to conduct a labor market survey and testify in a contested high-earner case generally costs between $1,500 and $3,500.
• Family Law Attorney Fees: Because imputed income cases turn on strict evidentiary rules, hiring a Wyoming child support lawyer typically costs $250 to $400 per hour, with retainers averaging $3,000 to $6,000.

How Long Does the Process Take?

Resolving a claim of voluntary unemployment or underemployment requires time for financial discovery and court scheduling:

• Initial Response Window: The served parent has 20 days (or 30 days if served out of state) to file an Answer with the District Court.
• Financial Disclosure Period: Both parties must exchange Form CSMP 9, Wyoming, Supreme Court, Confidential Financial Affidavit within 30 days after the answer is due.
• Discovery and Subpoena Timeline: Obtaining personnel files from former employers and completing vocational assessments typically adds 60 to 90 days.
• Total Case Duration: While stipulated settlements can conclude in 6 to 8 weeks, a contested imputed income hearing in Cheyenne, Casper, or Gillette generally takes 4 to 8 months from filing to final order.

Frequently Asked Questions (FAQ)