Fillable Printable Decree of Divorce with Minor Children - Wyoming
Fillable Printable Decree of Divorce with Minor Children - Wyoming
Decree of Divorce with Minor Children - Wyoming
Decree of Divorce (with Children)
Revised October 2012
Page 1 of 18
STATE OF WYOMING ) IN THE DISTRICT COURT
) ss
COUNTY OF ________________ ) _______________ JUDICIAL DISTRICT
Plaintiff:____________________________, ) Civil Action Case No. __________
(Print name of person filing) )
)
vs. )
)
Defendant:__________________________. )
(Spouse) (Print name)
DECREE OF DIVORCE WITH MINOR CHILDREN
NOTE: ALL APPLICABLE BOXES MUST BE CHECKED OR THE JUDGE
WILL NOT SIGN YOUR DECREE.
This matter came before the Court by:
Default (and Entry of Default has been issued); OR
Agreement of the parties (both parties have signed this Decree); OR
Trial
1. The Plaintiff lived in Wyoming sixty (60) days or more immediately before filing
the Complaint for Divorce.
2. The child(ren) lived in the State of Wyoming for a period of six (6) months or
more immediately before filing the Complaint for Divorce.
3. The Defendant was served:
Personally (by the sheriff) on ______________; OR
(Date)
Defendant accepted service (Acknowledgement and Acceptance of Service
must be filed); OR
By publication (Copy of Affidavit of Publication must be filed); OR
By Registered or Certified Mail (Return receipt must be filed and Clerk must
have entered certificate of service.)
4. At least twenty (20) days have passed since the Complaint for Divorce was filed.
5. Defendant filed
an Answer
an Answer and Counterclaim
no response (default must be entered, unless there is a waiver of right to
answer)
Decree of Divorce (with Children)
Revised October 2012
Page 2 of 18
no response but both parties have signed and agreed to the entry of this
Decree of Divorce.
6. The parties were married to each other on the _____ day of _____________,
(month)
_______, in .
(year) (City, County and State)
7. The parties have irreconcilable differences constituting grounds for divorce.
8. The parties are the natural or adoptive parents of the following minor child(ren):
Child’s Initials: Year of Birth:
Child’s Initials: Year of Birth:
Child’s Initials: Year of Birth:
Child’s Initials: Year of Birth:
Additional sheets of paper are attached if needed
9. This court has jurisdiction in all necessary particulars of this case.
10. Custody of the child(ren) should be as follows:
The parties have joint legal and joint physical custody; OR
The parties have joint legal custody and Mother or Father has physical
custody; OR
Mother or Father has sole legal and physical custody; OR
Other (Please describe desired legal and physical custody arrangement in
detail) __________________________________________________________________
________________________________________________________________________
________________________________________________________________________
11. The parties have an obligation to contribute to the support of the parties’ minor
child(ren).
12. To the best of Plaintiff’s knowledge,
Wife is not pregnant, OR
Wife is pregnant (If pregnant, consult an attorney. Your divorce may not
be able to be final until after the baby is born) and
Unless defined another way in this Decree, “Joint Legal Custody” means that both parties have access
to the records of the child(ren) including school records, activities, teachers and teachers' conferences,
as well as medical and dental treatment providers and mental health records. Both parties have these
rights unless the Court limits that access.
Decree of Divorce (with Children)
Revised October 2012
Page 3 of 18
The baby is due on or about (date), (and, check one space
below):
The Plaintiff and Defendant are the biological parents of the child,
OR
Plaintiff is not the biological parent of the child, OR
Defendant is not the biological parent of the child.
13. The parties
have acquired property and debts during the marriage and the division set
forth below in this Decree is just and equitable; OR
did not acquire any property or debts during the marriage.
14. The Court should order that
No party is entitled to alimony/spousal support; OR
The Wife shall pay to the Husband reasonable alimony; OR
The Husband shall pay to the Wife reasonable alimony.
15. The Wife
does not desire to have her former name restored; OR
wants her former name restored to: _________________________________
(list first, middle, and last name desired)
IT IS THEREFORE ORDERED:
1. That Plaintiff or Defendant is awarded a Decree of Divorce and a divorce
is granted.
2. CHILD CUSTODY, VISITATION AND SUPPORT:
A. Custody:
The parties shall have joint legal and physical custody. The parties shall
share physical custody of the minor children as described on the attached sheet of
paper.
Attach a schedule describing the sharing of physical custody.
Skip to Section C – Child Support; OR
The parties shall have joint legal custody and Mother or Father
shall have physical custody; OR
Mother OR Father shall have sole legal and physical custody. List
the reasons why joint legal custody is not appropriate:
OR
Decree of Divorce (with Children)
Revised October 2012
Page 4 of 18
Other (Please describe desired legal and physical custody arrangement
in detail): ___________________________________________________
___________________________________________________________
___________________________________________________________
B. Visitation:
The child(ren) shall spend time with the non-custodial parent as the parties may
agree, but if they cannot agree, then time shall be spent with the child(ren) as follows:
B.1. WEEKENDS: The child(ren) shall spend time with Mother OR
Father every weekend every other weekend when Friday is an even date
every other weekend when Friday is an odd date other (specific weekends
such as 1
st
and 3rd):
from a.m./p.m. to a.m./p.m.
B.2. OTHER VISITATION: In addition to the Weekend visitation above, the
child(ren) shall also spend time with Mother OR Father as follows (specify
specific days and times such as each Wednesday from 4:00 p.m. to 8:00 p.m.,
etc.):
Additional sheets of paper are attached (if necessary).
B.3. SUMMER SCHEDULE: (Choose one)
Option 1: Mother OR Father shall have visitation with the parties’
child(ren) beginning and continuing
until (i.e. ten days
after school lets out from 5:00 p.m. and continuing until ten days prior to school
starting up again at 5:00 p.m.).
The other parent shall have the same Weekend and Other Visitation as described
in paragraphs B.1 and B.2 above during the summer; OR
Option 2: The summer schedule will remain the same as during the
school year; OR
Option 3: The summer schedule will be as follows:
Additional sheets of paper are attached (if necessary).
Decree of Divorce (with Children)
Revised October 2012
Page 5 of 18
B.4. HOLIDAY SCHEDULE: The following holiday schedule will take priority
over the regular weekday, weekend, and summer schedules described above. Fill
in the blanks below with Mother or Father to indicate who the child(ren) will be
with for the holidays. Provide beginning and ending times. If a holiday is not
specified as even, odd, or every year with one parent, then the child(ren) will
remain with the parent they are normally scheduled to be with.
(Be very specific about the days, times, and location where exchanges will take place)
Holiday/Event
Parent Spending Time
with Child(ren)
(Mother or Father)
Odd numbered years
Even numbered
years
Every Year
Time & Place of
exchange
Mother’s Day
Memorial Day
Father’s Day
July 4
th
Labor Day
Thanksgiving
Break
First Half
Second Half
Entire Vacation
None
First Half
Second Half
Entire Vacation
None
First Half
Second Half
Entire Vacation
None
Christmas
First Half
Second Half
Entire Vacation
None
First Half
Second Half
Entire Vacation
None
First Half
Second Half
Entire Vacation
None
Spring Break
First Half
Second Half
Entire Vacation
None
First Half
Second Half
Entire Vacation
None
First Half
Second Half
Entire Vacation
None
Child(ren)’s
Birthdays
Religious
Events
Other Holiday or
Event
Additional sheets of paper are attached (if necessary).
B.5. OTHER (including no visitation or supervised visitation): If you
require a schedule that is difficult to explain in the format above or if your
situation is unique such that visitation is not appropriate or requires supervision,
please provide a detailed visitation schedule that fits your needs or an explanation
of why visitation is not appropriate on a separate sheet of paper and attach it.
Decree of Divorce (with Children)
Revised October 2012
Page 6 of 18
B.6. TEMPORARY CHANGES TO THE SCHEDULE: Any schedule for
sharing time with the child(ren) may be changed as long as both parents agree to
the changes ahead of time, in writing.
B.7. PERMANENT CHANGES TO THE SCHEDULE: Once the judge signs
the final Decree of Divorce in your case and approves this Visitation Plan, any
permanent changes must be agreed to by both parties or modified by the court.
B.8. PARENT-CHILD COMMUNICATION: Both parents and child(ren)
shall have the right to communicate by telephone, in writing or by e-mailing
during reasonable hours without interference or monitoring by the other parent,
unless otherwise ordered by the Court.
B.9. MUTUAL RESPECT: Parents will not say things or knowingly allow
others to say things in the presence of their child(ren) that would take away the
child(ren)’s love and respect for the other parent such as saying negative things
about the other parent.
B.10. OTHER TERMS: Add any other items regarding the child(ren) you
would like to include concerning visitation.
Additional sheets of paper are attached (if necessary).
B.11. EXCHANGE OF CHILD(REN)/COST OF TRANSPORTATION:
Both parents shall have the child(ren) ready on time with sufficient clothing
packed and ready at the agreed-upon time of exchange. All clothing that
accompanied the child(ren) shall be returned to the other parent. All
transportation in connection with the visiting parent’s exercise of his/her visitation
shall be the responsibility of and/or paid for as follows:
Option 1: While both parents continue to reside within ____ miles of
each other, both parents shall be responsible for transportation costs for one-way
of the children’s transportation. Mother Father shall pick up the child(ren)
from_________________________________ at the beginning of the visitation
(location)
and Mother Father shall pick up the child(ren) at the end of the visitation
from . If either party moves _________ miles or
(location)
more away, then the costs for transportation shall be as follows:
; OR
Option 2: The visiting parent shall be responsible for all of the child(ren)’s
transportation costs; OR
Decree of Divorce (with Children)
Revised October 2012
Page 7 of 18
Option 3: Other: (provide details exchange and transportation costs):
ONCE FILED, THE PARTIES MAY ONLY MAKE SUBSTANTIAL, PERMANENT
MODIFICATIONS TO THIS VISITATION PLAN BY WRITTEN AGREEMENT SIGNED BY
BOTH PARTIES, APPROVED BY THE JUDGE AND FILED WITH THE COURT. MINOR,
TEMPORARY CHANGES MAY BE MADE ANY TIME ONLY IF BOTH PARTIES AGREE
TO THE CHANGES.
C. CHILD SUPPORT:
In accordance with Wyo. Stat. § 20-2-304, presumptive child support is calculated as
follows:
a. Number of children: _______
b. Father’s net monthly income is: $_______
actual (Father submitted a Confidential Financial Affidavit); OR
imputed (Father did not submit a Confidential Financial Affidavit)
c. Mother’s net monthly income is: $_______
actual (Mother submitted a Confidential Financial Affidavit); OR
imputed (Mother did not submit a Confidential Financial Affidavit)
d. Total child support obligation of both parents is: $_______
e. Father’s presumptive child support obligation is: $_______
f. Mother’s presumptive child support obligation is: $_______
C.1. Restriction on reducing amount of child support: No agreement which is
less than the presumed child support amount in the law shall be approved if public
The child support amount may depend on the custodial arrangement that is ordered by the court. If
each parent keeps the children overnight for more than forty percent (40%) of the year and both
parents contribute substantially to the expenses of the children in addition to the payment of child
support, a “joint presumptive support” obligation shall be determined by use of the tables. Also, when
each parent has physical custody of at least one (1) of the children, a “shared presumptive support”
obligation for all of the children shall be determined by use of the tables. See Wyo. Stat. §20-2-304(c)
and (d). For assistance in calculating child support, go to the following website:
http://www.laramiecounty.com/_departments/_district_court/calculator.aspx or call your local child
support enforcement agency.
Decree of Divorce (with Children)
Revised October 2012
Page 8 of 18
support/benefits (such as aid under the personal opportunities with employment
responsibilities (POWER) program, Title 19, Kid Care, food stamps,
supplemental security income (SSI) or other similar benefits) are being paid on
behalf of any of the child(ren). CHECK ONE:
The child(ren) receive(s) public assistance; OR
The child(ren) DO NOT receive(s) any public assistance.
C.2. Amount of Child Support: Mother OR Father shall pay
$_________ per month for child support. The amount of child support is based
upon:
The presumptive amount of child support determined by Wyoming’s
Child Support Guidelines; OR
There is a deviation (an adjustment) upwards or downwards from
the presumptive amount. (In order to deviate, there must be a specific finding
that the application of the presumptive child support would be unjust or
inappropriate). The reasons that the presumptive amount is unjust is because
(list the specific reasons):
C.3. Time of Payments: Child support payments shall begin:
On THE FIRST DAY OF THE MONTH beginning the month of
, 20 and shall continue to be paid on the first day of
the month thereafter, until further order of the court; OR
beginning on the ____ day of _____________, 20_______and continuing
as follows: .
C.4. CONTINUATION OF CHILD SUPPORT: Child support shall continue
during the minor child’s minority, and beyond if the child has a mental, emotional
or physical impairment preventing emancipation, or while the child is attending
high school or an equivalent program as a full-time student between the ages of
18 and 20. Child support shall terminate if, during the child’s minority, the child
marries, is emancipated, becomes self-supporting or dies.
C.5. PLACE: All child support payments shall be paid to the Clerk of District
Court, whose address is:______________________________(See District Court
Clerks’ Addresses in the packet). The Clerk shall forward the support payments
to the receiving parent at the address provided by that parent to the Clerk. DO
NOT PAY WITH A PERSONAL CHECK. CASH ACCEPTED IN PERSON
ONLY. CASHIER’S CHECKS AND MONEY ORDERS ACCEPTED.
C.6. MODIFICATION: Either party may seek a modification of the child
support ordered herein pursuant to Wyo. Stat. §20-2-311.
Decree of Divorce (with Children)
Revised October 2012
Page 9 of 18
MODIFICATION OF CHILD SUPPORT IS NOT EFFECTIVE UNLESS
IT IS APPROVED BY A WRITTEN ORDER SIGNED BY THE JUDGE.
C.7. ABATEMENT OF CHILD SUPPORT (Temporary Reduction in
Child Support): Wyo. Stat. §20-2-305 says child support may abate or decrease
by one-half (1/2) of the daily support obligation for each day the noncustodial
parent has physical custody of the child for whom support is due, ONLY IF the
noncustodial parent has custody of the child for more than fifteen (15)
consecutive days and if approved by the Court.
REQUIREMENTS:
A. The non-custodial parent MUST FILE any claim for child support
abatement with the clerk of the court within thirty (30) days after
the period for which abatement is claimed and must pay ten dollars
($10.00) to the clerk when filed.
B. The clerk will then mail a copy of the claim to the custodial parent.
C. The custodial parent can object or dispute any abatement claim by
filing an objection with the clerk of court within thirty (30) days of
the date the clerk mailed the notice to the custodial parent and
paying ten dollars ($10.00) to the clerk.
D. The clerk will mail a copy of the objection to the noncustodial
parent.
E. Claims or objections not filed in a timely manner or not
accompanied by the ten dollar fee will be rejected.
C.8. ENFORCEMENT: Wyoming law states that any payment of child
support not paid when due shall automatically become a judgment against the
parent who is supposed to pay on the due date. This judgment is subject to a 10%
late payment penalty if it is not paid within thirty-two (32) days.
3. MEDICAL INSURANCE:
The Mother or Father or Both parents shall provide health care insurance
coverage for the minor child(ren) if insurance can be obtained at a reasonable cost and
the benefits under the insurance policy are accessible to the child(ren).
3.A. Proof. The insuring parent shall provide to the Court written proof that
the insurance has been obtained within sixty (60) days after it became
available. Proof of insurance coverage shall contain, at a minimum:
i) The name of the insurer.
ii) The policy number.
iii) The address to which all claims should be mailed.
Decree of Divorce (with Children)
Revised October 2012
Page 10 of 18
iv) A description of any restrictions on usage, such as pre-approval for
hospital admission, and the manner in which to obtain pre-
approval.
v) A description of all deductibles.
vi) Two (2) copies of claim forms.
3.B. Changes. The insuring parent shall provide written notice to the Clerk of
this Court and the other parent if insurance coverage for the child is
denied, revoked, or altered in any way that would affect the child's
coverage, including any change relating to the information required above.
3.C. Failure To Provide Insurance. The Court may hold a parent in contempt
for refusing to provide the ordered insurance or for failing or refusing to
provide the information required above. In addition, if either parent fails
to provide insurance or proof of insurance as required by this agreement,
the other parent may provide such insurance and the parent who was
supposed to shall be responsible to pay to the other parent the cost of such
insurance plus the costs that parent had to pay for collection, including
reasonable attorney’s fees.
3.D. Costs Not Paid For By Insurance. All deductibles, co-payments and other
expenses for health care that are not paid for by health insurance shall be
paid by the parents as follows:
50% each by Mother and Father; OR
% by Mother and % by Father.
i) If the insuring parent fails to pay the insurance premium, all health
care expenses of the children not covered by insurance shall be the
responsibility of that party.
ii) If the insuring parent fails to maintain insurance as required, that
party may be found in Contempt of Court and may be required to
pay or reimburse the expenses and costs set forth in Wyo. Stat.
§20-2-401(e).
4. CHANGES IN ADDRESS AND EMPLOYMENT:
Each parent shall inform the other parent and the clerk of court in writing of any
change of address, phone number, and employment:
4.A. CHANGE OF EMPLOYMENT STATUS: So long as there is a child
support obligation, each parent shall notify the other parent and the Clerk of this
Court, in writing, on forms available from the Court, within fifteen (15) days of
any change in employment, including second jobs, changed employers, starting or
Decree of Divorce (with Children)
Revised October 2012
Page 11 of 18
ending unemployment compensation, and starting or ending of worker’s
compensation, or any other change in income.
4.B. CHANGE OF ADDRESS: So long as there is a child support obligation, if
either parent plans to change his or her address, that parent must notify the other
parent and the Clerk of this Court, in writing, on forms available from the Clerk
of this Court, no later than fifteen (15) days prior to the day of the move, the
destination of the move and the proposed move date.
4.C. CHANGE OF HOME CITY OR STATE OF RESIDENCE: Either
parent who plans to change their home city or state of residence, must give
written notice thirty (30) days prior to the move, both to the other parent and to
the clerk of district court stating the date and destination of the move.
5. INCOME WITHHOLDING ORDER:
An income withholding order shall be entered and shall become effective as
follows:
Effective immediately (Recommended); OR
Effective upon the date the Obligor (person who has to pay) requests
withholding commence; or the date the Obligor is at least one (1) month behind in child
support payments. List the reasons why good cause exists to delay the effective date for
withholding income:
; OR
OTHER (i.e. Military allotment) .
6. DIVISION OF PROPERTY:
The parties’ property shall be equitably divided as follows:
Wife’s Property:
6.A.1. The Wife shall have as her sole and separate property, free and clear of
any and all claims by the Husband, but subject to any debt owing on the
property, the following:
All personal property held in her name or in her possession, except as
otherwise specifically set forth in this Decree.
All bank accounts, investment accounts, and retirement accounts held
in her sole name, if any, except as otherwise specifically set forth in this
Decree.
The following motor vehicle(s) (list year, make, model and VIN):
