Steele v. Steele , 2005 Wyo. LEXIS 34 ( 2005 )

BRACKLEY, District Judge,

dissenting, with whom GOLDEN, Justice, joins.

[¶ 20] I respectfully offer this dissenting viewpoint. In my opinion, this modification order, on its face, fails to comply with statutes and prior case law. The record is more than sufficient to support this holding. Therefore, I would reverse.

[¶21] Here, the trial court found that material changes in circumstances warranted a change in previously ordered support. The trial court properly entered net income findings and calculated statutory, presumptive support. Then, the trial court deviated from statutory guidelines and ordered minimum support (significantly lower than the presumptive amount). The record does not contain lawful findings for deviation nor does it contain findings supporting the conclusion that the order was in the best interests of the children. “Financial disparity” between parents and/or one parent’s “ability to provide for the financial needs” of children are not reasons to deviate from statutory support. These factors can support a conclusion that a child’s best interests are not harmed when there are legitimate reasons to deviate downward from presumptive support.

[¶ 22] Children have the right to share in the financial circumstances of both parents. Neither courts nor parents can circumvent this right. Inadvertently, this decision could jeopardize traditional notions concerning child support law and cause some policy concerns. For example: (1) What tests or standards allow trial courts to say, “The custodial parent makes plenty of money to support the family. So, this order will not require this non-custodial parent to pay as much child support as others in the same income bracket?” and (2) Arguably, the majority decision will make it easier for one parent to tell the other, “If you do not challenge custody, I will not ask the court for statutory support.” Stipulated decrees not conforming to law will be presented to, and entered by, uninformed trial judges.

[¶ 23] In support of the foregoing, please review Wyo. Stat. Ann. 20-2-307 (LexisNexis 2003), and the discussion about child support in Raymond v. Raymond, 956 P.2d 329, 334 (Wyo.1998) where we said:

A deviation from the guidelines is permitted only when the trial court makes a finding that it would be unjust or inappropriate to follow them in a particular case and it specifically sets forth in full the reasons thereforfj [Emphasis added.]