Wood v. Wood

MACY, Chief Justice,

dissenting.

I dissent. Although the record on appeal is not a model of completeness, it is, together with that part of the record which is settled, adequate to reveal that the appellee was ordered to pay child support to the appellant through the Clerk of the District Court in Natrona County, Casper, Wyoming, and that the appellee made no payments in that manner. That is sufficient to carry the burden of proof for the appellant to show nonpayment. It was then incumbent upon the appellee to present documentary proof of payment of all the support ordered by the court.

I would reverse and remand with directions that judgment be entered in favor of the appellant for all the child support she claims is unpaid, less credit to the appellee for only those amounts for which he can produce documentary proof of payment. Wyo.Stat. § 20-2-113(g) (Supp.1993) dictates that child support payments be made to the appellant through the clerk of the district court, and that requirement cannot be dispensed with by a mere agreement of the parties. The purpose of this statutory provision is to avoid the costly and time-consuming court action and appeal which have taken place in this instance.