Option A: FOLLOW THIS STEP IF: you and the Defendant agree on all issues in the divorce AND the Defendant filed an Answer or Answer and Counterclaim.
Remember: Take an original and two copies of each document to file with the Clerk’s office. You will need to send a copy of any filed document to the Defendant unless otherwise stated below.
NOTE: Please see the full instructions in the packet of forms for Custody and Support Modification - Petitioner for important information on Custody and Visitation, Child Support Payments, and Medical Support. The child(ren)'s interests should control. As a reminder, the packet and forms are available through the Self-Help Resources on the Wyoming Judicial Branch website. Also, this packet can be purchased at the Clerk of the District Courtin every Wyoming County.
**We have included examples of all of the forms you will need, or may need, with some helpful hints at the bottom of this page.**
You will need to complete and file with the Clerk the following forms:
1. Confidential Financial Affidavitand attach all required documents. Both parties are required to complete the Confidential Financial Affidavit with all required documents attached. If the Defendant DOES NOT file a Confidential Financial Affidavit, you will need to complete an Affidavit of Imputed Income to show the Court how much money the Defendant earns.
2. Order for Income Withholding. This Order is REQUIRED by statute in every case where child support has been ordered.
3. Income Withholding for Support. This form is REQUIRED IF you need to have the child support taken directly out of the other parent's paycheck.
4. Order Modifying Child Support Order and Judgment of Arrears. This form will need to be filled out completely, then signed by both you AND the Respondent IN FRONT OF A NOTARY PUBLIC.You both should also initial each page of this form to verify that they contain the terms you both agreed to. See the Custody and Child Support Modification Information and Instructions for laws and helpful hints (page 7) regarding child support.
5. Complete and file any additional documents required by the Court. Ask the Clerk if additional forms are required before your Order Modifying Child Support will be entered.
6. Take an original and two (2) copies of each of the above documents for filing with the Clerk, along with two (2) addressed, stamped envelopes (one addressed to you and one addressed to the Defendant) with enough postage to cover the cost of mailing the Order to you and the Respondent. A copy of any documents you file (other than the Order) must be sent to the Respondent on the date that you filled out on the Certificate of Service for each document.
7. After the above forms are filed with the Clerk of Court, the Court will decide whether or not to grant your modification without a hearing. Based on what the Court decides, one of these two things will occur:
8. If your Court requires a hearing before entering an Order, then, you will also need to file and complete the following:
If a hearing is NOT required by your Court, the Clerk will mail you a copy of your Order if accepted by the Court.
If a hearing is required by your Court, follow the next steps:
9. Only follow this step if the Court requires a hearing before it enters your Order Modifying Child Support!If the Court requires a hearing before entering the Order Modifying Child Support, then you will also need to file and do the following:
Request for Setting - You will need to complete and file this form. If you have questions about how long your hearing will take, ask the Clerk of Court.
Order Setting Hearing - You will need to complete ONLY THE TOP PORTION OF THIS FORM, and file it with the Clerk of Court. The Court will complete the rest of the form.
Two (2) addressed, stamped envelopes for you and the Defendant so the Court can send you each a copy of the Order Setting Hearing .
Attend the Hearing. You will need to present basic evidence at this hearing. Please see the packet of forms for Custody and Child Support Modification Information and Instructionsfor additional information on presenting this information to the Court.
**Your child support order has been modified when the Order has been signed by the Judge and filed by the Clerk.**