FOLLOW THIS STEP IF: the Respondent DID NOT file an Answer or Answer and Counterclaim by the time the required waiting period has expired.
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 Respondent unless otherwise stated below.
NOTE: Please see the full instructions in the packet of forms for Custody and Child Support Modification 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. Application for Entry of Default
2. Affidavit in Support of Default
3. Entry of Default. If the Application for Entry of Default and the Affidavit in Support of Default are correct, the Clerk will sign this.
** Once the Entry of Default is signed by the Clerk, complete the forms and steps below (4 - 11) **
4. Confidential Financial Affidavit. Both parties are required to complete the Confidential Financial Affidavitwith all required documents attached. If the Respondent 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 Respondent earns.
5. Order Modifying Custody and Support. MAKE SURE TO MARK “DEFAULT” ON ORDER
Take an original and two (2) copies of the Order for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Respondent with enough postage to cover the cost of mailing the Orderto you and the Defendant).
6. Order for Income Withholding. This Order is REQUIRED by statute in every case where child support has been ordered.
7. 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.
8. Complete and file any additional documents required by your Court. Ask the Clerk if there are any additional forms from the Court.
9. Take an original and two (2) copies of each of the above documents for filing with the Clerk and 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 Decree of Divorce to you and the Defendant. A copy of any documents you file (other than the Decree of Divorce) must be sent to the Defendant on the date that you filled out on the Certificate of Service for each document.
If a hearing is NOT required by the Court, the Clerk will mail you a copy of your Decree of Divorce if accepted by the Court.
If a hearing is required by the Court, follow the next steps:
10. Only follow this step if the Court requires a hearing before it enters your Order Modifying Custody and Support!If the Court requires a hearing before entering a Decree of Divorce, then you will also need to file and do the following:
Request for Setting - You will need to complete and file this form.
Order Setting Hearing - You will need to complete and file this 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 for additional information on presenting this information to the Court.
**Your order is final when the Order Modifying Custody and Supporthas been signed by the Judge and filed by the Clerk.**