NOTE: If you have any question or concerns as to when the deadline to file a response is, you should consult an attorney.
**FOLLOW THIS STEP IF: The other parent (the Petitioner) did not include something in the Petition which you would like the court to resolve, OR if you would like to ask for specfic remedies.**
NOTE: Additional information on the Evidence to be presented at the hearing/trial, Child Support, and Custody and Visitation, can be found in the instructions for Custody and Child Support Modification - Respondent. As a reminder, the packet and forms are available through the Self-Help Resources on the Wyoming Judicial Branch website. The packet can also be purchased at the Clerk of the District Courtin every Wyoming County.
**We have included examples of all of the forms you 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. Response & Counterclaim to Petition to Modify Custody and Support. A Response & Counterclaim to Petition to Modify Custody and Support responds to the Petition to Modify and gives you an opportunity to tell the court what you want to happen with custody, visitation, and child support.
Response. When responding to a Petition, you must "admit" or "deny" each paragraph. If you do not have enough information to either admit or deny, state that in your reply. If you disagree with something the Petitioner is claiming or asking for in the Petition, and you fail to "deny" it, the judge can find that you "agree" with it because you did not address it. **IT IS VERY IMPORTANT TO ADDRESS EACH CLAIM**
Request for Relief. In the Counterclaim portion, you will ask the Judge to give you what you want regarding custody, visitation, and child support. Be sure to be specific about what it is you would like.
If you fail to respond to the Petition within 20 days (30 days if you live outside of Wyoming) after you receive it, the judge can enter a default and give the Petitioner everything that he/she asked for in the Petition. **IT IS VERY IMPORTANT TO REPLY BEFORE THE 20 DAYS ARE UP**
2. The Petitioner MUST Reply to Your Counterclaim. The Petitioner must reply to the Response and Counterclaim to Modification of Custody and Support. If you file an Response and Counterclaim to Modification of Custody and Support, the Petitioner will have twenty (20) days to reply to your Response and Counterclaim to Modification of Custody and Support by filing a Reply to Counterclaim. The Petitioner will admit or deny the separate allegations, or paragraphs, in your Response and Counterclaim.If the Petitioner fails to reply to the Counterclaim, you may be entitled to file Default paperwork seeking the relief you requested in your Response and Counterclaim. The Default paperwork can be found at your local Clerk of the District Court or online at the Wyoming Judicial Branch.
3. If the Petitioner DOES NOT file an answer/reply to your Counterclaim, you will need to file the following forms with the court (you can find these forms online at theWyoming Judicial Branch and in the Petition to Modify Custody and Support - Petitioner classroom):
Application for Entry of Default
Affidavit in Support of Default
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 **
Confidential Financial Affidavit. Both parties are required to complete the Confidential Financial Affidavitwith all required documents attached. If the Petitioner 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 Petitioner earns.
Affidavit of Modification Without Appearance of Parties.
Order for Income Withholding. This Order is REQUIRED by statute in every case where child support has been ordered.
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.
Order Modifying Custody and Support - MAKE SURE TO MARK “DEFAULT” ON DECREE.This form will need to be filled out completely, signed by you, and your signature must be notarized. In addition to signing the Order Modifying Custody and Support, you should also initial each page of the Order Modifying Custody and Support to verify that each page contains the terms you agreed upon.
4.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 Petitioner) with enough postage to cover the cost of mailing the Order Modifying Custody and Support to you and the Petitioner. A copy of any documents you file (other than the Order Modifying Custody and Support) must be sent to the Petitioner 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 Order Modifying Custody and Support if accepted by the Court.
If a hearing is required by the Court, follow the next steps:
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 Order Modifying Custody and Support, 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 Plaintiff 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 - Respondent for additional information on presenting this information to the Court.
5. If the Petitioner files a reply to your Counterclaim, then the Petitioner will file the forms in 3 and 4 (except for the default paperwork.)
**The modification is final when the Order to Modify Custody and Support has been signed by the Judge and filed by the Clerk.**