Cranston v. Cranston
| Decision Date | 18 August 1994 |
| Docket Number | No. 93-188,93-188 |
| Parties | Michael Dean CRANSTON, Appellant (Defendant), v. Julie Ann CRANSTON, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Carol Seeger and Michael A. Maycock of Maycock Law Offices, P.C., Gillette, for appellant.
Deborah D. Michaels of Michaels, Michaels & Wilson, Gillette, for appellee.
Before GOLDEN, C.J., and THOMAS, CARDINE, * MACY ** and TAYLOR, JJ.
A father, contending that he should benefit from a provision of Wyoming's child support guidelines, brings this appeal. The father sought a modification of his child support obligation based on a provision which states a presumptive level of child support when both parents share physical custody of their children. The shared physical custody provision applies when each parent keeps the children overnight for more than twenty-five percent of the year and both parents contribute to the expenses of the children in addition to the payment of a child support obligation. The district court found that although the father paid a child support obligation and the children stayed overnight with the father a sufficient percentage of the year, the father did not contribute to the expenses of his children in a "substantial and meaningful" way. The father argues the district court erred in its interpretation of the shared physical custody provision. The father also maintains that the evidence supported a finding in his favor.
We affirm.
Appellant, the father, presents two issues:
1. Whether the District Court erred in interpreting W.S. § 20-6-304(d) to require a "substantial and meaningful" contribution of expenses by the parents before the joint presumptive support obligation is applicable.
2. Whether the District Court ruled against the weight of the evidence in finding that the Appellant did not make "substantial and meaningful" contributions to the expenses of his minor children, therefore, not apply the joint presumptive support obligation as required in W.S. § 20-6-304(d).
Appellee rephrases:
1. Whether it was reversible error for the district court to interpret W.S. § 20-6-304(d) to require a "substantial and meaningful" contribution by both parents to the expenses of the children in addition to the payment of child support.
2. Whether "substantial and meaningful" is a proper standard to apply.
3. Whether the district court ruled against the weight of the evidence in finding that the appellant did not meet the necessary contributions test and therefore appellant could not apply the joint presumptive support obligation formula stated in W.S. § 20-6-304(d).
Michael Dean Cranston (the father) and Julie Ann Cranston (the mother) married in 1982 and had two children. The district court granted a divorce in 1990 awarding legal and physical custody of the children to the mother. The district court granted visitation rights to the father which were subsequently modified and increased. The divorce decree ordered the father to pay child support equal to thirty percent of his gross disposable income, minus a $450.00 monthly living allowance. The father was also ordered to maintain a health insurance policy covering the children. Any health care costs which were not covered under the insurance policy were to be shared equally by the father and the mother.
Three years after the divorce, the father filed a petition to modify the child support obligation. The father maintained he was entitled to reduce his monthly support payments from $546.59 to $198.50 under the shared physical custody provision of the child support guidelines. The father reported that the children now stayed overnight with him in excess of the amount required by the shared physical custody provision. Additionally, the father claimed he had paid substantial funds for medical expenses of the children.
At the June 28, 1993 hearing, the father, appearing pro se, presented uncontroverted documentary evidence that in 1992, the children stayed overnight with him for a total of 101 days or twenty-eight percent of the year. The father also introduced documentary evidence showing he had paid his required share of uninsured orthodontic costs. In addition, documentary evidence showing miscellaneous payments to a child care provider and for two magazine subscriptions was presented. The father argued that he also had expenses for groceries, gas, housing, clothing, gifts, and toys during the time the children stayed with him, although he presented no evidence of these expenses.
The mother testified that since the divorce, she has maintained the children's primary residence. The mother declared that she provided all the children's clothing, personal hygiene items, bicycles and toys, even when the children were staying with the father. In addition, the mother testified she paid for any extracurricular activities of the children, including swimming and karate lessons. According to the mother, the father has refused to share in those expenses. The mother also maintained supplemental health care coverage for the children which has paid for some services not covered by the father's health insurance program.
Since the father established that the children stayed overnight with him for more than the requisite percentage of the year, the district court found the determinative factor in granting or denying a modification of the child support obligation to be the father's contribution to the expenses of the children. The district court concluded that the evidence did not support a finding that the father had made a "substantial and meaningful" contribution to the children's expenses. Instead, the evidence disclosed that the father made no substantial contributions beyond the support obligations contained in the divorce decree.
The district court has continuing jurisdiction to enforce or modify the terms of a child support obligation.
(a) In granting a divorce or annulment of a marriage, the court may make such disposition of the children as appears most expedient and beneficial for the well-being of the children. * * * Either parent may petition to enforce or revise the decree. The court which entered the decree has continuing subject matter and personal jurisdiction to enforce or revise the decree concerning the care, custody, visitation and maintenance of the children as the circumstances of the parents and the benefit of the children requires.
Wyo.Stat. § 20-2-113(a) (1994). Under the Child Support Enforcement Act, Wyo.Stat. §§ 20-6-101 through 20-6-401 (1994), any party may petition for a modification of a child support order by alleging that the application of the child support guidelines will result in a twenty percent change in the monthly support amount. Wyo.Stat. § 20-6-306. The party may also allege that a substantial change in circumstances has occurred creating the need for a modification of the child support order. Hasty v. Hasty, 828 P.2d 94, 97-98 (Wyo.1992).
When a district court decision on a modification of a child support obligation is challenged on appeal, this court limits its review to a determination of whether the district court abused its discretion or violated a legal principle. Pauling v. Pauling, 837 P.2d 1073, 1080 (Wyo.1992); Harrington v. Harrington, 660 P.2d 356, 360 (Wyo.1983). "Abuse of discretion occurs when a court exceeds the bounds of reason or commits an error of law." Combs v. Sherry-Combs, 865 P.2d 50, 55 (Wyo.1993). See also Crawford v. Crawford, 828 P.2d 1192, 1194 (Wyo.1992) and Martinez v. State, 611 P.2d 831, 838 (Wyo.1980).
Wyoming's child support guidelines, Wyo.Stat. §§ 20-6-301 through 20-6-306 (1994) (), provide a means to calculate the amount of child support which is "rebuttably presumed to be the correct amount of child support to be awarded in any proceeding to establish or modify temporary or permanent child support amounts." Wyo.Stat. § 20-6-302(a). The child support guidelines consider the combined income of both parents and the number of children that a child support obligation will benefit. Wyo.Stat. § 20-6-304(a). Deviation from the presumptive child support obligation is permitted when a finding is made by the district court that it would be unjust or inappropriate to follow the child support guidelines. Wyo.Stat. § 20-6-302(b). In determining whether to deviate from the child support guidelines, the district court may consider an open-ended list of factors, including: the amount of time the children spend with each parent; the value of the services contributed by either parent; special health or educational needs; and other factors the district court considers relevant. Id.
At issue in this proceeding is the language of the shared physical custody provision of the child support guidelines, which provides:
(d) When each parent keeps the children overnight for more than twenty-five percent (25%) of the year and both parents contribute to the expenses of the children in addition to the payment of child support, a joint presumptive support obligation shall be determined by use of the tables. After the joint presumptive child support obligation is derived from column three of the tables, that amount shall be divided between the parents in proportion to the net income of each. The proportionate share of the total obligation of each parent shall then be multiplied by the percentage of time the children spend with the other parent to determine the theoretical support obligation owed to the other parent. The parent owing the greater amount of child support shall pay the difference between the two (2) amounts as the net child support obligation.
Wyo.Stat. § 20-6-304(d) (Cum.Supp.1993) () (emphasis added).
We are asked to consider the meaning and constraint of language which speaks of a child's welfare in terms of a mathematical formula. The father argues that the shared physical...
To continue reading
Request your trial
-
Bruegman v. Bruegman
...evidence, we accept the evidence of the successful party as true and give all favorable inferences to that evidence." Cranston v. Cranston , 879 P.2d 345, 351 (Wyo. 1994) (citing Hill v. Zimmerer , 839 P.2d 977, 981 (Wyo. 1992) ). "We leave out of consideration entirely the conflicting evid......
-
Van Fleet v. Guyette
...of evidence presented by the unsuccessful party. Triggs [v. Triggs ], 920 P.2d [653,] 657 [ (Wyo. 1996) ]; Cranston v. Cranston , 879 P.2d 345, 351 (Wyo. 1994). Findings of fact not supported by the evidence, contrary to the evidence, or against the great weight of the evidence cannot be su......
-
Elsome v. Elsome
...851 P.2d 599 (1993); Udy v. Udy, 893 P.2d 1097 (Utah App.1995); Ewing v. Ewing, 21 Va.App. 34, 461 S.E.2d 417 (1995); Cranston v. Cranston, 879 P.2d 345 (Wyo.1994). In the instant case, the decree provided that Paul and Ann each had "joint legal custody" of both of their children, but neith......
-
Meehan-Greer v. Greer
...inference while omitting any consideration of evidence presented by the unsuccessful party. Triggs, 920 P.2d at 657 ; Cranston v. Cranston, 879 P.2d 345, 351 (Wyo.1994). Findings of fact not supported by the evidence, contrary to the evidence, or against the great weight of the evidence can......