Thomas v. Thomas, s. 95-181
| Decision Date | 18 March 1996 |
| Docket Number | 95-210,Nos. 95-181,s. 95-181 |
| Citation | 913 P.2d 854 |
| Parties | Leisa THOMAS, Appellant (Plaintiff), v. Gary THOMAS, Appellee (Defendant). Marva A. JACKSON, Appellant (Plaintiff-Obligee), v. John M. JACKSON, Appellee (Defendant-Obligor). |
| Court | Wyoming Supreme Court |
Eric A. Easton, Natrona County Attorney; William Chambers, Natrona County Child Support Enforcement, Casper, for appellants.
Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.
In these consolidated cases, the custodial parents appeal a district court's decisions modifying two child support decrees by lowering the age of majority for child support purposes from age nineteen to age eighteen.
We reverse and remand.
Appellants Leisa Thomas and Marva Jackson present the same issue for our review:
Where before the effective date of a statute changing the age of majority from nineteen (19) to eighteen (18) years a child support order specified 19 years as the age at which the divorced father's duty to make support payments would end, was the District Court in error in terminating the duty of support at the new age of majority?
Appellees Gary Thomas and John Jackson did not file briefs.
Leisa and Gary Thomas were divorced on August 19, 1992. Leisa Thomas was awarded custody of their minor child born on January 7, 1977. Gary Thomas was directed to pay child support in an order that stated Child Support: Defendant should be, and he hereby is, ordered to pay reasonable child support in the sum of $300 per month for the support of the parties' minor child. The Court finds that it would be unjust to follow the child support guidelines established in Section 20-6-304, Wyoming Statutes, in this case. Defendant shall pay child support on or before the 5th day of each month, commencing with August, 1992, and continuing each and every month thereafter until the minor child reaches the age of 19, is otherwise emancipated, or until further Order of the Court.
Gary Thomas failed to make child support payments for several months in 1994 and 1995. Following his request for modification, the district court upheld the current child support, found him in arrears, but found that the divorce decree should be amended, apparently to reflect that the age of majority was changed by the Wyoming Legislature, effective July 1, 1993, reducing it from nineteen years to eighteen years of age.
Marva and John Jackson were divorced on December 30, 1987. Marva Jackson was awarded custody of their four minor children, aged fourteen, twelve, eleven, and nine years. The child support decree ordered John Jackson to:
pay child support in the amount of $125.00 per month per child for a total of $500.00 per month beginning December 1, 1987.... maintain medical and health insurance on the parties' minor children so long as it is available through employment. All such health, dental, optical or other costs not covered by insurance shall be divided equally between the parties. Defendant shall pay the first $50.00 per month of the orthodontic bills for the parties' minor children, and Plaintiff shall pay all amounts thereafter. Each party shall maintain their existing life insurance policies, and name the minor children of the parties as beneficiaries.
John Jackson failed to make child support payments or medical bill payments and an enforcement action for child support arrears was filed. The Natrona County Child Support Enforcement Office filed a "Notice of Delinquency" alleging $25,351.76 was owed. John Jackson contended this figure was based upon an age of majority of nineteen. Calculating the age of majority as eighteen caused about an $8,000.00 difference. Following a hearing, the district court determined that the age of majority for the children is eighteen years of age.
These appeals followed.
Statutory interpretation is a question of law. In reviewing a district court's conclusion of law, we give it no deference. If the conclusion is in accordance with law, it is affirmed, and if it is not, the conclusion is corrected. Parker Land and Cattle Co. v. Wyo. Game and Fish Comm'n, 845 P.2d 1040, 1042 (Wyo.1993).
In 1993, the Wyoming Legislature changed the age of majority in a number of areas. 1993 WYO.SESS.LAWS. Chap. 1, § 1. Under Title 14 of the Wyoming Statutes, which pertains to children, WYO.STAT. § 14-1-101 (1977) was amended to read:
(a) Upon becoming EIGHTEEN (18) years of age, an individual reaches the age of majority and as an adult acquires all rights and responsibilities granted or...
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