Wyoming Family Attorney Shares Expert Tips on Spousal Support Enforcement and Compensation Strategies

Understanding Spousal Support (Alimony) in Wyoming

Spousal support, also known as alimony, is a financial payment made by one spouse to the other following a divorce. In Wyoming, the courts consider a variety of factors when determining whether to award spousal support, its amount, and its duration. These factors, outlined in Wyoming Statute § 20-2-114, aim to ensure a fair and equitable outcome for both parties.

• ⚖️ Factors Influencing Spousal Support Decisions:
• Earning capacity of each spouse
• Financial resources of each spouse
• The contribution of each spouse to the marriage, including homemaking and childcare
• The length of the marriage
• The age and health of each spouse
• Whether one spouse contributed to the education or training of the other
• The ability of the spouse seeking support to become self-sufficient

Enforcement Challenges in Wyoming: A Common Issue

Even with a court order in place, enforcing spousal support obligations can be challenging. Life circumstances change, and sometimes, the paying spouse fails to uphold their responsibilities. In Wyoming, several avenues are available to enforce spousal support orders, but navigating the legal system requires knowledge and persistence. Dealing with non-payment can add significant stress during an already difficult time.

Strategies for Spousal Support Enforcement in Wyoming

If your ex-spouse is not complying with the spousal support order, you have options in Wyoming. Here are some key strategies:

1. Contempt of Court Actions

🏛️ What it is: A contempt of court action is a legal proceeding where you ask the court to hold the non-paying spouse in contempt for violating the court order. This is a powerful tool because it carries potential penalties.

📝 How it works: You must prove to the court that the other party was aware of the spousal support order, had the ability to comply with it, and willfully failed to do so. Evidence such as bank statements, pay stubs (or lack thereof), and other financial records are crucial.

⚖️ Potential Outcomes: If found in contempt, the non-paying spouse could face:

• Jail time (though this is often a last resort)
• Fines
• Requirement to pay attorney's fees
• Wage garnishment

2. Wage Garnishment

💰 What it is: Wage garnishment involves directly withholding a portion of the non-paying spouse's wages to satisfy the spousal support obligation. This is often the most reliable enforcement method.

📝 How it works: You'll need to obtain a wage garnishment order from the court. This order is then served on the non-paying spouse's employer, who is legally obligated to withhold the specified amount from their paycheck and forward it to you or the Wyoming Department of Family Services (DFS) for disbursement.

📍 Wyoming Specifics: Wyoming adheres to federal guidelines regarding the maximum amount that can be garnished from an individual's wages. Typically, this is capped at 50% of disposable earnings if the individual is supporting another dependent and 60% if they are not. This can increase to 65% if there are arrears (past due payments).

3. Liens on Property

🏡 What it is: A lien is a legal claim against the non-paying spouse's property. This prevents them from selling or transferring the property without satisfying the spousal support debt.

📝 How it works: You can file a lien against real estate (land and buildings), vehicles, or other valuable assets owned by the non-paying spouse. This requires a court order and proper filing with the appropriate county recording office.

❗ Important Note: The lien gives you priority over other creditors if the property is sold or foreclosed upon. You will be paid from the proceeds of the sale.

4. Intercepting Tax Refunds

💸 What it is: The Wyoming Department of Family Services (DFS) can intercept the non-paying spouse's federal or state tax refunds to satisfy past-due spousal support obligations.

📝 How it works: You must apply to the DFS for this service. They will review your case and determine if you meet the eligibility requirements.

🔎 Requirements: Usually, there's a minimum amount of arrears required for tax refund interception. Contact the Wyoming DFS for specific details and application procedures.

5. Suspending Licenses

🪪 What it is: Wyoming law allows for the suspension of certain licenses (e.g., driver's license, professional licenses) for non-payment of spousal support.

📝 How it works: This action usually involves working with the Wyoming Department of Family Services (DFS). They can petition the court to suspend the non-paying spouse's licenses if they are significantly behind on their payments.

⚠️ Important note: The license suspension acts as a strong incentive for the non-paying spouse to become compliant with the court order.

Compensation Strategies: Recouping What You're Owed

Beyond simply enforcing the existing order, you may be able to pursue additional compensation for the hardship caused by the non-payment of spousal support. Here are some possible strategies:

1. Interest on Arrears

💰 What it is: Wyoming law allows for interest to accrue on unpaid spousal support. This means the non-paying spouse will owe you not only the principal amount but also interest on the outstanding balance.

📝 How it works: The specific interest rate is often determined by state statute or the court order itself. Make sure to track the arrears carefully and calculate the accumulating interest. You'll need to present this information to the court when seeking enforcement.

2. Attorney's Fees and Costs

💸 What it is: In many spousal support enforcement cases in Wyoming, the court can order the non-paying spouse to pay your attorney's fees and court costs. This is particularly likely if the court finds that the non-paying spouse's non-compliance was willful or in bad faith.

📝 How it works: You'll need to request attorney's fees and costs as part of your enforcement action. Provide detailed documentation of your legal expenses to the court.

3. Modification of Spousal Support Order

🔄 What it is: If the non-paying spouse's circumstances have changed significantly (e.g., job loss, disability), they may petition the court to modify the spousal support order. However, you can also request a modification if your circumstances have changed (e.g., increased expenses, decreased income) and the original support amount is no longer adequate.

📝 How it works: To modify a spousal support order in Wyoming, you must demonstrate a "material and substantial change in circumstances." The change must be significant and ongoing, not temporary. The court will then re-evaluate the factors outlined in Wyoming Statute § 20-2-114 to determine if a modification is warranted.

⚠️ Important: It's crucial to demonstrate how your needs have changed and why the original spousal support amount is no longer sufficient to meet those needs.

Practical Advice for Wyoming Residents

• 📁 Documentation is Key: Keep meticulous records of all payments made and missed. Maintain copies of all relevant documents, including the divorce decree, spousal support order, bank statements, and correspondence with your ex-spouse.
• 📧 Communicate in Writing: When communicating with your ex-spouse about spousal support, do so in writing (email or certified mail). This creates a paper trail that can be used as evidence in court.
• 👨‍⚖️ Seek Legal Counsel: Enforcing spousal support orders can be complex. Consult with an experienced Wyoming family law attorney to discuss your specific situation and explore your legal options. An attorney can guide you through the process, represent you in court, and protect your rights.
• 🤝 Consider Mediation: Mediation can be a less adversarial and more cost-effective way to resolve spousal support disputes. A neutral mediator can help you and your ex-spouse reach a mutually agreeable solution.
• 🗓️ Act Promptly: Do not delay in taking action if your ex-spouse is not paying spousal support. The longer you wait, the more difficult it may be to collect the arrears.

The Role of the Wyoming Department of Family Services (DFS)

The Wyoming DFS plays a significant role in enforcing spousal support orders. They can provide assistance with:

• 🔍 Locating non-custodial parents
• 🏛️ Establishing paternity
• 💰 Establishing and modifying support orders
• 💸 Collecting and distributing support payments
• ⚖️ Enforcing support orders through various methods, including wage garnishment and tax refund interception

Contacting the DFS can be a crucial first step in enforcing your spousal support order.

Long-Term Financial Planning

While enforcing spousal support is crucial, it's equally important to focus on your long-term financial stability. Consider these steps:

• 👩‍💼 Career Development: Invest in your education or training to increase your earning potential.
• 💰 Budgeting and Saving: Create a realistic budget and start saving for your future.
• 📈 Investment Strategies: Explore investment options to grow your wealth.
• 🩺 Healthcare Coverage: Ensure you have adequate health insurance coverage.
• 👴 Retirement Planning: Begin planning for your retirement early.

Taking proactive steps to secure your financial future will help you achieve independence and reduce your reliance on spousal support in the long run.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.