Changing an order, or making the other parent follow it.
A decree is written for the family that existed the day it was signed, and the order does not change when the family does. Wyoming lets either parent ask to modify custody, support or alimony on a material change in circumstances, and gives the court tools, from wage withholding to jail, against a parent who ignores what the order says.
Call or text me. Clients get my cell number from day one, and I answer. Just been served? Here's what happens next.
The change, the petition, the court's tools.
Custody: "a material change in circumstances since the entry of the order," plus the children's best interests (W.S. § 20-2-204(c)). Support: a twenty-percent gap from today's guideline, once the order is six months old, is by statute enough (W.S. § 20-2-311(a)).
To the court that entered the order. The Child Support Program may petition on support for either parent, and every three years either parent can ask for a guideline review without showing any change. Another state's order must be registered here first.
Modify the order. Hold a parent who "willfully violated" it in contempt, award fees, and grant "any other relief" needed (W.S. § 20-2-204(b)). Judgment for every missed payment, withholding, license suspension, jail for a parent who can pay and will not.
The standard for each kind of order.
- Custody: the material change. First, the parent asking must show "a material change of circumstances which outweigh society's interest in applying the doctrine of res judicata." Relocation counts; so, by statute, does "repeated, unreasonable failure by the custodial parent to allow visitation." Only then the eleven factors.
- Support: the twenty-percent rule. Once an order is six months old, a twenty-percent guideline move means the court "shall consider there to be a change of circumstances sufficient to justify the modification." An order "is not subject to retroactive modification"; changes run only from the date of service.
- Alimony: the decree, revisited. On either party's petition the court may change the amount and how it is paid (W.S. § 20-2-116). The Supreme Court requires a material and substantial change and does not count the payor's own choices. Nobody may stop the checks on their own.
- Enforcement: contempt last. Civil contempt, restated by the Supreme Court in June 2025: an effective order requiring certain conduct, knowledge of it, and willful disobedience, proved by clear and convincing evidence. A parent who cannot pay is not in contempt; one who chose not to is.
- 01A letter with the order attached, the dates, and the amount or the missed exchanges
- 02Income withholding entered or expanded to collect current support plus arrears
- 03The Child Support Program's administrative tools: tax-refund offset, license suspension, credit reporting, liens, passport denial
- 04A motion for an order to show cause, with a judgment for the arrears or a record of the withheld parenting time
- 05The contempt hearing: findings, attorney's fees, make-up time, a purge amount or payment plan
- 06Jail until the purge is paid, and, for support owed across state lines, referral for federal prosecution
The usual sequence, not a statutory one. The Child Support Program's own manual says contempt "is not the first enforcement action"; a parent with a steady paycheck rarely gets past step two.
Collection tools, and out-of-state orders.
What counts as a change, the no-hearing tools, interstate orders
What has, and has not, counted as a material change
The change has to be one not contemplated when the order was entered, it has to affect the children's welfare, and it has to be significant in relation to what is being asked; in September 2025 the Supreme Court affirmed a judge who refused to reopen custody over an estrangement that already existed at the divorce. Relocation by the custodial parent, and the distance it creates, has counted since 2012. A deployment does not count on its own. On support, both parents file new financial affidavits, and a parent laid off in January who files in June has paid five months at the old figure and will not see them again; a substantial change can be raised at any time, and every third year either parent may demand a guideline review with no showing at all. The support page explains the guideline the review applies. On alimony, the court has refused to count a payor's own choices, such as new debt or a voluntary drop in income. Alimony fixed by a settlement agreement can still be revised, but the court weighs the fact that the payor accepted it; the alimony page covers how the amount, the term and the ending events are set in the first place.
Contempt, in practice
The statutes give the district court the same power over custody, support and medical-support orders: it may require the parent to appear and "show just cause why the parent should not be held in contempt," and on a finding of willful violation it may award attorney's fees, costs and any other relief the circumstances require (W.S. § 20-2-310(b)). For withheld parenting time the relief is ordinarily make-up time, a more specific schedule, fees, and a warning on the record. For unpaid support it is a judgment, a purge amount that opens the jail door, and a payment plan with a return date. The difference between a parent who cannot pay and one who chose not to is proved with bank records and a work history.
The tools that need no hearing
Most support enforcement never reaches a courtroom. Each missed payment is "a judgment by operation of law" on the day it is due. The withholding order entered with every support order can be expanded, without a hearing, to take current support plus an amount toward arrears out of each paycheck up to the federal limit, and the Child Support Program, part of the Department of Family Services and open to either parent regardless of income, runs the rest. It reports arrears above $1,000 to the credit bureaus, perfects a lien against the obligor's property once arrears reach three months of support, intercepts federal tax refunds at $500 of arrears, and blocks a passport above $2,500. When arrears exceed $2,500 and no full monthly payment has been made for ninety consecutive days, it may suspend a driver's license on sixty days' notice unless the parent pays in full or enters an approved payment plan, with a right to a district-court hearing that stays the suspension (W.S. § 20-6-111(f)). It can ask the court to suspend a professional, hunting or fishing license as well. Willful nonpayment of more than $5,000, or for more than a year, for a child living in another state is a federal offense (18 U.S.C. § 228).
Orders that crossed a state line
Under the Uniform Child Custody Jurisdiction and Enforcement Act the court that made a custody determination keeps exclusive, continuing jurisdiction while a parent or the child remains there, and a Wyoming court may not modify another state's order until that state has lost or declined jurisdiction (W.S. § 20-5-303). Support orders follow the Uniform Interstate Family Support Act, which lets a Wyoming order be registered and collected where the paying parent now works, and the reverse. My post on which state decides custody and support explains how a family can end up with custody in one court and support in another; the divorce page covers the decree these orders come from.
Asked after the decree.
What counts as a material change in circumstances for custody in Wyoming?
How do I modify child support in Wyoming?
Can I stop paying child support if my ex will not let me see the children?
What happens if I do not pay child support in Wyoming?
Can alimony be modified or ended in Wyoming?
My former spouse moved to another state with the children. Which court enforces the order?
Start with a confidential conversation with Aaron Herzberg.
A consultation is a scheduled working session, in person in Jackson or by video, in which we go through your situation and I tell you what I would do. It is a paid working session, not a sales pitch. The fee is quoted when we schedule. Your note reaches me directly, my office runs the conflicts check and puts the meeting on my calendar, and you can call or text any time.
40 E Simpson Ave, Jackson, WY 83001 · by appointment · video consultations for out-of-state clients · info@puzzlegroup.com