JOHN M. ZUPAN, JR., Appellant (Plaintiff),
HEATHER M. ZUPAN, Appellee (Defendant).
from the District Court of Hot Springs County The Honorable
Norman E. Young, Judge
Representing Appellant: Amanda K. Roberts of Lonabaugh and
Riggs, LLOP, Sheridan, WY; and Bobbi D. Overfield of
Messenger & Overfield, P.C., Thermopolis, WY.
Representing Appellee: Wendy Press Sweeney, Worland, WY.
BURKE, C.J., and HILL, DAVIS, FOX, and KAUTZ, JJ.
Father challenges an order modifying his child support
obligation and argues that Mother did not show a material
change in circumstances to justify that modification. Father
also contends that even if a modification was appropriate,
the district court miscalculated the amount. We will affirm.
Father presents two issues for our review:
1. Modification of Child Support was improper pursuant to the
2. Even if Modification of Child Support was appropriate, the
district court erred in its determination of Father's
child support obligation.
Father and Mother married in 1996 and had two children, a
girl born in 1997 and a boy born in 2000. The parties
divorced in 2004 and agreed to share custody. Their agreement
provided that they would alternate residential custody on an
annual basis, with the custody exchange taking place on July
15 of every year. The parties also agreed that Mother would
not pay child support, while Father would pay $500 monthly
while the children lived with Mother. The agreement was to
expire on July 15, 2008 and per the agreement, the parties
were to seek mediation if they could not agree on a custody
arrangement moving forward. As it turns out, in 2008 Mother
sought to hold Father in contempt for failing to mediate.
That was denied in district court, where the court also held
that the former custody and child support arrangement should
continue. Mother appealed, and this Court affirmed in
Zupan v. Zupan, 2010 WY 59, 230 P.3d 329 (Wyo.
In June of 2011, the parties stipulated to a modification of
custody. The modification provided that daughter would live
with Mother permanently, while son would continue with shared
custody. Father would pay $250 per month in child support for
daughter, and an additional $250 while both children lived
with Mother. This matter began in 2012 when Father filed a
Motion for Order to Show Cause, seeking to hold Mother in
contempt for failing to pay unreimbursed medical expenses for
the children. On May 4, 2012, Mother counterclaimed to modify
child support and requested that the modification be
retroactive to the date Father was served with the
counterclaim. After a hearing, the district court entered its
"Order Granting in Part and Denying in Part
Plaintiff's Motion for Order to Show Cause and Order
Modifying Judgment and Decree of Divorce." The district
court determined that Father owed $18, 813.81 in retroactive
child support from May of 2012 to January of 2015. The court
offset that amount by unreimbursed medical expenses Mother
owed to Father in the amount of $2, 069.16. The court ruled
no accrual of interest would occur if Father paid Mother
within 60 days of entry of the order. The court further ruled
that beginning on June 1, 2015, Father would pay monthly
child support in the amount of $466.55 for the parties'
son. Father's appeal followed this ruling.