from the District Court of Laramie County The Honorable
Thomas T.C. Campbell, Judge
Representing Appellant: MSC, II, pro se.
Appellee: No appearance.
DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
J., delivers the opinion of the Court; FOX, J., files a
concurring in part and dissenting in part opinion, in which
DAVIS, C.J., joins.
Father appeals the denial of his W.R.C.P. 60(b)(6) motion for
relief from an income withholding order. Father also
challenges the district court clerk's assessment of an
$85.00 fee pursuant to Wyo. Stat. Ann. §
5-3-206(a)(vii). We affirm.
We address the following issues:
I. Did the district court err in denying the W.R.C.P.
60(b)(6) motion seeking relief from an income withholding
II. Was the $85.00 fee under Wyo. Stat. Ann. §
5-3-206(a)(vii) properly assessed when no transcripts were
On December 19, 2012, the district court entered an order
establishing custody and support for the parties' two
minor children, apparently based on a hearing that occurred
on September 4, 2012. Each of the parties was represented by
counsel. The district court waived the requirement that the
parties file financial affidavits. It did not determine a
statutorily presumed amount of child support, but did find
that "[d]eviation from the child support guidelines is
necessary[.]" The district court found that Father was
incarcerated, "and is not scheduled to be released until
late November, 2012" and was "not realistically
able to earn imputed income." The district court found
that it was in the children's best interests that Father
pay the statutory minimum child support-fifty dollars per
month-pursuant to Wyo. Stat. Ann. § 20-2-304(b)
(LexisNexis 2011). As required, the district court also
entered an income withholding order. Wyo. Stat. Ann. §
20-6-204(a) (LexisNexis 2011).
On April 2, 2018, more than five years after the Order
Establishing Custody and Support was entered, Father, relying
on W.R.C.P. 60(b)(6), filed a pro se motion entitled
"Petitioner's Motion for Relief from Child Support
Order." However, that motion asked the district court
"to relieve him from the Income Withholding Order, filed
December 19, 2012
Father contended that the minimum support obligation under
Wyo. Stat. Ann. § 20-2-304(b) (LexisNexis 2011) facially
contradicts 42 U.S.C. § 667(b)(2). This section of the
federal statutes establishes a "rebuttable
presumption" that the amount calculated for support
under state guidelines is the appropriate amount. 42 U.S.C.A.
§ 667(b)(2) (West 2011). In his motion, Father argued
Wyo. Stat. Ann. § 20-2-304(b) creates an irrebuttable
presumption in violation of the supremacy clause of the
United States Constitution. U.S. Const. art. VI, cl. 2; Wyo.
Stat. Ann. § 20-2-304(b) (LexisNexis 2011). The Wyoming
Legislature repealed Wyo. Stat. Ann. § 20-2-304(b) on
July 1, 2018. 2018 Wyo. Sess. Laws Ch. 42.
No responsive pleading was filed, and the district court did
not rule on Father's motion for relief. Accordingly,
Father's motion was "deemed denied" under
W.R.C.P. 6(c)(4). Father appealed. The district court clerk
charged the $85.00 fee required by Wyo. Stat. Ann. §
5-3-206(a)(vii). Father objected, claiming that because no
transcripts were necessary for his appeal, the fee was
improperly assessed. On appeal, Father asserts that mandatory
minimum child support is unconstitutional, and he challenges
the propriety of the $85.00 fee.
Mother, who would receive any child support Father paid, did
not participate at the trial court level or in this appeal.
On being served with a copy of Appellant's brief pursuant
to W.R.A.P 7.07, the Wyoming Attorney General's office
responded to Father's claim that Wyo. Stat. Ann. §
20-2-304(b) is unconstitutional by asserting that because
"Appellant's challenge is to the income withholding
order and not the original child support order, it does not
affect a substantial right and is not appealable." The
trial court ordered Child Support Services of Wyoming and the
Laramie County Attorney to respond to Father's objection
to paying the filing fee. Child Support Services responded
that it was not involved in this case. The Laramie County
Attorney filed a response asserting that Wyo. Stat. Ann.
§ 5-3-206(a)(vii) required the filing fee. The record
does not contain any decision from the district court on the
filing fee issue. Father did not name Laramie County or the
Laramie County Clerk of District Court as Appellees, and no
one responded to Father's claim that he should not have
been charged a filing fee in this Court.
the district court err in denying the W.R.C.P. 60(b)(6)
motion seeking ...