O’Roake v. State of Wyoming, ex rel. Dept’ Family Svcs. (Wyoming 2021)

202 WY 90 (2021)
August 2021

Child support can continue beyond the age of majority if a child is mentally or physically disabled and incapable of self-support. The Department of Family Services filed extend support for a child beyond the age of the child’s majority due to the child’s diagnosis of a metabolic disorder. The court commissioner recommended modifying support, and the district approved the recommendation. The order continued support so long as the child was enrolled as a full-time college student. The father appealed. The Supreme Court reversed and remanded. Per statute, a child must be incapable of self-support for child support to continue beyond the age of majority. The order found the child incapable of self-support due to his diagnosis but conditioned payment of support on the child’s enrollment in college. This created an inconsistency. The Supreme Court remanded with instructions to correct the inconsistency. ex rel. Dept’ Family Svcs,. 202 WY 90 (2021). Child support can continue beyond the age of majority if a child is mentally or physically disabled and incapable of self-support. The Department of Family Services filed extend support for a child beyond the age of the child’s majority due to the child’s diagnosis of a metabolic disorder. The court commissioner recommended modifying support, and the district approved the recommendation. The order continued support so long as the child was enrolled as a full-time college student. The father appealed. The Supreme Court reversed and remanded. Per statute, a child must be incapable of self-support for child support to continue beyond the age of majority. The order found the child incapable of self-support due to his diagnosis but conditioned payment of support on the child’s enrollment in college. This created an inconsistency. The Supreme Court remanded with instructions to correct the inconsistency.