Lauderman v. Wyoming Department of Family Services

Lisa Lauderman (plaintiff) and Russell Nomura (defendant), unmarried, had one child together. Russell paid child support, and Lisa had custody. The Department of Family Services (DFS) (defendant) filed a motion to downwardly modify Russell’s support obligation. At the time of trial, Lisa was unemployed and staying at home with her newborn, who was unrelated to Russell. Lisa had worked as a welder on 12-hour shifts until she was terminated in November 2007 shortly before giving birth. Lisa admitted she was able to work and that jobs were available. Russell was the sole employee and owner at his own drywall business and asserted he was struggling to earn an income following the construction industry’s collapse in 2008. Russell testified and provided corroborating letters that he expanded his geographic reach and solicited multiple contractors in the area, none of whom had work for him. The district court held Lisa was voluntarily unemployed and imputed income equal to what she was earning as a welder. Given the 2008 construction-industry collapse, the court calculated Russell’s income using his 2008 actual business income and his projected future earnings, rather than his higher 2007 income. The court did not include the truck Russell bought in 2008 in his income, finding it a proper business deduction. The district court reduced Russell’s child-support obligation from approximately $1,100 per month to $650 per month. Lisa appealed, challenging the court’s income calculations.