Smith v. Smith’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"This policy manifests a balance between the doctrine of finality of judgments which is supported by the doctrine of res judica-ta and the statutes providing for modification of the provisions of a decree relating to child eustody, support, and alimony. The trial court is charged with resolving that tension, and it must do so in the exercise of discretion."”

   4 later decisions quote this exact passage
   e.g. Ready v. Ready · Steele v. Steele

2. “(a) The presumptive child support established by W.S. 20-2-304 shall be re-buttably presumed to be the correct amount of child support to be awarded in any proceeding to establish or modify temporary or permanent child support amounts. Every order or decree providing for the support of a child shall set forth the presumptive child support amount and shall state whether the order or decree departs from that amount. (b) A court may deviate from the presumptive child support established by W.S. 20-2-304 upon a specific finding that the application of the presumptive child support would be unjust or inappropriate in that particular case. In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth fully in the order or decree. In determining whether to deviate from the presumptive child support established by W.S. 20-2-304, the court shall consider the following factors: (i) The age of the child; (ii) The cost of necessary child day care; (iii) Any special health care and educational needs of the child; (iv) The responsibility of either parent for the support of other children, whether court ordered or otherwise; (v) The value of services contributed by either parent; (vi) Any expenses reasonably related to the mother’s pregnancy and confinement for that child, if the parents were never married or if the parents were divorced prior to the birth of the child; (vii) The cost of transportation of the child to and f”

   2 later decisions quote this exact passage
   e.g. Ready v. Ready · Steele v. Steele

3. “We have had occasion to consider the statutory provisions in the context of petitions to modify child support in several instances. Cranston v. Cranston, 879 P.2d 345 (Wyo.1994); Smith v. Smith, 863 P.2d 624 (Wyo.1993); Pauling v. Pauling, 837 P.2d 1073 (Wyo.1992); Hasty v. Hasty, 828 P.2d 94 (Wyo.1992); Roberts v. Roberts, 816 P.2d 1293 (Wyo.1991); and Morehead v. Morehead, 811 P.2d 721 (Wyo.1991). In Morehead , we articulated the proposition that the guidelines structure a rebuttable presumption that constitutes a goal upon which judicial discretion remains in place to deviate from the guidelines. In Roberts , we noted the twenty percent deviation establishes a change of circumstances sufficient to justify a modification, but we held the court may deviate from the guidelines if it articulates a finding on the record that the application of the guidelines would be unjust or inappropriate. In Hasty , we identified an abuse of discretion by the district court in concluding it had to apply the guidelines strictly and could not deviate from them by considering support obligations to later-born minor children. In Pauling , we rejected an argument that the statute requires modification of child support upon a finding there would be a twenty percent change by application of the guidelines. There, we rearticulated the concept of a rebuttable presumption that modification would be warranted when application of the guidelines demonstrated the twenty percent deviation. We held the tria”

   1 later decision quote this exact passage
   e.g. Pasenelli v. Pasenelli