Title 20 Domestic Relations

20-3-102. Ordering of payments for support in lieu of

penalty; when authorized; term; release of defendant on probation; entering of recognizance; conditions of recognizance; providing for security. (a) Before trial with the consent of the defendant, or on entry of a plea of guilty or after conviction, instead of the penalty provided by W.S. 20-3-101(b) or in addition thereto, the court having regard to the circumstances and the financial ability or earning capacity of the defendant, may enter an order directing the defendant to pay a certain sum for not exceeding two (2) years, to the parent, the guardian or custodian of the minor child or children or to an organization or individual approved by the court as trustee. The court may release the defendant on probation for the period so fixed, upon a recognizance with or without surety in an amount as the court may order, conditioned that if the defendant appears in court whenever ordered and complies with the terms of the order of support or any modification thereof, the recognizance shall be void. (b) The court may require the defendant to provide any security of nonexempt property that the court deems satisfactory to secure the obligation to pay child support. (c) The court, upon petition and following notice and hearing, shall no longer require the order for security if the court determines: (i) Good cause no longer exists to require security to assure payment upon the obligation to pay child support; and (ii) There is no overdue support outstanding. (d) Once the obligor has satisfied the obligation to make child support payments as ordered by the court, the security shall be released.