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SWANEY v. STATE, DEPT. OF FAMILY SERVICES

No. S-10-0261.

256 P.3d 514 (2011)

2011 WY 105

Eugene Dale SWANEY, Appellant (Respondent), v. The STATE of Wyoming, DEPARTMENT OF FAMILY SERVICES, CHILD SUPPORT ENFORCEMENT, Appellee (Petitioner).

Supreme Court of Wyoming.

July 8, 2011.

Attorney(s) appearing for the Case

Representing Appellant: Julie Hernandez and Rick Martinez of Legal Aid of Wyoming, Inc., Cheyenne, Wyoming; Wendy S. Ross of Parsons and Cameron, P.C., Cheyenne, Wyoming.

Representing Appellee: Gregory A. Phillips , Wyoming Attorney General; Robin Sessions Cooley , Deputy Attorney General; Jill E. Kucera , Senior Assistant Attorney General; Christina F. McCabe , Assistant Attorney General.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] Mother and Father, though unmarried, had three children together. After the parties separated, Mother filed a Petition to Establish Paternity, Custody and Child Support. Mother obtained custody of the children and Father was ordered to pay child support. Father later became disabled, which eventually led to the issue presently before this Court: what credit, if any, should Father receive for disability benefit payments received after the...

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