Wyo. Code R. 049-0009-1
Child Support Program
Chapter 1: Authority and Reasons for Rules
Effective Date: 05/20/1991 to 06/01/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.1.05201991
(a) W.S. Section 9-2-101 created the Division of Public Assistance and Social Services within the Department of Family Services. The Child Support Enforcement Act (W.S. 20-6-101 through 20-6-110, 1984) requires that the Division of Public Assistance and Social Services (D-PASS) establish a program of enforcement services in cooperation with the federal government pursuant to Title IV-D of the Social Security Act and other applicable federal regulations, to aid in enforcing support obligations owed by obligors to their children, locating obligors, establishing parentage, obtaining child support, and providing locating services in cases of parental kidnapping.
(b) The Child Support Enforcement Section within D-PASS was created by the legislature in W.S. 20-6-103(b) to administer the enforcement program. W.S. 20-6-106 (m) (i) grants the Division the authority to adopt rules and regulations necessary to carry out the provisions of this act, and to provide the same services to applicant obligees who are not recipients of public assistance.
(c) The Director of the Department of Family Services is required to “promulgate reasonable rules and regulations, after consultation with the Departmental Advisory Council in compliance with the Wyoming Administrative Procedure Act, for the implementation of all state and federal public health, welfare, rehabilitation and mental health laws: [W.S.9-2-106(a) (vii)]”. Pursuant to that mandate, the following rules of general applicability to the Child Support Enforcement Section are hereby promulgated.
(a) “Absent parent” is the natural or adoptive parent who is not residing with the child.
(b) “Act” is the federal Social Security Act as amended.
(c) “AFDC” is the Aid to Families with Dependent Children Program administered by the Division pursuant to Title IV-A of the Act.
(d) “Arrearage” is all amounts past due on an ordered support obligation, including amounts unpaid on a medical support obligation that have been reduced to a money judgment if the APRIL 1991 obligation is contained in an order for child support; and amounts unpaid on a judgment for reimbursement of public assistance under W.S.20-6-106.
(e) “Assignment” is the assignment of rights to support to the state for past, present and future child support made by operation of law when an AFDC recipient applies for AFDC.
(f) “Clerk” is the clerk of the district court in this state.
(g) “CSES” is the Child Support Enforcement Section within the Division of Public Assistance and Social Services; CSES is the IV-D agency for the State of Wyoming.
(h) “Consumer reporting agency” is any person or company which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
(j) “Cooperate” is:
(i) Appearing as necessary to provide verbal or written information, or documentary evidence, known to, possessed by, or reasonably obtainable by the obligee;
(ii) Appearing as a witness at judicial or other hearings or proceedings;
(iii) Providing information, or attesting to the lack of information, under penalty of perjury;
(iv) Paying to the child support agency any support payments received from the absent parent that are covered by an assignment;
(v) As to Non-PA obligees, reporting any support payments they receive directly from the obligor or any source other than the collection point as designated in a court or administrative order for support;
(vi) Helping to obtain support payments or other payments, benefits or property due the recipient or child (e.g., filing for Social Security benefits for the child);
(vii) Providing CSES with current address or telephone information;
(viii) Providing CSES with a correct social security number;
(ix) Notifying CSES if a private attorney is hired and requiring that attorney to coordinate with CSES and cooperate in developing a joint strategy;
(x) Giving CSES prior notice before entering into any agreement, waiver, stipulation or modification that would affect the child support award or arrears; and
(xi) Sign complaints and affidavits, and provide testimony in court as needed.
(k) “County attorney/District attorney” is the public official of county government who has the duty to enforce civil and criminal laws relating to the failure to provide for the support of any person.
(m) “Court” is the district court of this state and when the context requires, is the court of any other state as defined in a substantially similar law of that state.
(n) “Department” is the Department of Family Services (DFS).
(o) “Disposable income” is that part of the income of any individual remaining after the deduction from total income of any amounts required by law to be withheld.
(p) “Division” is the Division of Public Assistance and Social Services (D-PASS) of the Department of Family Services.
(q) “Duty of support” is an obligation to pay child or child and spousal support, imposed or imposable by law, order, decree or judgment of any court or administrative agency, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance or otherwise, and includes the duty to pay past due support and/or judgments for past due support, and a duty to provide medical support.
(r) “Employer” is any person corporation, partnership, company, or entity which owes income to an obligor, including but not limited to the United States government, the State of Wyoming, any unit of local government and any school district.
(s) “Foster Care” is substitute parental care of children unable to remain in their own home, provided by the Division, including room and board, supervision and guidance.
(t) “Foster Care maintenance” is the money paid by the State to meet the needs of a child in foster care.
(u) “Federal Parent Locator Service” (FPLS) means the Parent Locator Service operated by the federal Office of Child Support Enforcement, U.S. Department of Health and Human Services, pursuant to section 452 (a) (9) of the Act.
“Field Office” is the local Division office in Wyoming.
(w) “IV-D Case” refers to the information relating to an individual who has applied for CSES services, or who receives CSES services due to current or past receipt of AFDC, Medicaid, IV-E benefits, or foster care maintenance payments, and includes a IV-D case in another state where CSES is providing services at the request of that state.
(x) “Income” is any form of periodic payment or return in money to an individual, regardless of source, derived from the individual’s business, labor, capital investment or property holdings. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability and permanent partial disability workers’ compensation payments, unemployment compensation, disability, annuity and retirement benefits, and any other payments made by any payor.
(y) “Initiating state” is a state in which a proceeding pursuant to the Uniform Reciprocal Enforcement of Support Act, W.S. 20-4-101 through 20-4-138 (URESA) or substantially similar reciprocal law is commenced. “Initiating court” means the court in which a proceeding is commenced.
“Law” means both common and statutory law.
(aa) “Liability for Support” is an obligation of support due a child who has been abandoned, neglected or not adequately supported by any person legally responsible to provide such support, and includes an ordered obligation to pay spousal support when a child support obligation is contained in the same order.
(bb) “Non-Public Assistance (Non-PA)” obligee is an individual who is receiving IV-D services, and is not an active recipient of AFDC or IV-E Foster Care, but may be receiving other types of assistance including but not limited to food stamps, Medicaid, unemployed parent program, Foster Care, or social services.
(cc) “obligee” is any person entitled to receive support under an order of support and includes the agency of this or another jurisdiction to which a person has assigned the right to support. Obligee includes any person who could be reasonably expected to be owed support if establishment of paternity or a support order were pursued.
“Obligor” is a person owing a duty of support.
“PLS” or State PLS” is the Parent Locator Service operated by the CSES.
(ff) “Prosecuting attorney” is the public official of county government who has the duty to enforce civil and criminal laws relating to the failure to provide for the support of any person.
(gg) “Public Assistance (PA)” is the benefit provided by AFDC or IV-E, and also refers to a IV-D case for recipients of these benefits.
(hh) “Responding state” is a state in which any responsive proceeding pursuant to the URESA proceeding in the initiating state is commenced. “Responding court” is the court in which the responsive proceeding is commenced under URESA.
“SSI benefits” are supplemental security income benefits.
(jj) “State” is a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and includes any foreign jurisdiction, which has a URESA or a substantially similar reciprocal lain in effect.
“State plan” is the IV-D state plan for child and spousal support under section 454 of the Act.
(ll) “Support order” is any order entered by a court or administrative agency of this or another state which provides for payment for the support of a child or a child and a spouse, including medical support provisions.
(mm) “Tax Refund Intercept Program (TRIP)” is the service provided by CSES in cooperation with the Internal Revenue Service to intercept an absent parent’s income tax refund for payment of overdue support owed by the absent parent to the obligee.
“Title IV-D(IV-D)” is the title of the Act (42 U.S.C. 651 through 668), which established the federal child support enforcement program.
(oo) “Title IV-E (IV-E)” is the title of the Act at amended (42 U.S.C. 670 through 676), which established the Federal Foster Care program.
(pp) “URESA” is the Uniform Reciprocal Enforcement of Support Act (W.S.20-4-101 through 20-4-138), or a substantially similar reciprocal law.
If any provision is declared unconstitutional or contrary to state or federal law or regulations, the remaining provisions shall not be affected by the declarations.