Wyo. Code R. 049-0009-2
Child Support Program
Effective Date: 11/01/2007 to 01/06/2010
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.2.11012007
(a) 'Account' - Demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund.
(b) 'Act' - The federal Social Security Act including 42 U.S.C. § 651 et seq.
(c) 'Administrative Records Review' - Review by the Child Support Enforcement Division (CSED) of the records concerning the obligations and payments of an obligor to determine current arrearages, if any.
(d) 'AFDC' - Aid to Families with Dependent Children program, formerly administered by DFS pursuant to Title IV-A of the Act.
(e) 'Application' - A written request for Title IV-D services.
(f) 'Arrearage' - Past due child support, past due medical support, past due spousal support, attorney fees, guardian ad litem fees, costs, interest and penalties, but does not include property settlements.
(g) 'Assignment' - The assignment of rights to the state for past, present, and future child support payment(s) when an individual applies for and receives AFDC, Temporary Assistance for Needy Families (TANF) or Personal Opportunities with Employment Responsibilities (POWER) benefits.
(h) 'Benefits Specialist' - An employee of DFS who determines eligibility of the POWER performance payment.
(i) 'Child Support Attorney' - An attorney contracted with or employed by DFS to provide services under Title IV-D of the Act.
(j) 'Clerk' - For the purpose of receipt, distribution, and disbursement of child support, the clerk of district court in this state where the obligor is ordered to make payments, or where mandated by law, the state disbursement unit.
(k) 'Consumer reporting agency' - A person or company regularly engaging, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties and uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
(l) 'Contested case hearing' - Any administrative hearing conducted pursuant to the Wyoming Administrative Procedure Act, Wyo. Stat. § 16-3-102, Wyo. Stat. § 9-2-2104(a)(v), Wyo. Stat. § 20-6-111, and DFS Contested Case Hearing Rules.
(m) 'Cooperate' - Includes, but is not limited to, the following:
(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;
(iv) Paying to CSED any support payments received from the noncustodial parents that are covered by an assignment;
(v) As to Non-Public Assistance obligees, reporting any support payments received 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 CSED with current address or telephone information;
(viii) Providing CSED with a correct social security number for any party or child;
(ix) Notifying CSED if a private attorney is hired;
(x) Giving CSED prior notice before entering into any agreement, waiver, stipulation, or modification that would affect the child support award or arrears;
(xi) Signing complaints and affidavits and providing testimony in court as needed.
(n) 'CP' - Custodial Parent - A natural or adoptive parent or other person who has legal custody of a child.
(o) 'DFS' - The Department of Family Services.
(p) 'Disposable income' - Income as defined in subsection (cc) of this section less personal income taxes, social security and Medicare deductions, cost of dependent health care coverage for all dependent children and mandatory pension deductions.
(q) 'Duty of support' - An obligation to pay child support, including medical support, or child and spousal support, imposed 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, judgments for past due support, and a duty to provide medical support.
(r) 'CSED' - The Child Support Enforcement Division and other elements of DFS. CSED is the Title IV-D agency for the State of Wyoming.
(s) 'Fair Credit Reporting Act' - The Fair Credit Reporting Act as codified at 15 U.S.C. §1681.
(t) 'FCR' - Federal Case Registry - As set forth in Section 453(h) of the Act, an automated registry which contains abstracts of support order and other information including the names, social security numbers or other uniform identification numbers and state case identification numbers to identify the individuals who owe or are owed support and includes the names and social security numbers of the children of such individuals.
(u) 'FFY' – Federal Fiscal Year – The federal fiscal year beginning October 1st and ending September 30th.
(v) 'Federal Offset Program' - The service provided by CSED in cooperation with the federal government in which monies due an obligor from the federal government are intercepted for payment of overdue support owed.
(w) 'FPLS' - Federal Parent Locator Service - The Federal Parent Locator Service operated by the federal Office of Child Support Enforcement, U.S. Department of Health and Human Services, pursuant to Section 453 of the Act.
(x) 'Financial Institution' - A bank, savings and loan, thrift, federal or state credit union, benefit association, insurance company, safe deposit company, money-market mutual fund, or similar institution.
(y) 'Foster care' - Substitute parental care provided by DFS to children who are unable to remain in their own home, including room, board, supervision and guidance.
(z) 'Foster care maintenance' - Money paid by a state to meet the needs of a child in foster care.
(aa) 'Garnishment' - The procedure by which an obligee reaches tangible or intangible personal property of the obligor in the possession, control or custody of a third party, when a writ of garnishment has been issued against the obligor.
(bb) 'Genetic testing' - An analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one (1) or a combination of the following: deoxyribonucleic acid, blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins or red-cell enzymes.
(cc) 'Income' - Any form of payment or return in money to an individual, regardless of source. Income includes, but is not limited to, wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent-partial disability and permanent total disability workers' compensation payments, unemployment compensation, disability, annuity and retirement benefits, and any other payments made by any payor.
(dd) 'Income withholding order' - A court or an administrative order requiring a payer to withhold income due an obligor for payment to the obligee.
(ee) 'Initiating state' - State in which a proceeding pursuant to the Uniform Interstate Family Support Act (UIFSA), Wyo. Stat. § 20-4-139 through § 20-4-194, or substantially similar law is commenced.
(ff) 'Levy' - A legal process of obtaining money through seizure of real or personal property.
(gg) 'Liability for support'- 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, which includes child support, medical support and an ordered obligation to pay spousal support when a child support obligation is contained in the same order.
(hh) 'Lien' - A claim or encumbrance upon real or personal property.
(ii) 'Medicaid' - Medical assistance under a state plan approved under Title XIX of the Act.
(jj) 'Medical Child Support Order' - Means any judgment, decree or order (including approval of a settlement agreement) which:
(i) Provides for child support with respect to a child of a participant under a group health plan or provides for health benefit coverage to such a child, made pursuant to a state domestic relations law (including a community property law state) and relates to benefits under such plan; or
(ii) Is made pursuant to a law relating to medical child support described in Section 1908 of the Social Security Act (42 U.S.C. § 1396g-1) (as added by section 13822 (FOOTNOTE) of the Omnibus Budget Reconciliation Act of 1993) with respect to a group health plan, if such judgment, decree, or order (I) is issued by a court of competent jurisdiction or (II) is issued through an administrative process established under state law and has the force and effect of law under applicable state law. For purposes of this subparagraph, an administrative notice which is issued pursuant to an administrative process referred to in sub clause (II) of the preceding sentence and which has the effect of an order described in clause (I) or (II) of the preceding sentence shall be treated as such an order. 29 U.S.C. § 1169.
(kk) 'MSFIDM' - Multistate Financial Institution Data Match - An exchange of data between states' Title IV-D programs and multistate financial institutions to match account holders and child support obligors owing past due child support.
(ll) 'National Medical Support Notice' - Is used to enforce the provision of health care coverage for children of noncustodial parents who are required to provide health care coverage through an employment-related group health plan in accordance with a child support order or pursuant to Wyo.Stat. § 20-2-401 through 406.
(mm) 'NCP' - Noncustodial Parent - A natural or adoptive parent who does not have legal custody of a child.
(nn) 'Non-PA' - Non-Public Assistance - A child support case in which an individual is receiving Title IV-D services and is not an active recipient of POWER or Title IV-E foster care, but may be receiving other types of assistance such as food stamps, Medicaid, unemployed parent program, foster care or social services.
(oo) 'Notice to Payor' - The notice provided for in Wyo. Stat. § 20-6-210.
(pp) 'Obligee' - Any person entitled to receive support under an order for support and includes the agency of this or another jurisdiction to which a person has assigned the right to support.
(qq) 'Obligor' - A person owing a duty of support.
(rr) 'OCSE' - Federal Office of Child Support Enforcement of the United States Department of Health and Human Services.
(ss) 'Payor' - Any employer or other person owing income to an obligor.
(tt) 'POSSE' - Parental Obligation System for Support Enforcement (the CSED computer system for child support).
(uu) 'POWER' - Personal Opportunities with Employment Responsibilities program (the State of Wyoming TANF Program).
(vv) 'Program Income' – All fees which are collected and all interest and other income earned under Title IV-D.
(ww) 'PA' - Public Assistance - The benefits provided by POWER or Title IV-E and also refers to a Title IV-D case for recipients of these benefits.
(xx) 'Responding state' - A state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under the Uniform Interstate Family Support Act (UIFSA) or a law or procedure substantially similar to UIFSA, the Uniform Reciprocal Enforcement of Support Act (URESA), or the Revised Uniform Reciprocal Enforcement of Support Act (RURESA).
(yy) 'Secretary' - Means the Secretary of the federal Department of Health and Human Services.
(xx) 'SSI benefits' - Supplemental Security Income benefits.
(yy) 'State' - A state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico and includes any foreign jurisdiction which has URESA, RURESA, UIFSA, or a substantially similar reciprocal law in effect.
(zz) 'SDU' - State Disbursement Unit - The central location operated by the state for receiving, receipting, distributing and disbursing child support payments and the clerk of district court in this state where the obligor is ordered to make payments.
(aaa) 'State plan' - The Title IV-D state plan for child and spousal support under Section 454 of the Act.
(bbb) 'Support order' - Any order entered by a court or administrative agency of this or another state which orders support of a child or a child and a spouse, including medical support provisions.
(ccc) 'TANF' - The Temporary Assistance for Needy Families program which replaced AFDC.
(ddd) 'Title IV-A' - Section of the Act as amended (codified at 42 U.S.C. §§ 601 through 617) which establishes financial assistance payments.
(eee) 'Title IV-D' - Section of the Act (codified at 42 U.S.C. §§ 651 through 669) which establishes the federal Child Support Enforcement Program.
(fff) 'Title IV-D Case' – A case accepted for child support services pursuant to Title IV-D of the Act, the child support enforcement act, and related laws.
(ggg) 'Title IV-E' – Section of the Act as amended (codified at 42 U.S.C. §§ 670 through 676) which establishes the federal Foster Care Program.
(hhh) 'UIFSA' – Uniform Interstate Family Support Act (Wyo. Stat. §§ 20-4-139 through 194).