Wyo. Code R. 049-0009-2
Child Support Program
Chapter 2: Application Procedures for IV-D Services
Effective Date: 05/20/1991 to 06/01/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.2.05201991
(a) As provided for in W.S.20-6-105, support enforcement services are available to any obligee residing in Wyoming. To be eligible for Non-PA IV-D or Location-Only Services, applicants must complete an application form, and pay fees described in Section 3 of this Chapter.
To be eligible for Location Services in cases of Parental Kidnapping or Child Custody Determinations, the applicant must complete an application form, and must be an authorized person, as follows:
(i) An agent or attorney of Wyoming who has the duty or authority under the laws of Wyoming to enforce a child custody determination;
(ii) A court having jurisdiction to make or enforce a child custody determination, or an agent of the court; or
(iii) An agent or attorney of the United States, or of the State of Wyoming who has the duty or authority to investigate, enforce, or bring prosecution with respect to the unlawful taking or restraint of a child.
(b) Public assistance recipients are eligible for IV-D services when the application for public assistance is completed. A recipient whose AFDC grant is discontinued automatically becomes a Non-PA recipient of IV-D services, without the necessity of completing a formal application, or the payment of a fee. The Non-PA services continue for a period of three (3) months immediately following the last month in which the family received AFDC. CSES will continue to provide IV-D services after the three (3) month period unless the obligee notifies CSES to discontinue services, or if CSES is unable to locate the obligee.
(a) Non-PA IV-D Services - Application for Non-PA services is made through the Division Field Office or a County Attorney, Prosecuting Attorney, or Clerk, and forwarded to CSES. Application may be made directly with CSES. Application is made by completing, signing, and dating the application form and paying the application fee.
(b) Non-Public Assistance Reapplication - A new application and an application fee will be required in cases where a previous Non-PA IV-D case existed but either the obligee or CSES has taken previous action to close the case.
(c) Application Required in Certain Former Public Assistance Cases - An application and a application fee will be required in cases where:
(i) the applicant is a former public assistance recipient and the case was closed prior to May 1, 1985; or
(ii) the applicant is an obligee who no longer receives public assistance and who requested in writing that continuing services be discontinued or the case was closed under CSES criteria.
(d) Non-PA Location-Only Services - Application for Non-PA Location-Only Services is made directly to CSES by completing, signing and dating the Application for Services, and indicating 'LOCATION ONLY'. This application may be made by any state or local agency or official seeking to enforce support obligations under the State Plan, from any court which has authority to issue an order against an absent parent, or from the custodial parent, legal guardian, attorney or agent of a child who is not receiving public assistance.
(e) Parental Kidnapping or Child Custody Determinations - CSES may request information from FPLS to locate a person for the purpose of enforcing any state or federal law with respect to the unlawful taking or restraint of a child or making or enforcing a child custody determination. Application for this service is made to CSES, after review and approval by the Office of the Attorney General of Wyoming. An application for location services under this subsection must be accompanied by a statement attesting that the information is being sought for the purpose of enforcing a state or federal law with respect to the unlawful taking or restraint of a child or making or enforcing a child custody determination.
(a) Initial Application Fee - A non-refundable application fee of twenty dollars ($20.00) is required of all Non-PA applicants. This initial application fee is not required for the providing of Non-PA IVD services to a person whose AFDC grant is terminated, unless the person requests that the Non-PA services be discontinued, and then later applies for Non-PA services.
(b) Location Only Services Fee - The fee for location-only services is fourteen dollars ($14.00) if no Social Security Number is provided on the non-custodial parent and ten dollars ($10.00) if a Social Security Number is provided.
(c) Tax Refund Intercept Program Fee - In addition to the initial application fee, a fee of twenty-five ($25.00) is retained by the Division from any collection made as a result of the TRIP services for Non-PA obligees.
(d) Contract Legal Services Costs - If it is necessary for CSES to contract with a private attorney on behalf of the Non-PA applicant, the applicant must sign an agreement to repay legal costs. Such payment of costs is in addition to the initial application fee.
(e) Public Assistance Recipients Exempt - Formal application for IV-D services and payment of fees is not required for current recipients of public assistance. Cost recovery will not be made for AFDC recipients.