Wyo. Code R. 049-0009-3
Child Support Program
Chapter 3: General Services
Effective Date: 05/20/1991 to 06/01/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.3.05201991
(a) Non-PA IV-D Services - In the case of a child with respect to whom Non-PA IV-D services are being provided, CSES will attempt to locate the absent parent and the absent parent's resources for the purposes of establishing parentage and the support obligation, if required, enforcing the support obligation and collecting the support payment.
(b) Non-PA Location Only Services - In the case of a child with respect to whom Location-Only Services are being provided, CSES will attempt to locate the most recent address or employer of the absent parent. If, after exhausting all local, PLS, and FPLS location resources, CSES is unable to locate the absent parent, the services will be terminated. If after services are terminated by the client or the State, the applicant reapplies for services, the new request must be accompanied by an application and the required fee.
(c) Parental Kidnapping or Custody Determinations - In the case in which location services are provided in a Parental Kidnapping or Custody Determination case, CSES will attempt to locate the most recent address or employer of the parent or child. Access to information obtained for this purpose is restricted to authorized personnel whose duties require access in connection with child custody and parental kidnapping cases. The information shall be sent to the requestor, and no other use shall be made of the information. After the information is sent to the requestor, all confidential records and information related to the request shall be destroyed.
Upon determining a need for or receiving a request for establishment of paternity, an effort is made by CSES to locate the named absent parent. After the alleged father is located, he is advised that he has been identified as the father of a child in need of support and is requested to promptly respond.
(a) If the alleged father responds to the contact, the needs and rights of the child are explained.
(b) A voluntary acknowledgment of paternity is sought, as well as a commitment to pay a reasonable amount of periodic child support following the child support guidelines in Chapter XIV. In addition, a provision for medical support, payment of medical expenses relating to the birth of the child, repayment of genetic test costs, legal fees, court costs, and recoupment of public assistance may be sought by CSES. The voluntary acknowledgment will be reduced to a judgment or court order.
(c) If the alleged father denies paternity, CSES may inform the obligee and request the obligee to supply any additional evidence she possesses to substantiate the allegation.
(d) The obligee must cooperate, including furnishing information, submitting to necessary genetic tests, and in negotiation of support issues. The obligee may be named as respondent in the legal action if it is determined necessary.
(e) CSES will then initiate legal action to obtain a court order establishing paternity, the support obligation, medical support, payment of medical expenses relating to the birth of the child, repayment of genetic test costs, legal fees, court costs, and recoupment of public assistance when applicable.
(f) Paternity and support order establishment will proceed as above in cases where a non-marital child has been placed, legally or voluntarily, with the putative father.
(g) CSES will not provide legal representation to any individual for legal actions regarding custody and/or visitation brought by the alleged father or the mother.
(a) If there is no court-ordered support, by reason of a lack of personal jurisdiction over the absent parent at the time a divorce was granted, in cases of marital separation, abandonment or desertion, in cases of court ordered or voluntary placement of a child in foster care, or for any other reason, CSES shall determine the financial circumstances of the parties involved to initiate legal action to obtain a court order for support following the guidelines in Chapter XIV. In addition, a provision for medical support, payment of medical expenses incurred by the child(ren), legal fees, court costs, and recoupment of public assistance may be sought.
(b) CSES will determine the cases appropriate for petition to modify support. An order for child support is not subject to retroactive modification except the order may be modified with respect to any period during which a petition for modification is pending, but only from the date notice of that petition was given to the non-petitioning parent.
CSES will attempt to enforce support orders using the following procedures and legal remedies, where appropriate:
(a) Income Withholding - CSES may agree that an immediate income withholding order not go into effect only under the following circumstances:
(i) If the obligor is receiving public assistance; or
(ii) If extraordinary circumstances warrant such an agreement, CSES must apply for income withholding under subsection (b) of W.S. 20-6-204 on any CSES case if the obligor's support arrearage equals or exceeds one month's arrearage. CSES must proceed with the implementation of a wage withholding action regardless of whether or not the arrearage is paid off.
(b) Tax Refund Intercept Project (TRIP)
(i) For Public Assistance cases, TRIP will be attempted when the amount of past-due support is not less than one hundred fifty dollars ($150.00), and the support has been delinquent for three (3) months or longer.
(ii) For Non-PA cases, TRIP will be attempted when the amount of past due support is at least five hundred dollars ($500.00), the support is owed to or on behalf of an unemancipated minor child who will not reach the age of majority by December 31 of the year of certification; and the obligee does not specifically request that this procedure be waived (see chapter XIII on Tax Refund).
If there is a court or administratively ordered support obligation, and the non-custodial parent is receiving Unemployment Compensation, CSES will initiate action to collect current support and arrears through interception of the Compensation.
(i) Civil - see Wyoming Code of Civil Procedure Title I Chapter 17, Article 6.
(ii) Criminal - see Wyoming Rules of Criminal Procedure, Rule 41.
(e) Security or Bonds - CSES may petition the court to require the obligor to post a security or bond to secure payment of child support when appropriate (W.S. 20-2-118, W.S.14-2-115, W.S. 20-3-102) CSES may consider it appropriate to request the court to impose a security or bond if the case meets the first three criteria listed below and at least one of the conditions listed under the fourth criteria below:
(i) the income received by the obligor or assets owned by the obligor are not so small that it would be counterproductive to require security because the cost of meeting the security would preclude payment of the support obligation.
(ii) CSES determines that income withholding, garnishment, or other forms of administrative enforcement are not viable or cost effective methods of resolving the support obligation.
(iii) payments are more than 90 days delinquent.
(iv) the case meets one of the following:
(1) the obligor is self-employed;
(2) CSES has reason to believe that the obligor is preparing to leave the State;
(3) CSES has reason to believe that the obligor intends to sell or dispose of assets thereby jeopardizing his ability to satisfy his or her ability to satisfy the support obligation;
(4) CSES has evidence that the obligor has sold or transferred assets resulting in the apparent inability to avoid payment of the support obligation;
(5) the obligor has a pattern of overdue support.
(f) Enforcement of Judgments
(i) Attachment and Garnishment - see Wyoming Statutes, Title I, Chapter 15.
(ii) Lien of Judgment and Enforcement by Execution - see Wyoming Statutes, Title I, Chapter 17.
(g) Criminal Non-support
(i) Misdemeanor of abandonment; second offense a felony-see U.S. 6-4-403.
(ii) High Misdemeanor desertion - see U.S. 20-3-101.
(h) Certification to U.S. District Court - pursuant to 45 CFR 303.73
(j) Full Collection by the Secretary of the Treasury - to be eligible under 45 CFR 303.71:
(i) There must be a support order;
(ii) Arrears accrued under the support order must be at least seven hundred fifty dollars ($750.00), not including interest, and there must be a reasonable collection potential;
(iii) At least six months must have elapsed since the last request for referral of the case to the Secretary of the Treasury;
(iv) CSES, another IV-D agency, the obligee, or the obligee's representative must have made reasonable efforts to collect the support through the state's own collection mechanisms.
Section 5. Services Not Provided.
Services which are not provided through the IV-D agency (to either the Non-Public Assistance or Public Assistance Cases) include the following:
(a) Enforcement of non-monetary court-ordered obligations, except for medical support (e.g., property distribution), or which are payable to a third party other than another state IV-D agency (e.g., payment of marital debts).
(b) Enforcement or defense of enforcement of visitation rights.
(c) Enforcement or defense of enforcement of custody rights.
(d) Intervention or representation in a dissolution of marriage action, unless necessary to establish a temporary support obligation on behalf of a Non-PA applicant who does not have legal representation in the dissolution matter.
(e) CSES will not seek a late payment penalty fee as described in W.S. 1-16-103. This should not be construed to mean that the obligee cannot seek a late payment fee. Such a fee is not considered to be child support.
(a) CSES may refer IV-D cases for legal action to a county attorney, assistant attorney general, or to a private attorney under contract with the Division. CSES will notify the obligee, in writing, when an action has been referred to an attorney. If referral is to be made to a private attorney, the Non-PA obligee is required to sign a promissory note to repay the legal costs out of any support collection. CSES will attempt to recover legal costs from the obligor. If accomplished, the promissory note will be returned to the obligee.
(b) A decision whether to make a referral to a private attorney is discretionary on the part of CSES. CSES will hold the final decision as to legal representation.
(c) CSES will determine, in consultation with the attorney who handled the district court case and with the Attorney General's Office, whether CSES will pursue an appeal from an adverse decision. The decision on whether to pursue an appeal will be based on what is determined to be in the best interest of the State. CSES will notify the obligee of its decision with regard to the appeal within fifteen (15) days of the time the judgment becomes final, and will advise the obligee of his/her right to retain private counsel at his/her own expense to pursue the appeal, and of the time in which the obligee's Notice of Appeal must be filed.
(d) If the obligee requests that CSES make a change in the attorney handling the obligee support case, CSES, in its discretion may make such a change. CSES may also initiate a change in representation in order to expedite or improve case processing.
(e) Civil actions in different jurisdictions: If one of the parties resides in a different state, URESA may be utilized.
(i) URESA remedies are in addition to or in substitution for any other remedies available.
(ii) The county or prosecuting attorney in this or another state will represent the obligee.
(iii) Private attorneys will not be utilized for interjurisdictional cases unless determined to be in the best interest of the State by CSES.