Wyo. Code R. 049-0009-3
Child Support Program
Chapter 3: Eligibility and Application For Services
Effective Date: 11/01/2007 to 01/08/2015
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.3.11012007
(a) As provided for in the Act, child support enforcement services are available to any eligible individual or obligor without regard to income or the receipt of public assistance benefits.
(b) To be eligible for Non-PA Title IV-D or parental location only services, applicants must complete an application form and pay fees as described in Section 3 of this chapter. To be eligible for location only 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 an attorney licensed to practice in the State of Wyoming who has the duty or authority under the laws of the State of Wyoming to enforce a child custody or visitation determination;
(ii) A court having jurisdiction to make or enforce a child custody or visitation determination (or an agent of the court); or
(iii) An agent of the United States or of the State of Wyoming who has the duty or authority to investigate, enforce, or commence criminal prosecution for the unlawful taking or restraint of a child.
(c) PA and Medicaid recipients are eligible for Title IV-D services when the application for PA or Medicaid is completed, without need for separate application or payment of a fee.
(a) Non-PA Title IV-D Services - Application may be made directly to CSED. Application is made by completing, signing, and dating the application form and paying the application fee. When an individual requests an application for Title IV-D services, CSED shall:
(i) Provide an application on the day the individual makes a request in person or send an application to the individual within no more than five (5) working days of a written or telephone request;
(ii) Accept an application as filed on the date it and the application fee are received; and
(iii) For all cases referred to the Title IV-D agency or applying for services, CSED shall within no more than twenty (20) calendar days of receipt of referral of a case or filing of an application for services, open a case by establishing a case record.
(b) Non-PA Reapplication - A new application and an application fee shall be required in cases where a previous Non-PA Title IV-D case existed but either the obligee or CSED has previously closed the case.
(c) Application required in certain former PA cases - An application and an application fee shall be required in cases where:
(i) The applicant is a former PA recipient and the case was closed prior to May 1, 1985; or
(ii) The applicant is an obligee who no longer receives PA and who requested in writing that services be discontinued or the case was closed under federal criteria.
(d) Non-PA Parental Location Only Services for Child Custody and Visitation Determinations - Application for Non-PA parental location only services is made directly to CSED by completing, signing, and dating the application for services, indicating 'LOCATION ONLY', and paying the application fee.
(e) Parental Kidnapping - CSED may request information from FPLS to locate a person for the purpose of enforcing any state or federal laws with respect to the unlawful taking or restraint of a child. Application for this service is made to CSED. CSED will submit the application to the office of the Attorney General of Wyoming for its review and approval. An application for location services under this subsection must be accompanied by a sworn statement attesting 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.
(a) Initial Application Fee - A non-refundable application fee of twenty-five dollars ($25) is required of each Non-PA applicant. Non-PA applicants are required to pay only one (1) application fee even if completing multiple applications. This initial application fee is not required for providing Non-PA Title IV-D services to a person whose POWER grant or Medicaid benefit is terminated, unless the person requests Non-PA services be discontinued or CSED has closed the case using federal criteria, and later the person applies for Non-PA services.
(b) Parental Location Only Services Fee - The fee for parental location only services is twenty-five dollars ($25).
(c) Federal Offset Program Fee - In addition to the initial application fee, a fee of twenty-five dollars ($25) is retained by CSED from any collection made as a result of the federal offset for Non-PA obligees.
(d) Child Support Enforcement Services Fee - In the case of a child support obligee who has never received Title IV-A public assistance and for whom CSED has collected at least $500 of support, CSED shall impose an annual fee of $25 for each case in which services are furnished. CSED shall retain the annual $25 fee from support collected on behalf of the obligee.
(a) Recipients of POWER and certain Medicaid subtypes are required to cooperate with all requirements of the Title IV-D program unless waived by the Title IV-A (Public Assistance) agency.
(b) The applicant or recipient has the right to claim good cause for non-cooperation if one (1) or more of the following circumstances exist and evidence is provided:
(i) Cooperation in establishing paternity or securing child support is reasonably anticipated to result in physical harm or emotional harm to the child or caretaker as demonstrated by previous court, medical, criminal, law enforcement, psychological, child protection or social services records;
(ii) The child, for whom support is sought, was conceived as a result of incest or rape as evidenced by birth, medical or law enforcement records;
(iii) Legal proceedings for the adoption of the child(ren) are pending before a court of competent jurisdiction as verified by legal documents; or
(iv) A public or private social agency is helping the applicant or recipients resolve the issue of whether to keep or relinquish the child(ren) for adoption as verified by a statement from the public or private social agency.