Family Services, Dept. of

Child Support Program

Chapter 3: General Services

Effective Date: 06/01/1999 to 11/01/2007

Rule Type: Superceded Rules & Regulations

Reference Number: 049.0009.3.06011999

WYOMING DEPARTMENT OF FAMILY SERVICES

CHILD SUPPORT ENFORCEMENT DIVISION CHAPTER 3 GENERAL SERVICES

Section 1. Location of Noncustodial Parent.

(a) IV-D Services - In IV-D cases, CSED will attempt to locate noncustodial parents and their resources to establish parentage, support obligations (if required), enforcement obligations, collection of support payments and review of support orders for adjustments.

(b) Non-PA Location Only Services - In cases where location only services are being provided, CSED will attempt to locate the most recent address or employer of the noncustodial parent.

(c) Parental Kidnapping or Custody Determinations - Where location only services are provided in a parental kidnapping or custody determination cases, CSED 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 requester and no other use shall be made of the information.

(d) Location and Verification of Employers and Benefits - Where the identity or location of any individual who is a party to a case is necessary, CSED may require any employer of an individual to provide information on the employment, compensation, and benefits of an individual, whether employed as an employee or as a contractor. The request must be in writing on a form approved by CSED and include the following:

1. (i) the name of the individual whose information is sought;
2. (ii) CSED's statutory authority to request the information;
3. (iii) the nature of the information requested.

Section 2. Paternity Establishment.

(a) Genetic Testing - CSED shall facilitate the scheduling of genetic tests to determine paternity when appropriate.

(b) Administrative Genetic Testing Orders - The CSED may issue orders for genetic testing at any time after the filing of a paternity action and following service on all necessary parties to the action. Subject to the following:

1. (i) administrative will not be used where there is a presumed father;
2. (ii) administrative orders will be in a form approved by CSED and signed by the attorney appearing in the case

(c) CSED shall petition the Court for recovery of genetic testing costs in all cases.

Section 3. Establishment of Support Obligation.

In IV-D cases without court-ordered support, CSED may take steps necessary to establish a support obligation.

Section 4. Review and Adjustment of Support Obligation.

In IV-D cases requiring modification, CSED may take steps necessary to review and adjust a support obligation.

Section 5. Enforcement of Support Orders.

In IV-D cases requiring enforcement, CSED may take steps necessary to enforce support orders including, but not limited to, any remedies provided by federal or state law.

Section 6. Services.

Services provided by the IV-D agency are limited to those child support services defined and required by the Act.

Section 7. Legal Services.

(a) CSED shall have a cause of action with respect to and may initiate, join, intervene, or prosecute in any action for the establishment, enforcement, or modification of support, or establishment of parentage in any IV-D case. Such actions may be brought and maintained either in CSED’s own name or in the name of the obligee or obligor.

(b) CSED, its contractors and its attorneys, do not represent individual parties in any IV-D actions. No client-attorney relationship exists or is created between child support attorneys and individuals involved in IV-D actions.

(c) CSED will determine, in consultation with the Attorney General’s Office, whether to appeal an adverse decision. Decisions to appeal will be based on the best interest of the state.

Section 8. Uniform Interstate Family Support Act

The State of Wyoming adopted the federal Uniform Interstate Family Support Act (UIFSA) in 1995. CSED will comply with UIFSA in processing all interstate IV-D cases.

Section 9. Financial Institution Data Match

The State of Wyoming enacted legislation in 1996 to adopt the provisions of the Welfare Reform Act of 1996 pertaining to Financial Institution Data Match.