Wyo. Code R. 049-0009-3
Child Support Program
Chapter 3: Eligibility and Application for Services
Effective Date: 08/10/2022 to 07/03/2025
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.3.08102022
(a) As provided for in the Act, child support enforcement services are available to any eligible individual 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 shall complete an application form.
(c) To be eligible for location only services in cases of parental kidnapping or child custody determinations, the applicant shall complete an application form and shall 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.
(d) PA and Medicaid recipients are eligible for Title IV-D services when the application for PA or Medicaid is completed without the need for separate application.
(a) Non-PA Title IV-D Services - Application may be made directly to CSE. Application is made by completing, signing, and dating the application form. When an individual requests an application for Title IV-D services, CSE 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 is received; and (iii) For all cases referred to the Title IV-D agency or applying for services, CSE shall within no more than 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 Parental Location Only Services for Child Custody and Visitation Determinations - Application for Non-PA parental location only services shall be made directly to CSE by completing, signing, and dating the application for services, indicating 'LOCATION ONLY.'
(c) Parental Kidnapping - CSE 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 shall be made to CSE. CSE shall 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 shall 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.
(d) Reapplication - A new application shall be required in cases where the obligee requested closure or the case was closed following federal regulations.
(a) Federal Offset Program Fee - A fee of $25.00 shall be retained by CSE from any collection made as a result of the federal offset for Non-PA obligees.
(b) 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 CSE has collected at least $550.00 of support, CSE shall impose an annual fee of $35.00 for each case in which services are furnished. CSE shall retain the annual $35.00 fee from support collected on behalf of the obligee.
(a) Recipients of POWER and certain Medicaid subtypes are required to cooperate with CSE unless waived by the Department of Family Services or the Department of Health.
(b) The 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.