Wyo. Code R. 049-0009-4
Child Support Program
Chapter 4: General Services
Effective Date: 07/03/2025 to Current
Rule Type: Current Rules & Regulations
Reference Number: 049.0009.4.07032025
(a) Title IV-D Services - In Title IV-D cases, CSP shall attempt to locate noncustodial parents and their resources to establish parentage and/or support obligations (if required), to enforce obligations, to collect support payments and to review support orders for adjustments. CSP shall use appropriate location sources such as:
(b) Non-PA Parental Location Only Services - In cases where parental location only services are provided, CSP shall attempt to locate the most recent address and employer of the noncustodial parent.
(c) Parental Kidnapping or Custody Determinations - Where parental location only services are provided in a parental kidnapping or custody determination cases, CSP shall attempt to locate the most recent address and employer of the parent, non-parent relative or child. Access to information obtained for this purpose shall be restricted to authorized person(s) as defined by 42 U.S.C. 663(d)(2) 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. The information that may be disclosed with respect to a child or relative of a child involved in a IV-B (state foster care) or IV-E case is limited to the following:
(d) Location and Verification of Employers and Benefits - CSP or any other state's agency providing services under Title IV-D of the Act 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 shall be in writing or submitted electronically and include the following:
(e) CSP may issue an administrative subpoena for financial or other information needed to establish, modify or enforce a support order.
(i) The Title IV-D Director shall sign the administrative subpoena and it shall be served via certified mail or personal service.
(ii) CSP may impose administrative penalties not to exceed $25.00 on any person failing to respond.
(iii) The subpoena may be contested solely by petitioning the district court.
(a) CSP shall provide an alleged father the opportunity to voluntarily acknowledge paternity.
(b) CSP shall attempt to establish paternity by legal process established under state law.
(c) CSP need not attempt to establish paternity in any case involving incest or forcible rape, or in any case in which legal proceedings for adoption are pending, if, in the opinion of the Title IV-D agency, it would not be in the best interest of the child(ren) to establish paternity.
(d) CSP shall facilitate the scheduling of genetic tests to determine paternity when appropriate. CSP shall petition the court for recovery of genetic testing costs in all cases.
(e) In a contested paternity case, CSP shall require the child(ren) and all other parties to submit to genetic testing if a sworn statement supports the request for genetic testing. The sworn statement shall allege paternity and set forth facts establishing a reasonable possibility of the requisite sexual contact between the parties or shall deny paternity and set forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties.
(f) Administrative Genetic Testing Orders - CSP may issue administrative orders for genetic testing at any time after the filing of a paternity action and following service on all necessary parties to the action.
(i) Administrative orders shall not be used where there is a presumed father;
(ii) Administrative orders shall be in a form approved by CSP and signed by the child support attorney appearing in the case; and
(iii) Administrative orders may be appealed to the appropriate district court.
(a) In Title IV-D cases without court ordered support, CSP may take steps necessary to establish a support obligation including, but not limited to, a court order for child support and medical support or health care coverage.
(b) When establishing medical support, CSP shall calculate 1) reasonable cost for health care coverage, 2) whether the insurance policy is accessible to the child, and 3) any cash medical support required by statute. In Title IV-D cases, CSP may order either parent to provide medical support for the child.
(c) When establishing child support orders, CSP shall apply the statutory presumptive child support guideline amount.
(d) Where appropriate, CSP will impute income pursuant to Wyoming Statute 2-20-307(b)(xi). CSP will also consider the following factors when determining if it is appropriate to impute income to the obligor or obligee.
(i) Availability for work (exclude periods when a parent could not work or seek work, e.g., hospitalization, incarceration, debilitating illness, etc.).
(ii) Diligence exercised in seeking appropriate employment.
(iii) Personal history, including present marital status, age, health, residence, means of support, criminal record, ability to drive, and access to transportation, etc.
(a) In Title IV-D cases with current support orders:
(i) At least every three (3) years, CSP shall notify each party subject to a child support order of their right to request a review of that order and CSP may take steps necessary to review that order and may petition to adjust a child and/or medical support obligation.
(ii) Within 180 calendar days of receiving a request for a review or locating the non-requesting parent, whichever occurs later, CSP shall conduct a review of the order and adjust the order or determine that the order should not be adjusted, in accordance with this section.
(iii) Every three (3) years, if there is an assignment in effect under Title IV-A of the Act, CSE shall review each support order being enforced under Title IV-D and, if appropriate, shall file a petition for the court to adjust the child support order in accordance with the statutory presumptive child support guidelines.
(a) In Title IV-D cases requiring enforcement, CSP may take steps necessary to enforce child and medical support orders including any remedies provided by federal or state law.
(b) In Title IV-D cases where the noncustodial parent is required to provide health care coverage pursuant to a child support order and for whom the employer is known, CSP shall enforce the provision of health care coverage for children, where appropriate, through the National Medical Support Notice (NMSN) as provided by federal or state law unless alternative coverage is allowed for in any order of the court or tribunal issuing the child support order or unless CSP has determined that satisfactory alternative coverage is currently provided for the children.
(i) Where appropriate, CSP shall transfer the NMSN to the employer within two (2) business days after an employee who is an obligor in a Title IV-D case is entered in the State Directory of New Hires. This transfer may be by electronic means.
(ii) The obligor has 20 days from the date of receipt of the NMSN within which to request a hearing or the opportunity for a hearing may be deemed waived.
(A) The request for hearing shall be made in writing to the court or tribunal of appropriate jurisdiction, with notice to CSP; and
(B) The request for hearing shall state the basis upon which the hearing is requested.
(iii) The obligor may contest the withholding based on any lawful grounds, including mistake of fact, according to the provisions of paragraph (ii) above. If the obligor contests withholding based on any lawful grounds, the employer shall initiate withholding until such time as the employer receives notice from CSP that the contest is resolved.
(iv) The CP, in consultation with CSP, shall promptly select from available insurance plan options when the insurance plan administrator reports that there is more than one (1) option available under the plan and shall take into consideration the income withholding of, and cost to, the obligor.
(v) The CP shall, for purposes of enforcing medical support orders in which the NCP is ordered to pay a portion of non-covered medical expenses, provide CSP with a court judgment providing for a judgment amount of non-covered medical expenses.
(vi) CSP shall promptly notify the employer when there is no longer a current order for medical support in effect for which the Title IV-D agency is responsible.
(c) CSP shall conform with the federal regulations and state law concerning medical support including use of the NMSN where mandated.
(a) CSP shall have a cause of action with respect to and may initiate, join, intervene or prosecute in any action for the establishment of paternity or support, enforcement, or modification of support in any Title IV-D case. These actions may be brought and maintained in the Department's own name.
(b) Attorneys contracted with or employed by CSP represent the interest of the State of Wyoming's Title IV-D agency or another state's Title IV-D agency and not the interest of any other party. No attorney-client relationship exists or is created between child support attorneys and individuals involved in any Title IV-D actions.
(c) CSP shall determine, in consultation with the Office of the Attorney General, whether to appeal an adverse decision. Decisions to appeal shall be based on the best interest of the State of Wyoming.
(a) CSP shall comply with UIFSA in processing all interstate Title IV-D cases.