Wyo. Code R. 049-0009-4
Child Support Program
Chapter 4: Case Closure Criteria
Effective Date: 05/20/1991 to 06/01/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.4.05201991
(a) A Non-PA IV-D case will be closed for any of the following reasons:
(i) The child support order is no longer in effect and arrearages are under one hundred fifty dollars ($150.00).
(ii) The obligor's location is unknown, and CSES has made regular attempts using multiple sources to locate him/her over a three-year period, all of which have been unsuccessful.
(iii) The Non-PA obligee has requested that the case be closed and there is no assignment to the state of arrearages which accrued under a support order.
(iv) The Non-PA obligee has failed to cooperate. Cooperation is essential to proceed, and notice has to be given to the obligee that the case will be closed unless specific actions are taken by the obligee.
(v) The Non-PA obligee applied for 'Location Only' services, and the Absent Parent is located, or location efforts were unsuccessful and the applicant cannot provide new information.
(vi) Paternity establishment was the necessary or requested service, and paternity cannot be established because:
(A) the action to establish paternity is barred by a statute of limitations; or
(B) a court or administrative process, or genetic tests have excluded the putative father and no other putative father has been identified.
(vii) The case became a Public Assistance case.
(viii) In the case where there is no support order, the absent parent is a citizen of, and lives in, a foreign country, and the state of Wyoming is unable to assert personal jurisdiction over him/her to establish a support obligation; and, either the State of Wyoming has been unable to establish reciprocity with the country where the obligor is located, or that country has been unable to establish the support order.
(ix) In the case where there is a support order, the absent parent is a citizen of, and lives in, a foreign country, and (s)he does not work for the U.S. government or a company with headquarters or offices in the United States, and has no reachable domestic income or assets; and either the State of Wyoming has been unable to establish reciprocity with the country where the obligor is located, or that country has been unable to enforce the support order.
(x) The obligor has died and no further action can be taken, including action against the obligor’s estate.
(xi) The Non-PA obligee dies and there is no estate.
(xii) The Non-PA obligee reconciles with the obligor, and no arrearages are assigned to the state.
(xiii) There is no child support order, and the last child dies, reaches the age of nineteen (19), or is emancipated.
(xiv) The obligor cannot pay child support for the duration of the child’s minority because the parent has been incarcerated and there is no chance for parole; or if the obligor has been institutionalized in a psychiatric institution. CSES must determine before closing the case that no income or assets are available which may be attached to satisfy the support obligation.
(b) CSES will send notice of case closure to the obligee sixty (60) calendar days prior to closing the case. The obligee may review the circumstances for case closure, provide additional information, and request that CSES reconsider the case closure. If the case is closed, the obligee may request at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order.
(a) Termination Due to Conflict of Interest - In the event that a conflict of interest or a conflict in strategy arises, CSES will notify the obligee and attempt to resolve the issues. If the issues cannot be resolved, CSES will close the case.
(b) Termination Due to Non-Cooperation - If the obligee fails to cooperate, CSES will inform the obligee in writing of its intent to close the case and what actions need to be taken by the obligee to keep the case open. If the obligee fails to meet those requirements, the case will be closed.
(c) Termination Due to Other Factors - CSES may close a case due to other factors as described in Section 7 of this chapter.
(d) Termination of an Non-PA Case by Obligee - An obligee may terminate a case at any time by informing CSES in writing of the obligee’s decision.
A IV-D Public Assistance case may be closed for any of the following reasons:
(i) The child support order is no longer in effect and arrearages are under one hundred fifty dollars ($150.00).
(ii) The obligor’s location is unknown, and CSES has made regular attempts using multiple sources to locate him/her over a three-year period, all of which have been unsuccessful.
(iii) Paternity establishment is the necessary service, and paternity cannot be established because:
(A) the action to establish paternity is barred by a statute of limitations; or
(B) a court or administrative process, or genetic tests have excluded the putative father and no other putative father has been identified;
(C) in accordance with 42 USC 303.5(b), CSES has determined that it would not be in the best interests of the child to establish paternity in a case involving incest or forcible rape, or in any case where legal proceedings for adoption are pending.
(iv) In the case where there is no support order, the absent parent is a citizen of, and lives in, a foreign country, and the State of Wyoming is unable to assert personal jurisdiction over him/her to establish a support obligation; and, either the State of Wyoming has been unable to establish reciprocity with the country where the obligor is located, or that country has been unable to establish the support order.
(v) In the case where there is a support order, the absent parent is a citizen of, and lives in, a foreign country, and (s)he does not work for the U.S. government or a company with headquarters or offices in the United States, and has no reachable domestic income or assets; and either the State of Wyoming has been unable to establish reciprocity with the country where the obligor is located, or that country has been unable to enforce the support order.
(vi) The obligor has died and no further action can be taken, including action against the obligor’s estate.
(vii) The obligor cannot pay child support for the duration of the child’s minority because the parent has been incarcerated with a sentence of at least 12 years remaining to be served; or if the obligor has been institutionalized in a psychiatric institution. CSES must determine before closing the case that no income or assets are available which may be attached to satisfy the support obligation.
(viii) The Public Assistance recipient has been determined to have good cause for not cooperating with the IV-D agency and the IV-A or IV-E agency has determined that support enforcement cannot proceed without harm to the child or the recipient.
(ix) The obligor’s parental rights have been terminated and no arrears are due.