Wyo. Code R. 049-0009-7
Child Support Program
Chapter 7: Federal Offset Program
Effective Date: 01/08/2015 to 04/04/2017
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0009.7.01082015
(a) CSE shall notify noncustodial parents via first class mail, at the noncustodial parent's last known address, of CSE's intention to certify the noncustodial parent to the federal offset program for purposes of offsetting his/her federal funds, including federal tax refund offset and administrative offset. CSE shall notify noncustodial parents via first class mail, at the noncustodial parent's last known address, of CSE's intention to certify the noncustodial parent for federal passport denial, revocation or restriction. Notices shall be sent at least 30 days prior to a case being certified for federal offset or federal passport denial, revocation or restriction. Lack of actual notice to the noncustodial parent shall not result in decertification from the offset or passport list.
(b) Noncustodial parents who wish to contest certification of themselves or the arrearage amount shall contact their local child support office for an administrative records review.
(c) If the administrative records review changes the amount certified, CSE shall notify the OCSE.
(d) Noncustodial parents may request an administrative review in the State of Wyoming or in a state where the order was entered.
(i) Procedures for contesting in intrastate cases:
(A) Upon receipt of a complaint from a noncustodial parent in response to the advance notice or concerning a tax refund which has already been offset, CSE shall conduct an administrative review of the complaint to determine the validity of the complaint.
(B) If the complaint concerns a joint tax refund that has not yet been offset, CSE shall inform the noncustodial parent that the Secretary of the U.S. Treasury will notify the noncustodial parent's spouse at the time of offset regarding the steps to take to secure his/her proper share of the refund. If the complaint concerns a joint tax refund which has already been offset, CSE shall refer the noncustodial parent to the Secretary of the U.S. Treasury.
(C) If the administrative review results in a deletion of, or decrease in, the amount referred for offset, the Title IV-D agency shall notify OCSE in writing within time frames established by the OCSE and include the information specified by OCSE.
(D) If, as a result of the administrative review, an amount which has already been offset is found to have exceeded the amount of past due support owed, CSE shall take steps to refund the excess amount to the noncustodial parent promptly, regardless of whether this amount has been disbursed to the custodial parent.
(A) If the noncustodial parent requests an administrative review in the submitting state, the Title IV-D agency shall meet the requirements in (d)(i) of this section.
(B) If the complaint cannot be resolved by the submitting state and the noncustodial parent requests an administrative review in the state with the order upon which the referral for offset is based, the submitting state shall notify the state with the order of the request for an administrative review and provide that state with all necessary information, within 10 days of the noncustodial parent's request for an administrative review.
(C) The state with the order shall send a notice to the noncustodial parent and, in non-Title IV-A cases, the custodial parent, and make a decision within 45 days of receipt of the notice and information from the submitting state.
(D) If the administrative review results in a deletion of, or decrease in, the amount referred for offset, the state with the order must notify the OCSE in writing within time frames established by the OCSE and include the information specified by OCSE.
(E) Upon resolution of a complaint after an offset has been made, the state with the order shall notify the submitting state of its decision promptly.
(F) When an administrative review is conducted in the state with the order, the submitting state is bound by the decision made by the state with the order.
(G) Based on the decision of the state with the order, CSE in the submitting state shall take steps to refund any excess amount to the noncustodial parent promptly.
(a) CSE shall participate in the federal income tax refund offset program for the purpose of recovering child support debts pursuant to federal law.
(b) If the Secretary of the Treasury, through OCSE, notifies CSE an offset is being made to satisfy Non-PA past due support from a tax refund based on a joint tax return, CSE may delay distribution of the collected amount for a period not to exceed six (6) months.
(c) For eligible families, the CSE may request the Secretary to certify the amount of a child support obligation to the Secretary of the Treasury for collection under § 6305 of the Internal Revenue Code of 1986.
(i) For a case to be eligible for certification to the Secretary of the Treasury:
(A) There shall be a court or administrative order for support.
(B) The amount to be collected under the support order shall be at least $750.00 in arrears.
(C) At least six (6) months shall have elapsed since the last request for referral of the case to the Secretary of the Treasury.
(ii) CSE, the obligee, or the obligee's representative shall have made reasonable efforts to collect the support through the state's own collection mechanisms. CSE need not repeat actions taken by the obligee or obligee's representative CSE determines to be comparable to the state's collection mechanisms.
(d) Federal Offset Program Fee - A fee of $25.00 shall be retained by CSE from any collection made as a result of the federal income tax refund offset for Non-PA obligees.
(e) Obligees who receive IRS tax intercept payments which are retrospectively adjusted by the Secretary of the Treasury shall reimburse such payments to CSE for the amount of the adjustment.
(a) All case types that are eligible for federal income tax refund offset are eligible for administrative offset.
(b) Federal payments to obligors that may be offset for purposes of the Act include vendor and miscellaneous payments such as expense reimbursement payments and travel payments, federal retirement payments and federal salary payments.
(c) Federal payments shall be offset at a rate set by federal law.
(a) If the Secretary receives a certification from CSE that an obligor owes arrearages of at least $2,500.00, the Secretary shall transmit the certification to the Secretary of State who shall refuse to issue a passport to the obligor.
(b) The Secretary of State may take action to revoke, restrict or limit a passport previously issued to such an individual.
(c) Obligors are not automatically removed from the federal passport denial, revocation or restriction program when the debt drops below $2,500.00.
(a) Past-due support collected as a result of the federal offset program shall be distributed according to the Act.