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Wyoming State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
11 county child support offices for the 23 counties in Wyoming. The Northern Arapaho and Eastern Shoshone tribes both located on the Wind River Indian Reservation have their own federally recognized tribal child support programs separate from Wyoming's child support program.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
No
A2.1. If yes, what is the statutory citation?
N/A
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
W.S. 20-4-139 through 197
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Wyoming only requires one set of certified documents

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
The State of Wyoming reciprocates with the same countries that the Federal OCSE has agreements with.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Northern Arapaho and the Eastern Shoshone on the Wind River Indian Reservation for full child support services. Both programs are separate from the State of Wyoming child support program. Referrals for assistance can be sent directly to either program.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **
No, a complete copy of the order is needed for registration.

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age
D2. What is the statutory citation for the age of majority?
W.S. 14-1-101
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
18 years of age, or if the parents marry or remarry each other, or if the child dies, or if the child is legally emancipated. Wyo. Stat. 20-2-313
D4. Does the date of the order determine the law that is applied?
Yes
D4.1. If yes, please explain.
The age of majority is 19 in order filed before July 1, 1993.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
Emancipation occurs if the minor is married, is in the military service of the United States or has received a declaration of emancipation pursuant to Wyo. Stat. 14-1-203. Wyo. Stat. 14-1-201
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
A parent's legal obligation for support of children continues past the age of majority when the child is mentally or physically disabled and incapable of self support, or between 18 and 20 years old and attending high school or equivalent as full-time student. Wyo. Stat. 14-2-204
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
No, unless the order is a "per-child" order and the order states otherwise
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None.
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E2. What is your State's statute of limitations for paternity establishment?
No limitation for a child having no presumed, acknowledged or adjudicated father; however, after a child becomes an adult, the child must initiate the proceeding. For a child with a presumed father, the action must be commenced within a reasonable time after learning relevant facts, but in no event later than 5 years after birth.
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Judgments become dormant at 5 years, if no execution on the judgment, but law allows a judgment to be acted on within 21 years after dormancy for a total of 26 years.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Percentage of income of both parties.
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Some judges put interest in the support order and some don't. There may be a 10% penalty on current missed obligation payments. 10% interest may be charged on amount reduced to judgment.
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
10% interest may be charged on amount reduced to judgment.
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
10% interest may be charged on amount reduced to judgment.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Only if the medical debt is reduced to a court judgment by the CP or the CP's attorney
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
None
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Genetic Test Costs, Attorney Costs, Court Costs
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
n/a
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
W.S. 20-4-142
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Wyoming will enforce a spousal support order if it is included with a current child support order. Once the Child Support order has ended, Wyoming will not enforce a current spousal support order. Wyoming will not establish or modify a spousal support Order.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No, only parties financially responsible for the child would be required to submit financial information
F10.1. Optional comments regarding required information on spouse or partner.
n/a
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The fee is retained from the support collected by the CP after the first $500.00 has been distributed to the CP in the fiscal year.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
No
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
n/a
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
n/a
F15.2. When will your state discontinue each type of assignment?
n/a
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
Standard UIFSA documents required depending on the actual request.
For Additional Information - No Link Provided
F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
Standard UIFSA documents required depending on the actual request.
For Additional Information - No Link Provided
F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
Standard UIFSA documents required depending on the actual request as well as documents showing legal change of custody, such as Order of Guardianship.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
From custodial parent's distributions after $500.00 has been collected in the calendar year.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Court costs, genetic testing fees & service fees
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Pell grants, SSI benefits, Welfare benefits.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
Not less than 35% nor more than 65% of gross income after deducting federal taxes. Wyoming follows 15 U.S.C. 1673.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Not more than $5 for each withholding payment.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
First pay period following service.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
7 days after the employee is paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Employers are statutorily required to comply with instructions contained in the Notice/Order to Withhold Income. Penalties may be assessed to employers who don't comply with instructions in the Income Withholding Order.
G7. What is the penalty to an employer for failure to remit payments withheld?
Liable for any amount up to the total amount that should have been withheld.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
N/A
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G8.2. What documents are required to intercept UI benefits?
The State of Wyoming, Department of Employment Office does not accept direct income withholding requests across state lines. In order to withhold from Wyoming Unemployment Benfits, a full UIFSA request is required.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
Withholding orders should be sent to: Wyoming Worker's Compensation Division 1510 E Pershing Blvd Cheyenne WY 82001 Phone: 307-777-7159
G10. How does an obligor contest income withholding in your state?
Obligor files a petition through the district court based on wrong identity or incorrect arrearage amount.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Wyoming pro rates distribution across cases based upon a ratio of income withheld to amount of current support obligation.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
n/a
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
Personal income taxes, social security and Medicare deductions, cost of dependent health care coverage for all dependent children and mandatory pension deductions.
G13. When does your state require the employer to send notice of an employee's termination?
Within thirty (30) days after the obligor's employment terminates or the obligor ceases to receive income from the payor the payor shall give written notice thereof to the clerk. The notice shall include the following information: (i) When the obligor ceased to receive income from the payor or when the obligor left his employment; (ii) The last known address of the obligor; (iii) The name and address of the obligor's new payor if known.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Until further notice from the Clerk of District Court through a suspension notice or termination notice.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.
For Additional Information - No Link Provided
G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employer and Worker's Compensation.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Child Support first, then Medical Support.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
CP arrears are paid first, then Wyoming arrears and then other state's arrears are paid
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
Wyoming distributes payment based on the Federal Distribution rules
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
n/a
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
99%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
Effective July 1, 2003, a valid acknowledgement of paternity filed with the State Office of Vital Records, is equivalent to an adjudication of Paternity.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/2003
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
n/a
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
By an adjudication.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Paternity is only conclusive through adjudication or acknowledgment.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
7/1/95
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Wyoming Putative Father Registry.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
None.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
n/a
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
Wyoming Statute 14-2-804 and 20-4-142.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
teleconferencing
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
The initiating state would be responsible to set up and schedule the genetic testing and pay for it and the State of Wyoming will get a judgment for the testing costs on behalf of the initiating state.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Other state's costs will be entered in a judgment
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
court order of paternity or certified acknowledgement of paternity
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Wyoming requires only one set of documents with an affidavit of paternity for each child

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial Process.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
n/a
I1.2. Under what circumstances would a judicial process would be used?
All
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
n/a
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Custodial parent's income.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The presumptive child support amount is unjust or inappropriate for a particular situation.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
In an action to establish a child support order, CSP shall petition the court to establish retroactive child support back to the date it received the application for services, unless the child for whom support is sought was less than one (1) year old when the application was received. When the child was less than one (1) year old when the application was received, CSP shall petition the court to establish retroactive back to the child's date of birth. CSP shall also inform each of the parties to the establishment action that he or she may petition the court to establish retroactive support prior to the date of application.
I4.2. What information or documentation does your State require to proceed?
The petition, financial affidavit and guideline calculation.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Retroactive support is not allowed if the child is emancipated. Prior support is limited to the ability to pay.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Wyoming does not use Administrative Process.
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I6. What is your state's statutory authority for the administrative process?
n/a
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I7. Is there a local state law that allows an interstate administrative subpoena?
No.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No.
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
An Establishment Action.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
A legal change of custody would be required unless the parent who now has custody is receiving State benefits that require cooperation with Child Support Enforcement.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Yes
I14. What methods of personal service does your state use? **
Forward documents needing to be served to a private contrator, a sheriff or other public official
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses, extra-curricular activities, attorney's fee, cash medical support can be sued as grounds for the ocurt to deviate from presumptive support
I17. Please provide the relevant statutory or case law citation. **
W.S. 20-2-307
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
The use of mediation, conciliation, or similar processes is encouraged in every child support case

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Wyoming does not have a State Income Tax.
J2. Is the lien process in your state judicial, administrative, or both?
Judicial
J2.1. What are the trigger criteria for filing a lien?
Arrearage equal to 3 times current monthly support obligation.
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J2.2. Where are your state liens filed?
UCC liens filed with the Secretary of State. Other liens filed in County Clerk's Office.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
Yes for UCC liens only. $20-$30 depending on size
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Judicial.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
No notice sent.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
no
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The state.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Wyoming does not send a notice of intent to Freeze and Seize.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Arrearage equal to 3 times monthly current support obligation.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
Arrearages equal to 3 times monthly current support obligation.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No specific time, must be equal to 3 times monthly current support obligation.
J5.3.1. If yes, please provide the time frame.
Arrearage equal to 3 times monthly current support obligation.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
n/a
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
n/a
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
n/a
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
The obligor has 20 business days from the date of the notice to contact the child support office.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
N/A
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Mistake of fact or wrong person.
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Administrative.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Administrative
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
None.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Not centralized. Partially automated. The system identifies and tracks cases. The worker verifies information, generates the documents and takes seizure actions.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
None.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
n/a
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Policy instructs the state to hold the frozen assets for 20 days.
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
No specific time frame.
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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Judicial process.
J7. Describe any other administrative enforcement procedures your state may have.
Driver's License suspension, Credit Bureau reporting, Suspension of game & fishing licenses
J8. Describe any other judicial enforcement procedures your state may have.
Income Withholding, License Suspension/Revocation.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
N/A
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J10. Which of your state's enforcement remedies are available without judicial actions?
Income Withholding, Freeze and Seize.
J11. Describe your state's procedures for registering and enforcing another state's order.
These procedures are set forth in UIFSA 2001 Wyo. Stat. 20-4-139 et seq
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
These procedures are set forth in UIFSA 2001. Wyo. Stat. 20-4-139 et seq.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
Wyoming Statute 1-17-701 et. seq.
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
No.
J15. To which credit bureaus does your state report an obligor's child support information?
Experian.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Both
J19. What documentation does your state require to proceed with an AEI request?
Arrears greater than $1,000.00
J20. What mandatory data elements does your state need to process AEI requests?
Name, date of birth and social security number
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
None
J22. How many copies/sets of documents does your state require with an AEI request?
one copy
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
none
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Transmittal 3 request for limited services case. Certified copy of the child support order, arrears statement or pay history
J25. What is the procedure for obtaining a certified copy of a court order?
You may make the request directly to the District Court who issued the order using a transmittal 3. You may also send the transmittal 3 to the Central Registry.
J26. What is the procedure for obtaining a certified payment record?
You may make the request directly to the District Court who issued the order using a transmittal 3. You may also send the transmittal 3 to the Central Registry.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Administrative suspension when criteria are met. Obligor's granted limited driving privileges by the District County or the Transportation Department
J29. What triggers a driver's license revocation?
Arrears greater than $2,500.00 and no voluntary or income withholding payments less then full current support for at least 90 consecutive days.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
$2,500.00
J30. Under what conditions may a noncustodial party restore the driver's license?
Obligor must pay the arrearages in full or enter into a payment plan with the Child Support Enforcement Department.
J30.1 What is the process for restoring a driver's license?
Once the arrears are paid in full or a payment plan has been approved by the Child Support Department. The Department immediately notifies the Transportation Department to return the obligor's driver's license.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
By order of the District Court or the Department of Transportation for a period not to exceed 120 days.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
n/a
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes
J33.2 What is the dollar amount?
$150.00 for TANF case and $500.00 for Non-TANF cases.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
n/a
J36.2 What is the dollar amount?
n/a
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
n/a
J38.2 What is the dollar amount?
n/a
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
NCP can obtain credit for RSDI that children receive. Credit is determined by modification.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 36 months, or upon request of parent alleging change in circumstances.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
Upon request of the CP or NCP in Non TANF cases and automatically in TANF cases.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
Both parties complete financial affidavits and provide financial documentation. Judicial process.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
Yes
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
n/a
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
n/a
K6. How does your state credit SSA disability to current and past-due support?
Judicial process
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
Yes
K7.1. If yes, explain the circumstances?
Only by judicial process
K7.2. What is the statutory citation for your abatement law?
Child support shall abate by one-half (1/2) of the daily support obligation for each day the noncustodial parent has physical custody of the child for whom support is due, provided that the noncustodial parent has custody of the child for fifteen (15) or more consecutive days.
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
W.S. 20-2-305
For Additional Information - exit disclaimer
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Pay Records, Birth Certificate of child(ren), Public Assistance Records, Certified Court Orders
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Bureau of Vital Records 2300 Capital Avenue. Hathaway Building First Floor Cheyenne, WY 82002 307-777-7591
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Interstate UIFSA Packet, Pay Record, Certified Court Orders
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Collections can continue at the same rate as current support, but there is no specific statute that covers the rate of the collection amount on arrears.
K10. What circumstances will cause your state to end child support before the normal duration? **
Emancipation, marriage, adoption, death of child and military service

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
n/a
L1.2 Provide the statutory citation.
n/a
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
n/a
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
There is no threshold.
L4. How are employers instructed to report a pending lump sum?
Language contained in the Order/Notice to Withhold Income.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Wyoming currently does not have legislation in place that addresses lump sum payments.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Interstate Lien/Levy
L8. What other documents does your state use to attach lump sum payments?
Writ of Garnishment
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
no
L9.1. If yes, what are those limits?
n/a
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
no
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
Yes
L9.4. If no, what percentage is the employer required to withhold?
Not less than 35% nor more than 65% of net income.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
No
L10.1 If yes, would the employer only withhold for that period's obligation?
n/a
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
US Bank
L12. Does your state have a debit card program?
Yes - Way2go card
L12.1 If so, specify the vendor.
Conduent
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No
L13.1 If so, are there fees involved?
n/a
L14. What are the fees associated with using the card?
There are no monthly fees for managing your funds. But, fees may apply to many services including ATM cash withdrawals or card replacements.
L15. How does your state collect child support payments from an obligor? **
income withholding, paid in cash, check, electronic checks, money orders, credit cards (we accept Visa, Master Card, Discover, American Express), ChildSupportBillPay, PayNearMe, ExpertPay. For more information on how to use these options and fees please go to: https://sites.google.com/a/wyo.gov/dfsweb/child-support-enforcement/child-support--online-payment
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Electonic funds transfer or use of the Reliacard
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed upon receipt but state disburcement unit must wait for the bank to exchange money to US dollars. The SDU is charged an exchange fee by our bank. It's competitive with other banks in the area.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **
We do not have an international bank account number

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
None
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
None
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
No
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
None
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
No
M3.1. Provide the statutory citation.
n/a
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
There is no statutory requirement, but state policy is that the child support agency does notify the NCP
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, 20 days if in state and 30 days if NCP resides out of state
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Direct IWO or lien
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
Yes
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)
Yes