Home Page   Services   About Us   Testimonials   Contact Us  Free Services   State Law   Support Info   Helpful Links   FAQ   The Law Office of Ronn Bisbee Child Support Laws By State Wyoming State Profile A. General/State-At-A-Glance B. UIFSA C. Reciprocity D. Age of Majority E. Statute of Limitations F. Support Details G. Income Withholding H. Paternity I. Support Order Establishment J. Support Enforcement K. Modification and Review/Adjustment L. Lump Sum Payments M. Insurance Match A. General/State-At-A-Glance A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/Combination of private vendor and county government operated. A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 23 counties make up 9 Judicial Districts, 15 Judicial District Child Support Offices. A3. With what types of agencies do you have cooperative agreements? Clerks of District Court, Department of Health, Department of Employment, Judicial District Child Support offices. A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? No A4.1. If yes, what is the statutory citation? For Additional Information - No Link Provided A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No A4.3. If yes, please explain.   B. UIFSA B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 02/24/1995                 B2. What is the effective date of your State's UIFSA? 07/01/1995   B3. What is the statutory citation for your State's Act? W.S. 20-4-139 through 197. For Additional Information - http://legisweb.state.wy.us/titles/statutes.htm B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? The State of Wyoming passed the 2001 Amendments to the model UIFSA law during the 2005 General Session of the 58th Legislature. B4.1. If your state has implemented the 2001 version, when was it implemented? Enactment Date 02/24/2005 Effective Date 07/01/2005 B5. Optional comments regarding your State's UIFSA.   C. Reciprocity C1. With what foreign countries does your State reciprocate? 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? N/A C1.2. If yes, please explain. C2. Has your State established reciprocity with any Tribal courts? Yes C2.1. If yes, list the Tribes and identify services provided, if less than full services. Northern Arapahoe Tribe on the Wind River Indian Reservation for establishment of paternity and establishment of child support/medical orders. 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 For Additional Information - http://legisweb.state.wy.us/titles/statutes.htm 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 impact what law 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 (e.g. 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 other wise emancipates? No D7.1. If yes, please describe the procedure. No, unless the order is a "per-child" order and the order states otherwise E. Statute of Limitations E1. What is your State's statute of limitations for collection of past due support? None. 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. For Additional Information - No Link Provided E3. Is dormancy revival/renewal possible? Yes E3.1. Please explain the circumstances when possible, and the length of time 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. F. Support Details F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? Percentage of income of both parties. For Additional Information - No Link Provided F2. Does your State charge interest on missed arrears? 10% charged on amount reduced to judgement by operation of law after July 1, 1990. 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. F3. Does your State charge interest on retroactive support? Yes 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? Yes   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. For Additional Information - No Link Provided F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes F5.1. If yes, under what circumstances? If the non custodial parent is ordered to pay 50% of the portion not covered by insurance and fails to do so, Wyoming obtains a judgment for that amount in favor of the custodial parent. 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/fees charged to the obligee? None F6.2. What costs are recovered from/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 recovering of initiating State's fees.   F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. W.S. 20-4-142 For Additional Information - http://legisweb.state.wy.us/titles/statutes.htm F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes   F9.1. If yes, under what circumstances? Only if entered in conjunction with a child support obligation. 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, See AT 05-03)? No F10.1. Optional comments regarding required information on spouse or partner.   F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have 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 individual (but not the first $500 collected)? Yes F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? 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 will your State implement the required 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 F13.1. If yes, provide the date.   F14. Will your State participate in the pass through in Former Assistance cases? No. F14.1. If yes, provide the date. 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. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? PRWORA F17. What are your States 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. F17.1. What are your States 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. 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. 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. G. Income Withholding G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income Withholding, Wage Withholding, Notice to Payor. G2. What specific source of income is not subject to withholding? Pell grants, SSI benefits, Welfare benefits. For Additional Information - http://legisweb.state.wy.us/statutes/titles /Title20/T20CH6AR2.htm G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? Yes G3.1. 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. G4. What is the allowable fee per pay period for processing income withholding payments? Not more than $5 for each withholding payment. For Additional Information - No Link Provided G5. 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. G6. What is the date by which an employer must remit amounts withheld from an employee's pay? 7 days after the employee is paid. G7. 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. G8. 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. G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? No G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. A completed transmittal #1 packet request for Registration of Foreign Support Order, Certified copy of the order and pay record or affidavit of arrears should be sent to the Wyoming Central Registry. G9.2. Optional comments regarding direct withholding of UI benefits across state lines. The State of Wyoming, Department of Employment Office does not accept direct income withholding requests across state lines. G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? Yes G10.1. Optional comments regarding direct withholding of WC benefits across State lines. G11. 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. G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate 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. G12.1. 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 G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. For Additional Information - http://legisweb.state.wy.us/statutes /statutes.aspx?file=titles/Title20/T20CH6AR2.htm G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., 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. G14. 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. For Additional Information - No Link Provided G15. How long should an employer retain the income-withholding order (IWO) after termination of 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. G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? No G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? No. For Additional Information - No Link Provided G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Employer and Worker's Compensation. For Additional Information - No Link Provided G19. 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. For Additional Information - No Link Provided H. Paternity H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? No H1.1. If yes, please explain.   H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 99% For Additional Information - No Link Provided H3. Optional comments regarding paternity acknowledgment conclusive legislation. Effective July 1, 2003, a valid acknowledgement of paternity filed with the State Office of Vital Records, is equivalent to an adjudication of Paternity. For Additional Information - No Link Provided H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 07/01/1995   H4.1. Were acknowledgments prior to that effective date rebuttable? Yes H4.2. Optional comments regarding paternity acknowledgments prior to that date. For Additional Information - No Link Provided H5. Does marriage constitute a rebuttable presumption of paternity? Yes H5.1. If yes, how is the presumption rebutted? By an adjudication. For Additional Information - No Link Provided H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No H6.1. If no, briefly explain. Paternity is only conclusive through adjudication or acknowledgment. For Additional Information - No Link Provided H7. Does your State have any other paternity-related presumptions? No H7.1. If yes, briefly explain. For Additional Information - No Link Provided H8. Does your State have a putative fathers' registry? Yes H8.1. If yes, what is the name of that entity? Wyoming Putative Father Registry. H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes H9.1. If yes, please describe any circumstances under which these fees may be waived. None. For Additional Information - No Link Provided H10. Is common law marriage recognized in your State? No H10.1. If yes, briefly describe the standard that defines common law marriage. For Additional Information - No Link Provided H10.2. When did your current common law standard go into effect? H10.3. 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? H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) Teleconferencing. H12. Please give the statutory citation for your State's long arm statute and list any special provisions. Wyoming Statute 14-2-804 and 20-4-142. For Additional Information - http://legisweb.state.wy.us/titles/statutes.htm H13. Does your State recover genetic testing costs for other States? Yes    H13.1. If so, please explain. 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. H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? No. A father's name can be placed on the birth certificate without an acknowledgment of paternity. H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination 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? One set of documents with a paternity affidavit for each child is sufficient. I. Support Order Establishment I1. Does your State use an administrative, a 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?   I1.2. Under what circumstances would the judicial process be used?   I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. For Additional Information - http://legisweb.state.wy.us/titles/statutes.htm I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Custodial parent's income. For Additional Information - No Link Provided 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. For Additional Information - No Link Provided I4. Will your State establish support orders for prior periods? Yes I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Date of birth of the child I4.2. What information or documentation does your State require to proceed? The petition, financial affidavit and guideline calculation. For Additional Information - No Link Provided 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, please specify. 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? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? Wyoming does not use Administrative Process. For Additional Information - No Link Provided I6. What is your State's statutory authority for the administrative process? For Additional Information - No Link Provided I7. Is there a local State law that allows an interstate administrative subpoena? No For Additional Information - No Link Provided I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? No For Additional Information - No Link Provided I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? No I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as 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 be ordered, should the other State request an establishment or a modification action? An Establishment Action. 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 monthly support obligation. For Additional Information - No Link Provided 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 a 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 includes amounts in financial institutions? No For Additional Information - No Link Provided J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes J4.3.1 If yes, who notifies the NCP, the State or 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 support obligation. J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? Arrearages equal to 3 times monthly support obligation. For Additional Information - No Link Provided J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? No specific time, must be equal to 3 times monthly support obligation. J5.3. 1. If yes, please provide the time frame. Arrearage equal to 3 times monthly 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, please provide the percentage. J5.4.2. Is the percentage different for joint accounts? No J5.4.3. If yes, please define. J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. No J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?   J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/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. For Additional Information - No Link Provided J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State 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 holders challenge/contest a freeze and seize action? Mistake of fact or wrong person. For Additional Information - No Link Provided 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?   J5.13. What are 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. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? No J5.16.1. If yes, what is the amount? J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? No J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. For Additional Information - No Link Provided J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? Policy instructs the state to hold the frozen assets for 20 days. For Additional Information - No Link Provided J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? No specific time frame. For Additional Information - No Link Provided 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. Please describe any other administrative enforcement procedures your State may have. None. J8. Please 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 For Additional Information - http://legisweb.state.wy.us/titles/statutes.htm J10. Which of our State's enforcement remedies are available without registration? Income Withholding, Freeze and Seize. J11. Describe your State's registration and enforcement procedures. These procedures are set forth in UIFSA 2001 Wyo. Stat. § 20-4-139 et seq J12. After registration, describe additional judicial procedures required, 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, please provide the statutory citation. Wyoming Statute 1-17-701 et. seq. For Additional Information - http://legisweb.state.wy.us/titles/statutes.htm J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? No J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Transmittal #3 requesting limited services action. J15. Does your State use credit bureau reporting as an enforcement method? Yes J15. Does your State use credit bureau reporting as an enforcement method?   J16. Provide which credit bureaus your State report an obligor's child support information? J16. Provide which credit bureaus your State report an obligor's child support information? Experian. J17. Is the method for credit bureau reporting judicial, administrative or both? Administrative. J17. Is the method for credit bureau reporting judicial, administrative or both? J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? Initiating State only. J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? At least $1000.00 delinquent. J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?   K. Modification and Review/Adjustment K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? Every 36 months, or upon request of parent alleging change in circumstances. K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? Upon request of the CP or NCP in Non TANF cases and automatically in TANF cases. K3. Briefly describe your State's modification procedure. Both parties complete financial affidavits and provide financial documentation. Judicial process. K4. What are your criteria for modification (e.g., $50 or 20% from present order)? 20% change in presumptive support amount or substantial change in circumstances; if order is 3 years old, no change in support amount or change in circumstances need be shown. K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? K5.1. The earnings of the obligor have substantially increased or decreased. Yes K5.2. The earnings of the obligee have substantially increased or decreased. Yes K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. No K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes K5.6. There has been a substantial change in child care expenses. Yes K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? Any change in circumstances which the court finds significant, such as starting or ending incarceration or emancipation of a child in a case with multiple children. K6. Does your State have cost of living adjustments (COLAs)? No   K6.1. If so, what index does your State use?   K7. How does your State credit SSA disability to current and past due support? SSA disability paid to custodian can be credited against arrears by the court. SSA disability paid to custodian is considered income to obligor but is credited against the presumptive support obligation in determining the support amount. K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. Yes K8.1. If yes, please explain the situation? 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. K8.2. What is the statutory citation for your abatement law? W.S. 20-2-305 For Additional Information - http://legisweb.state.wy.us/ statutes/titles/Title20/T20CH2AR3.htm K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. Pay Records, Birth Certificate of child(ren), Public Assistance Records, Certified Court Orders K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. Bureau of Vital Records 2300 Capital Avenue. Hathaway Building First Floor Cheyenne, WY 82002 307-777-7591 K9. What information is required to register an out-of-State order for enforcement/modification? Interstate UIFSA Packet, Pay Record, Certified Court Orders L. Lump Sum Payments L1. Does your State define a lump sum payment? No L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?   L1.2 Provide the statutory citation. For Additional Information - No Link Provided L2. Does your State law require employers to report lump sum payments? No L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. W.S. 20-6-202 For Additional Information - No Link Provided L3. Are employers required to report lump sums 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. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.   L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?   L7. Does your State use the income withholding order to attach the lump sum payment? Yes L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? On the original notice. L8. Does your State use the lien/levy process to attach the lump sum payment? No L8.1 If yes, what is the name of the document your State uses to attach lump sum payment?   L9. What other documents does your State use to attach lump sum payments? Writ of Garnishment. L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? No L10.1 If yes, what are those limits? For Additional Information - No Link Provided L10.2 If no, what percentage is the employer required to withhold? Not less than 35% nor more than 65% of net income. L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? Yes L11.1 If yes, would the employer only withhold for that period's obligation? Yes M. Insurance Match M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. For Additional Information - http://www.dol.gov/esa/whd/regs /compliance/whdfs30.pdf M1.1. Additional information on the CCPA. For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/ Chapter_V.htm M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if 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. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. None For Additional Information - No Link Provided M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. None M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? Participates in the OCSE insurance match M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. No M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). None M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). N/A M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. 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? N/A M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? No For Additional Information - No Link Provided M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? Yes M3.1. Please provide the statutory citation. For Additional Information - No Link Provided M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). Writ of Garnishment and Lien/Levy M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? Child Support Agency M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. For Additional Information - No Link Provided M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide 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? No 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 must be completed? Must send a federally approved IWO to the Wyoming Worker's Compensation Division. Dedicated To Enforcing Your Support Order.
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