Chapter 6 - Child Support Enforcement
CHAPTER 6 - CHILD SUPPORT ENFORCEMENT
ARTICLE 1 - IN GENERAL
20-6-101. Short title.
Thisact may be cited as the "Child Support Enforcement Act".
20-6-102. Definitions.
(a) As used in this act:
(i) "Noncustodial parent" means the parent who wasnot awarded primary physical custody of the child by the court;
(ii) "Department" means the department of familyservices;
(iii) "Division" means the designated body toadminister Title IV-D child support services within the department of familyservices;
(iv) "Obligee" means a person to whom the duty ofsupport is owed;
(v) "Obligor" means any person owing a duty ofsupport;
(vi) "Title IV-D" means Title IV-D of the federalSocial Security Act as amended;
(vii) "This act" means W.S. 20-6-101 through 20-6-112;
(viii) "Support order" means any order entered by acourt or a tribal court, which provides for payment for the support of a childand may include medical support, spousal support, arrearages related costs andfees, interest and penalties, income withholding, and other relief;
(ix) "IV-D agency" means the department of familyservices;
(x) "Clerk" means, for the purpose of receipts,distribution and disbursement of child support, the clerk of district court inthis state where the obligor is ordered to make payments, or where mandated bylaw, the state disbursement unit;
(xi) "Licensing agency" means the state or any of itspolitical subdivisions, any board, commission or other entity that issueslicenses, certificates or permits necessary for an obligor to operate a motorvehicle, hunt, fish or practice a profession or occupation;
(xii) "Program" means child support services providedin cooperation with the federal government pursuant to Title IV-D of the SocialSecurity Act, as amended.
20-6-103. Child support enforcement program; administration by childsupport enforcement section.
(a) The department shall establish a program of child supportenforcement services in cooperation with the federal government pursuant toTitle IV-D and other applicable federal regulations, to aid in administeringthe requirements of the program.
(b) The department shall designate a division within thedepartment to administer the program in accordance with this act.
(c) The department shall include in its annual report to thelegislature information concerning the operation of the program during thepreceding year. The report shall include:
(i) The number and type of successful locations completedpursuant to W.S. 20-6-108(a);
(ii) The total amount of support collected on behalf of obligeeswho are recipients of public assistance;
(iii) The total number of child support collection cases handledby the division;
(iv) An itemization of the costs of operating the program underthis act; and
(v) A brief description of the services provided by anycontracts.
20-6-104. Child support enforcement services generally.
(a) The services in intrastate and interstate situationsprovided under the child support enforcement program subject to or byappropriate orders of the court shall include:
(i) The establishment, enforcement and modification of anobligor's obligation to support dependent children;
(ii) The establishment, enforcement and modification of anobligor's obligation to provide medical support in all cases and medicalinsurance coverage for dependent children when available at a reasonable cost;
(iii) The location of an obligor or putative parent, obligee orchild for purposes of establishing, enforcing or modifying the child supportand medical support obligations and enforcing the Parental Kidnapping PreventionAct;
(iv) The monitoring and processing of an obligor's child supportpayments;
(v) Providing applications, information and intake services toall eligible persons pursuant to law or upon request;
(vi) The location of persons, upon request of the noncustodialparent, in cases of denial or interference with court ordered visitation or incases in which the custodial parent has removed the child from the state andfailed to give notice of change of address in violation of a court order;
(vii) When an obligor is required to provide medical insurancecoverage through the employer's health plan pursuant to a court order, thenotification to an employer unless the obligor contests the notification andestablishes good cause why the notice should not be provided;
(viii) The establishment of paternity for out of wedlock childrenpursuant to W.S. 14-2-401 et seq.
20-6-105. Eligibility for services; fees for services.
(a) Child support enforcement services shall be provided to:
(i) Those recipients of aid under the personal opportunitieswith employment responsibilities (POWER) program who, as a condition ofeligibility under federal law, are required to assign their rights to supportto, and cooperate with, the department in the establishment of parentage andthe establishment, enforcement and modification of support obligations; and
(ii) Any eligible obligee or obligor without regard to income orthe receipt of public assistance benefits. Eligibility shall be subject toreasonable standards established by the department. These standards shall takeinto account Title IV-D and other applicable federal regulations and theearnings, income and other resources already available to support the person.
(b) The department may charge the obligee or obligor, areasonable application fee under paragraph (a)(ii) of this section and W.S.20-6-108(a) and may recover the fee and all necessary and reasonable expensesof providing services from the obligor or obligee. The department may waive ordefer any fee upon a showing of:
(i) Repealed By Laws 2000, Ch. 53, 2.
(ii) Necessity.
(c) The department shall, to comply with federal law, collectan annual fee from the obligee for child support enforcement services providedunder paragraph (a)(ii) of this section. The department shall recover the feefrom the obligee. The court may assess the fee to the obligor in any childsupport order.
20-6-106. Powers and duties of department regarding collection ofsupport.
(a) By signing an application for, or being a recipient of, aidunder the personal opportunities with employment responsibilities (POWER)program, a support obligee assigns to the department, by operation of law, allrights that person and all other members of the household have to child and spousalsupport, whether accrued, present or future, and their right to medicalsupport.
(b) Repealed By Laws 2000, Ch. 53, 2.
(c) The department has the power of attorney to act in the nameof any recipient of public assistance in endorsing and cashing all drafts,checks, money orders or other negotiable instruments received by the departmentrepresenting support payments for children on whose behalf public assistancehas been previously paid.
(d) For purposes of prosecuting any civil action under this actor other applicable state statutes relating to the enforcement of child supportobligations, the department is the assignee of support rights to the extent ofany public assistance provided to an obligee. No act of the obligee shallprejudice the rights of the department or the dependent child in any action orproceeding related to enforcement of child support services hereunder.
(e) No agreement between any obligee and any obligor purportingto relieve the obligor of any duty of support or to settle past, present orfuture support or obligations either as settlement or prepayment will reduce orterminate any rights of the department to recover from the obligor for supportprovided by the department unless the department has consented to the agreementin writing or unless it has been approved by the court with notice to thedepartment.
(f) The department, in its own name, or on behalf of anobligee, obligor or a child may petition a court for modification of any courtorder establishing a support obligation.
(g) If a court orders support to be paid by an obligor, thedepartment shall be subrogated to the debt created by the order. Thissubrogation interest shall apply to all orders of support including childsupport orders, medical support orders, temporary spouse support orders, familymaintenance and alimony orders. The subrogation shall extend to the amountspaid by the department in public assistance to or for the benefit of adependent child and the amount of medical support provided by or throughanother division of the department of family services or the department ofhealth.
(h) The department may enforce, or, subject to the approval ofthe court, may compromise or settle any claim or judgment for a supportobligation owed to or assigned to the department as may be in the best interestof the dependent child and the public.
(j) The department may offer each county a cooperativeagreement relating to the services to be provided by clerks of district courtor child support authorities in child support enforcement cases. Thedepartment shall enter into a cooperative agreement with the department ofemployment to recover sums owed under a support order from unemploymentbenefits awarded to an obligor.
(k) The department may contract with private vendors forservices necessary to carry out its responsibilities under Title IV-D,applicable federal regulations, this act and its rules and regulations as theyrelate to child support enforcement.
(m) The department may:
(i) Repealed By Laws 2000, Ch. 53, 2.
(ii) Repealed By Laws 2000, Ch. 53, 2.
(iii) Seek collection of child, medical and spousal supportarrears, through the federal offset program under Title IV-D and all applicablefederal regulations;
(iv) Repealed By Laws 1997, ch. 193, 3.
(v) Request a consumer report from a consumer reporting agencypursuant to section 604 of the Fair Credit Reporting Act, 15 U.S.C. 1681b,provided the individual named in consumer report is associated with a IV-Dsupport case, the report received by the department is kept confidential exceptto the extent needed to accomplish the purposes of this paragraph and thereport is needed to:
(A) Locate the individual's whereabouts;
(B) Establish the individual's capacity to pay child support; or
(C) Establish, enforce or modify the appropriate level of childsupport payments.
(vi) In appropriate circumstances, petition the court to orderthe child, mother or alleged father to submit to genetic tests to establishpaternity, or, in the alternative, to require the testing on its own order;
(vii) Issue subpoenas for information requested under paragraph(v) of this subsection and impose administrative penalties not to exceedtwenty-five dollars ($25.00) for any person failing to respond;
(viii) Require all persons, including government, privatefor-profit employers and not-for-profit employers and public utility companiesto respond to a request by the department for information on social securitynumber, address, employment, compensation and benefits of any individual forany individual who owes or is owed support, or against or with respect to whoma support obligation is sought, and who is employed by the person as anemployee or contractor, in accordance with rules adopted by the department. Anyperson who fails to respond to any request for information may be sanctioned bythe department by imposing administrative penalties not to exceed twenty-fivedollars ($25.00). The department shall enter the employer information into thestate directory of new hires within five (5) business days after receipt of theemployer information. The department may issue administrative subpoenas forfinancial or other information needed to establish, modify or enforce a supportorder and impose administrative penalties not to exceed twenty-five dollars($25.00) for any person failing to respond. The department mayadministratively subpoena the customer records of public utility companies forthe names and addresses of individuals who owe or are owed support, or againstor with respect to whom a support obligation is sought. The department shallnotify the supervisor of any employee of a governmental agency if the employeefails to respond to a request under this paragraph. Any person who, acting ingood faith, provides information to the department under this paragraph shallnot be liable for civil damages as a result of the information provided. Thedepartment shall deposit any penalties collected under this paragraph in thepublic school fund of the respective counties;
(ix) Repealed By Laws 2000, Ch. 53, 2.
(x) Issue an income withholding order, if an income withholdingorder has not previously been issued. The department shall file the order withthe clerk of court who shall mail copies of the order as provided by W.S.20-6-204(c);
(xi) Seize assets when an arrearage exists by:
(A) Intercepting or seizing periodic or lump sum payments froma state or local government agency, including unemployment compensation,workers' compensation and other benefits or judgments, settlements and lotterywinnings;
(B) Attaching and, pursuant to a court order, seizing assetsowned solely by the obligor that are held in financial institutions or nationalchartered credit unions;
(C) Attaching public and private retirement funds pursuant tostate law; and
(D) Imposing liens and, in appropriate cases, petitioning acourt to force the sale of property and distribution of the proceeds.
(xii) Repealed By Laws 2000, Ch. 53, 2.
(xiii) In any case where there exists childsupport arrearages and for which payments are allowed or required, petition the district court for an increaseor decrease in the required payments due on the arrearages;
(xiv) Petition a court to void fraudulent transfers, or obtain asettlement in the best interests of a child support creditor when a prima faciecase is established that the obligor has transferred income or property toavoid payment to the child support creditor;
(xv) Appear in any judicial proceeding on behalf of the statewhen any obligee or obligor makes application for IV-D services, in order toestablish, enforce or modify a child support order, medical support order or aspousal support order, if the spousal support issue is considered inconjunction with the child support or medical support issues, provided thedepartment shall not be required to participate in visitation, custody,property settlement or other issues between the parties. The department shallcertify that the obligee, obligor or child has applied for or is receivingTitle IV-D services. Initial pleadings filed by the department or itscontractors shall state that the action is being taken pursuant to this act orTitle IV-D;
(xvi) If an obligee receives child support which has beenassigned to the department, recover the child support payments out of currentor future child support payments due to the obligee which are unassigned untilthe assigned sums have been fully paid;
(xvii) Allocate and distribute child, medical and spousal supportwhether accrued, present or future pursuant to regulations.
(n) The department shall adopt reasonable rules and regulationsto carry out the provision of this act, including rules and regulationsgoverning:
(i) The provision of services pursuant to the program;
(ii) The distribution of child support collected by thedepartment;
(iii) Due process safeguards;
(iv) The administration of child support income;
(v) Requirements for adequate record keeping;
(vi) Tracking and monitoring of program statistics and supportpayments.
(o) If a court, on its own motion or pursuant to a request fromthe department, orders an able-bodied obligor who is unemployed and otherwiseunable to fulfill his court-ordered child support obligation to participate inthe personal opportunities with employment responsibilities programadministered by the department, the department shall permit the obligor toparticipate pursuant to the court order without regard to the programeligibility requirements under title 42 or the department rules and regulationspromulgated thereunder.
(p) Repealed By Laws 2000, Ch. 53, 2.
(q) Repealed By Laws 2000, Ch. 53, 2.
(r) Repealed By Laws 2000, Ch. 53, 2.
(s) The department shall not enforce any administrativeprocedures contained in this act until it has implemented rules providing dueprocess safeguards, including requirements for notice, opportunity to contestthe action and an opportunity to appeal to the district court. Any obligor mayrecover costs and reasonable attorney fees from the department or its childsupport collection contractor for costs incurred in any administrative hearingor subsequent court appeal if:
(i) It is found that the obligor did not owe an arrearage andhad paid all required support to the clerk.
(ii) Repealed By Laws 2000, Ch. 53, 2.
(t) The department of health and the department of familyservices shall through rules and regulations develop procedures to allow thesharing of birth and paternity records for purposes of establishing paternityand child support obligations.
(u) The department shall, to the extent required by federallaw, have access to any informationused by the state to locate an individual for purposes relating to motorvehicle laws or law enforcement and enter into agreements withfinancial institutions, national chartered credit unions, benefit associations,insurance companies, safe deposit companies, money market mutual funds orsimilar entities authorized to do business in the state as provided in W.S.13-1-205 to develop and operate an automated data match system to obtainidentifying information for each obligor who maintains an account at theinstitution and who owes past due child support in an amount equal to at leasttriple the current monthly child support obligation and to allow assets to beencumbered as provided by law.
(w) The department shall report to any consumer reportingagency as defined in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C.1681a(f) information regarding the amount of overdue support owed by anobligor.
(y) The department shall, to the extent an obligor is residentin the state or owns real or personal property in the state, have a lien byoperation of law against that real or personal property. After an obligor is inarrears at least triple the current monthly child support obligation, thedepartment shall perfect and enforce a lien authorized by this section in thesame manner as liens are perfected for the specific type of real or personalproperty upon which the lien is claimed. In the event there are competing liensor encumbrances on any property upon which a lien is attached pursuant to thissection, the priority of the competing liens or encumbrances shall date fromthe date of filing or perfection. The state of Wyoming shall accord full faithand credit to a lien arising in another state as a result of child supportarrearages when the other state or an agency thereof seeks to enforce suchlien, provided the lien was properly filed and recorded under the laws of thestate in which the lien was created.
(z) Repealed By Laws 2000, Ch. 53, 2.
20-6-107. Payment of support money collected to department.
(a) Except as provided in subsection (b) of this section theobligor shall make all support payments to the department upon receipt ofwritten notice that the children for whom the support obligation exists arereceiving public assistance.
(b) If an obligor is ordered by the court to make payments tothe clerk of court, the clerk shall forward all payments received from theobligor to the department.
20-6-108. State parent locator service.
(a) The department shall act as a state parent locator serviceto assist in:
(i) The location of parents who have abandoned their childrenor failed to provide for their support;
(ii) The location of persons, upon the request of lawenforcement agencies, in cases of parental kidnapping or child custodyviolations under the Uniform Child Custody Jurisdiction and Enforcement Act;and
(iii) The location of persons, upon request of the noncustodialparent, in cases of denial or interference with court ordered visitation or incases in which the custodial parent has removed the child from the state andfailed to give notice of change of address in violation of a court order.
(b) The department may request from state, county and localagencies all information and assistance necessary to carry out the purposes ofthis section. All state, county and city agencies, officers and employees shallcooperate in the location of parents who have violated custody or visitationorders or abandoned, deserted or failed to support their children and shallsupply the department with all information available relative to the location,income and property of the parents.
(c) Any records provided, created or established under thissection are available only for purposes of this act.
(d) The department shall comply with 42 U.S.C. 653 withrespect to the establishment, purpose and implementation of the federal parentlocator service.
(e) The state shall establish and maintain in the federal andstate parent locator service, an automated case registry, which shall containabstracts of support orders and other information as defined in 42 U.S.C. 653.
(f) The state case registry shall contain the names and socialsecurity numbers of the children. The state case registry of child supportorders shall include abstracts of support orders, names, social securitynumbers or other uniform identification numbers and state identificationnumbers of individuals who owe support, in addition to the names and socialsecurity numbers of children of such persons.
20-6-109. Cooperation with other states.
(a) When required to qualify for federal funds under TitleIV-D, the department shall assist other states in locating parents under theterms and conditions of this act.
(b) Repealed By Laws 2000, Ch. 53, 2.
20-6-110. Repealed by Laws 1985, ch. 109, 3; 1986, ch. 18, 1.
20-6-111. Driver's license suspension; nonpayment of child support;administrative hearings.
(a) When an obligor is in arrears in a court ordered childsupport obligation, the department or court may:
(i) Determine whether the obligor has a driver's license, asdefined in W.S. 31-7-102(a)(xxv), that is subject to withholding, suspension orrestriction; and
(ii) Obtain a court ordered withholding, suspension orrestriction of the license unless the obligor pays the entire arrearage orenters into a payment plan approved by the department.
(b) The court, on motion of the department or on its ownmotion, may direct the department of transportation to withhold, suspend orrestrict the license and the department or the court shall send certifiedcopies of the court order to the obligor, at the obligor's last known address,and to the department of transportation instructing that the department oftransportation notify the obligor of the license withholding, suspension orrestriction in accordance with the licensing procedures, and that thewithholding, suspension or restriction shall remain in effect until thedepartment of transportation is notified by the department or the court thatthe obligor is in compliance with the court order or has entered into a paymentplan approved by the department.
(c) If at any time an obligor has complied with the terms ofthe court order, or has entered into a payment plan approved by the department,the court or the department, whichever has caused notice to be initiallyprovided, shall immediately notify the department of transportation that thewithholding, suspension or restriction may be lifted and the license may bereinstated if the obligor is otherwise eligible for reinstatement.
(d) Nothing in this section shall prohibit subsequent ordersand notices for subsequent arrearages if the obligor is again subject to theprovisions of this section.
(e) The department shall adopt rules and regulations to ensurenotice is provided in an immediate and timely manner to the department oftransportation that an obligor is in satisfactory compliance with the courtorder under this section. Upon receipt of the notice, the department oftransportation shall immediately reinstate the license unless the license wassuspended or revoked for other reasons. The department of transportation shalladopt reasonable rules and regulations to ensure the license is immediatelyreinstated upon receipt of the notice.
(f) The department may determine that a driver's licensesuspension may be better achieved through an administrative suspension if theobligor owes more than five thousand dollars ($5,000.00) in unpaid childsupport and the obligor has not made a child support payment either voluntarilyor through income withholding for a period of at least ninety (90) consecutivedays prior to the determination. The department shall notify the obligor bycertified mail, with return receipt requested, or by personal service ifnotification by certified mail was unsuccessful, that the obligor is in arrearsin a child support obligation and that the obligor's driver's license as definedin W.S. 31-7-102(a)(xxv) shall be suspended by the department of transportationsixty (60) days after the date the obligor receives the notice unless theobligor:
(i) Pays the entire arrearage owed;
(ii) Enters into a payment plan approved by the department; or
(iii) Is in full compliance with a court ordered payment plan.
(g) Repealed By Laws 2009, Ch. 155, 2.
(h) Any suspension arising under subsection (f) of this sectionmay be appealed to the district court. The person whose license or drivingprivilege is affected may file a request for a hearing in the district court inthe county where the child support order was issued. The person shall havesixty (60) days from the date of service of the notice of intent to suspend inwhich to file the request for hearing. A timely request for hearing shall stayimposition of any suspension under subsection (f) of this section. Thedistrict court shall immediately set the matter for determination.
(j) Before the license or driving privilege of any person is tobe withheld, suspended or restricted under this article, the department shalladvise the licensee in the notice required under subsection (f) of this sectionof his right to appeal to district court for any dispute involving:
(i) Repealed By Laws 2009, Ch. 155, 2.
(ii) Repealed By Laws 2009, Ch. 155, 2.
(iii) Repealed By Laws 2009, Ch. 155, 2.
(iv) The amount of current child support owed or arrearage;
(v) The identity of the alleged obligor named in the notice ofsuspension;
(vi) The willfulness of any action or inaction of the obligorthat contributed to the nonpayment of child support. As used in this paragraph,"willfulness" means without justifiable excuse.
(k) Repealed By Laws 2009, Ch. 155, 2.
(m) Repealed By Laws 2009, Ch. 155, 2.
(n) The discretion to modify any order of suspension under thissection to allow driving privileges is limited as follows:
(i) A person whose driving privileges have been suspended fornonpayment of child support may be granted limited driving privileges by thedistrict court or the department of transportation for a period not to exceedone hundred twenty (120) days;
(ii) A person granted limited driving privileges under thissubsection by the district court or the department of transportation shall notbe granted an extension of such privileges for twelve (12) months after thelimited driving privileges expire unless the person has subsequently made fullpayment on his child support obligation in arrears, or is in full compliancewith a payment plan approved by the department or ordered by a court.
(iii) Repealed By Laws 2009, Ch. 155, 2.
(o) After the obligor has paid his child support arrearages infull or has entered into a payment plan with the department, the departmentshall notify the department of transportation immediately and request thedepartment of transportation to return the driver's license of that obligorpursuant to this section.
20-6-112. Professional, occupational or recreational license suspension;nonpayment of child support; notice and hearing.
(a) The department may petition a court for an order towithhold, suspend or restrict any professional, occupational or hunting orfishing license, certificate or permit issued to an obligor who is in arrearsin a child support obligation. The court may:
(i) Determine whether the obligor has a professional,occupational or recreational license, certificate or permit that is subject towithholding, suspension or restriction; and
(ii) Issue a withholding, suspension or restriction of the license,certificate or permit unless the obligor pays the entire arrearage or entersinto a payment plan approved by the department.
(b) Repealed By Laws 2000, Ch. 53, 2.
(c) The court, on motion of the department or on its ownmotion, may direct a licensing, certifying or permitting agency to withhold,suspend or restrict any license, certificate or permit and the department orthe court shall send certified copies of the court order to the obligor, at theobligor's last known address, and to the appropriate licensing, certifying orpermitting agencies identified in the court order instructing that thelicensing, certifying or permitting agency notify the obligor of the license,certificate or permit withholding, suspension or restriction in accordance withthe licensing, certifying or permitting procedures, and that the withholding,suspension or restriction shall remain in effect until that agency is notifiedby the department or the court that the obligor is in compliance with the courtorder or has entered into a payment plan approved by the department. Nohearing or appeal shall be permitted under the Wyoming Administrative ProcedureAct for a license, certificate or permit withheld, suspended or restricted pursuantto a court order.
(d) If at anytime an obligor has complied with the terms of the court order, or has enteredinto a payment plan approved by the department, the court or the department,whichever has caused notice to be initially provided, shall immediately notifythe licensing, certifying or permitting agency initially notified that thewithholding, suspension or restriction may be lifted and the license,certificate or permit may be reinstated if the obligor is otherwise eligiblefor reinstatement.
(e) Nothing inthis section shall prohibit subsequent orders and notices for subsequentarrearages if the obligor is again subject to the provisions of this section.
(f) Thedepartment shall adopt rules and regulations to ensure notice is provided in animmediate and timely manner to any licensing, certifying or permitting agencythat was sent a copy of the court orderthat an obligor is in satisfactory compliance with the court order under thissection. Upon receipt of the notice, the licensing,certifying or permitting agency shall immediately reinstate the license,certificate or permit unless the license, certificate or permit was suspendedor revoked for other reasons. The licensing, certifying or permitting agenciesshall adopt reasonable rules and regulations to ensure such licenses,certificates or permits are immediately reinstated upon receipt of the notice.
ARTICLE 2 - INCOME WITHHOLDING
20-6-201. Short title.
Thisact may be cited as the "Income Withholding Act".
20-6-202. Definitions.
(a) As used in this act:
(i) "Arrearage" means past due child support, pastdue medical support, past due spousal support, attorneys fees, guardian adlitem fees, costs, interest and penalties but does not include propertysettlements;
(ii) "Child" means any person with respect to whom asupport order, other than an order for spousal support, exists;
(iii) "Clerk" means, for the purpose of receipt,distribution and disbursement of child support, the clerk of the district courtin this state where the income withholding order is entered, or where mandatedby law, the state disbursement unit;
(iv) "Court" means any district court in this state;
(v) "Delinquency" means arrearage;
(vi) "Disposable income" means income as defined underparagraph (a)(ix) of this section less personal income taxes, social securityand Medicare deductions, cost of dependent health care coverage for alldependent children and mandatory pension deductions;
(vii) "Department" means the department of family services;
(viii) "Employer" means any person who owes income to anobligor, including but not limited to the United States government, the stateof Wyoming, any unit of local government and any school district;
(ix) "Income" means any form of payment or return inmoney or in kind to an individual, regardless of source. Income includes, butis not limited to wages, earnings, salary, commission, compensation as anindependent contractor, temporary total disability, permanent partialdisability and permanent total disability worker's compensation payments,unemployment compensation, disability, annuity and retirement benefits and anyother payments made by any payor;
(x) "Income withholding order" means a court's or anadministrative order requiring a payor to withhold income due an obligor forpayment to the obligee in accordance with this act;
(xi) "Notice to payor" means the notice provided tothe employer pursuant to the income withholding order;
(xii) "Obligee" means any person entitled to receivesupport under an order of support and includes the agency of this or anotherjurisdiction to which a person has assigned his right to support;
(xiii) "Obligor" means a person owing a duty of support;
(xiv) "Payor" means any employer or other person owingincome to an obligor;
(xv) "Support order" means any order entered by acourt or tribunal of this or another state, or of a tribal court, whichprovides for payment for the support of a child and includes medical supportand spousal support, but excludes property settlements;
(xvi) Repealed By Laws 2000, Ch. 2, 2.
(xvii) "Uniform income withholding order and notice topayor" means the federally approved uniform income withholding order andnotice to payor;
(xviii) "State disbursement unit" means the clerks ofdistrict court collectively or the single address location established pursuantto W.S. 20-6-210 (d). The state disbursement unit is the entity for receiving,distributing and disbursing child support payments;
(xix) "This act" means W.S. 20-6-201 through 20-6-222.
20-6-203. Notices; method of service.
Allnotices required by this act shall be served by certified mail return receiptrequested or first class mail to the last known address of the addressee orshall be personally served as provided by the Wyoming Rules of Civil Procedure.If mailed, notice shall be deemed given when deposited in the United Statesmail, postage prepaid. Proof of mailing shall be sufficient proof of notice.
20-6-204. Entry of income withholding order.
(a) Upon entry or modification of any support order, the courtshall also enter an income withholding order which shall take effectimmediately, unless the parties agree otherwise, or unless one (1) of theparties demonstrates, and the court finds, that there is good cause not torequire immediate income withholding. When the parties agree to an alternativearrangement, the arrangement shall be in writing, signed by the parties andreviewed and entered in the record by the court. The court shall include in therecord its findings of good cause, including a statement explaining whyimplementation of immediate income withholding would not be in the bestinterests of the child and, in cases involving modification of child support,proof of timely payments.
(b) If a support order was entered by a Wyoming court beforethe effective date of this act and an income withholding order has notpreviously been entered, the court which entered the support order shall enterthe income withholding order on its own motion at the time the support order issubsequently modified or at any other time upon application of the obligee, theobligor or the department. An income withholding order under this subsectionshall be entered without a hearing if an arrearage occurs. An incomewithholding order under this subsection may also be entered by the districtcourt of any other county in this state in which the obligor, obligee or payorresides, provided:
(i) The petitioner files in the office of the clerk of thatdistrict court a certified copy of the support order and a sworn statement ofthe arrearages; and
(ii) No other court in this state has entered an incomewithholding order based upon the same support order.
(c) At the time an income withholding order is entered, theclerk shall mail a copy of the income withholding order and the support orderto the last known address of the obligor and the obligee.
(d) If a support order was entered by a Wyoming court and anincome withholding order has not previously been entered, the department mayissue an administrative income withholding order, subject to the applicablerequirements of W.S. 20-6-101 through 20-6-112.
20-6-205. When income withholding order becomes effective.
(a) Except as otherwise provided by W.S. 20-6-204(a), an incomewithholding order which did not become effective immediately upon entry,becomes effective upon the earliest of the following:
(i) Repealed By Laws 2000, Ch. 2, 2.
(ii) The date the obligor requests withholding commence; or
(iii) The date the obligor becomes delinquent in payment of anamount equal to one (1) month's support obligation under the support order.
20-6-206. Contents of income withholding order.
(a) The income withholding order shall:
(i) Direct the payor to withhold and remit to the clerk incomedue from the payor to the obligor, as specified in the notice to payor requiredby W.S. 20-6-210, for the payment of current support obligations and for theliquidation of arrearages, if any;
(ii) Order the payor to comply with all the terms of the noticeto payor and all subsequent notices served upon the payor;
(iii) State that the income withholding order is immediatelyeffective or that the order will become effective as provided in W.S.20-6-205(a)(ii) or (iii); and
(iv) State the addresses, if known, and social security numbersof the obligor and the obligee.
(b) If there is more than one (1) income withholding order ineffect, and if the various orders require payment to two (2) or more payees,then the notice to payor shall provide that income withheld shall be disbursedaccording to the following:
(i) Each child shall receive an amount in the proportion whichthe child's current support bears relative to the total of all amounts forcurrent support under court orders; and
(ii) Any remaining withheld income shall be distributed to eachchild in an amount proportional to which the arrearage for that child's supportbears relative to the total of all amounts ordered to be paid on arrearage.
20-6-207. Voluntary assignment by obligor.
(a) An obligor may at any time voluntarily apply to the courtto enter an income withholding order pursuant to W.S. 20-6-204(b) or file averified written application with the clerk requesting that withholding commencepursuant to W.S. 20-6-205(a)(ii).
(b) An income withholding order which becomes effective at thevoluntary request of the obligor shall remain in effect until such time as:
(i) The obligor petitions the court to suspend withholding ofincome upon a showing of good cause, including a showing that incomewithholding has not been terminated previously and subsequently reinitiated andthat the parties have agreed to an alternative arrangement as specified in W.S.20-6-204; or
(ii) There is no longer a current order for support and allarrearages as defined in W.S. 20-6-202 have been paid.
20-6-208. Notice to obligor.
(a) Except where an income withholding order becomes effectiveimmediately, the clerk shall send notice to the obligor no later than fifteen(15) days after the date when:
(i) The obligor becomes delinquent as specified in subsection(b) of this section; or
(ii) An application by the obligee for income withholding hasbeen granted by the court.
(b) When an obligor becomes delinquent in payment in an amountequal to one (1) month's obligation under the support order, the obligee or thedepartment, to initiate income withholding, shall file with the clerk averified notice of delinquency, a certified copy of which shall be served uponthe obligor together with the form by which the obligor may petition to stayservice as provided by W.S. 20-6-209.
(c) The notice of delinquency shall state:
(i) The terms of the support order;
(ii) A computation of the period and total amount of arrearageas of the date of the notice;
(iii) That the amount of income that will be withheld shall bethe full amount due for current support and an additional sum towardarrearages, the total of which shall not exceed the amount authorized by W.S.20-6-210(b)(iii);
(iv) The effective date of the income withholding order asprovided by W.S. 20-6-205;
(v) The income withholding order will be sent to any knowncurrent and subsequent payor of the obligor unless the obligor files a petitionto stay service in accordance with W.S. 20-6-209;
(vi) That the income withholding order applies to any current orsubsequent payor or period of employment;
(vii) The procedures available for contesting the incomewithholding including the grounds for contest and the period within which thepetition to stay service shall be filed as provided by W.S. 20-6-209; and
(viii) That failure to contest the income withholding within theperiod specified in W.S. 20-6-209(a) will result in the payor being notified tobegin withholding.
20-6-209. Procedures to stay income withholding.
(a) Within twenty (20) days from the date of service of thenotice of delinquency the obligor may file with the clerk a petition to stayservice of the income withholding order. The petition to stay shall include theobligor's name, social security number, address, employer and employer'saddress. The obligor shall mail a copy of the petition to the obligee, or tothe obligee's representative if the notice of delinquency was filed by someoneother than the obligee, and to the department in all cases being enforced bythe department. The obligor shall move for a hearing on the petition withinfive (5) days of filing the petition or the petition shall be denied. Theincome withholding order shall not be served on the payor until either ahearing has been deemed denied or until after a hearing has been held on thepetition and the court has determined that the income withholding will becomeeffective.
(b) The grounds for the petition to stay service shall belimited to disputes concerning:
(i) The amount of current support or arrearage; or
(ii) The identity of the alleged obligor named in the incomewithholding order.
(c) If a petition to stay service states the grounds requiredby subsection (b) of this section, and has been filed as provided by subsection(a) of this section, and the obligor has moved for a hearing, the court shallset the matter for hearing and notify the obligor, the obligee or the obligee'srepresentative if the notice of delinquency was filed by someone other than theobligee of the time and place of the hearing. In all cases being enforced bythe department, the department shall be given notice. The court shall hear anddecide the dispute and notify the obligor of its determination withinforty-five (45) days from the date the notice of delinquency was served on allparties entitled to notice.
20-6-210. Notice to payor.
(a) The notice to payor shall be prepared and the originalnotice filed with the clerk and a copy of the notice mailed or served pursuantto W.S. 20-6-203 to the payor and to the obligor by:
(i) The court if the income withholding order became effectiveimmediately upon entry;
(ii) The obligor if the income withholding order becomeseffective under W.S. 20-6-205(a)(ii); or
(iii) The department, acting pursuant to W.S. 20-6-105(a)(ii), orthe obligee in all other cases.
(b) The notice to payor shall state:
(i) An ascertainable amount to be withheld from the obligor'sincome to be remitted to the clerk for current support and for arrearages;
(ii) That the payor may withhold the fee provided by W.S.20-6-212(c);
(iii) That the amount actually withheld for support combined withthe fee authorized by W.S. 20-6-212(c) shall not exceed the maximum amountauthorized by 15 U.S.C. 1673;
(A) Repealed By Laws 2007, Ch. 169, 2.
(B) Repealed By Laws 2007, Ch. 169, 2.
(iv) The payor's rights and duties under W.S. 20-6-212;
(v) That the withholding under this act has priority over anyother legal process under state law against the same income;
(vi) That the notice to payor is binding upon the payor untilfurther notice is received as provided in accordance with W.S. 20-6-210(a);
(vii) That the payor is subject to the sanctions of W.S.20-6-218.
(c) Notwithstanding any other provision of law, the uniformincome withholding order and notice to payor is deemed to meet the requirementsof this act.
(d) Withholding payments may be forwarded to a single address providedby the Wyoming department of family services, in accordance with the federalSocial Security Act.
20-6-211. Service of income withholding order; amended notice topayor; notice to labor organizations; penalty.
(a) The department, acting pursuant to W.S. 20-6-105(a)(ii), orthe obligee shall prepare, file with the clerk and mail to any known current orsubsequent payor and the obligor a copy of the income withholding order and thenotice to payor, upon or after the occurrence of one (1) of the following:
(i) No later than fifteen (15) days after the entry of theincome withholding order if the court orders it to be effective immediately;
(ii) If the obligor has not filed a petition to stay incomewithholding under W.S. 20-6-209(b), then no later than fifteen (15) days afterthe expiration of the time allowed for filing the petition;
(iii) Entry of the court's order determining that the incomewithholding order will become effective following hearing pursuant to W.S.20-6-209(c); or
(iv) Voluntary assignment by the obligor pursuant to W.S.20-6-207.
(b) If the payor's address is not known on the dates specifiedin subsection (a) of this section, the notice to payor shall be sent inaccordance with W.S. 20-6-210(a) no later than fifteen (15) days afterdetermining the payor's address. At any time following service to the payor ofthe income withholding order and notice to payor under subsection (a) of thissection, and if no support has been assigned, the department, acting pursuantto W.S. 20-6-105(a)(ii), or the obligee may prepare, file with the clerk of thecourt and mail to the payor and the obligor an amended notice to payordecreasing the amount to be withheld from the obligor's income. The amendednotice is binding upon the payor from the date of receipt.
(c) In addition to subsection (a) of this section and in thosecases in which it is known that the obligor may be placed in employment with apayor by a labor or other private or public employment referral organizationreferring individuals to employment and operating within this state, theobligee or the department may prepare, file with the clerk of court and mail tothe referring organization certified copies of the income withholding order andthe notice to payor or an amended notice to payor pursuant to subsection (b) ofthis section. The obligee or the department shall send the notice to payorunder this subsection within the dates specified under subsection (a) of thissection. The referring organization shall at the time of placement, forward thenotice to payor to each payor with which the organization places the obligor.Upon forwarding the notice to payor, a labor or other nongovernmentalorganization shall notify the district court that the income withholding orderhas been forwarded to the payor. The district court shall, at the time it sendsthe withholding order and the notice to payor to the referring organization,include a self-addressed, stamped return envelope for the referringorganization's use for notification to the district court. Additional envelopesshall be available to the referring organization upon request. Any labor orother nongovernmental organization failing to provide notification to any payorat the time of placement as required by this subsection is liable for an amountof up to fifty dollars ($50.00) that the payor should have withheld from theobligor's income. The department of employment may be reimbursed by thedepartment of family services for its costs incurred under this act.
20-6-212. Duties of the payor; administrative fee.
(a) Upon receipt of certified copies of the notice to payor andthe income withholding order, the payor shall deduct and pay over income asspecified in the notice.
(b) The payor shall begin the withholding no later than thefirst pay period that occurs following service on the payor of the notice andincome withholding order. The payor shall deduct the maximum amount required bythe notice, unless otherwise ordered by the court, for each pay period. Thepayor is not required to vary his normal pay and disbursement cycles in orderto comply with this subsection. The payor shall remit the amount withheld tothe state disbursement unit within seven (7) days after the date the obligor ispaid, and the remittance shall include the name and social security number ofthe obligor and the date the income was withheld.
(c) In addition to the amount withheld from the obligor'sincome, the payor may, subject to limitations under W.S. 20-6-210(b)(iii) and27-3-319(c), deduct and retain from the obligor's remaining income five dollars($5.00) for each payment made pursuant to the income withholding order.
(d) If the payor has received more than one (1) notice topayor, all withheld amounts may be combined into a single payment in which casethe payor shall separately identify the amount which is to be credited to eachobligor. Upon request, the clerk of court or the department may provideassistance to a payor in determining the amount to be credited to each obligor.
(e) Within thirty (30) days after the obligor's employmentterminates or the obligor ceases to receive income from the payor the payorshall give written notice thereof to the clerk. The notice shall include thefollowing information:
(i) When the obligor ceased to receive income from the payor orwhen 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.
(f) For a period of one (1) year from the date the obligor'semployment terminates with the payor, the payor shall, upon request, discloseto the clerk or the department the following information:
(i) Any new address for the obligor of which the payor maybecome aware; and
(ii) The name and address of the obligor's new payor, if knownto the payor.
(g) In the case of worker's compensation or unemploymentcompensation benefits, nothing in W.S. 20-6-202(a)(i) or (xv) shall require apayor to withhold an amount for any type of support or arrearage not authorizedto be withheld from those benefits by federal law or regulation.
(h) If insurance coverage of the obligor's children is providedby or through the payor, the payor shall notify the clerk within thirty (30)days of any lapse or material change in that coverage.
(j) The payor shall not be liable to the obligor for anypayment or disclosure made as authorized by this act.
20-6-213. Notice to clerk of changes.
(a) After an income withholding order has become effectiveunder this act and within fifteen (15) days of any change:
(i) The obligee and obligor shall notify the clerk in writingof any change of address; and
(ii) The obligor shall notify the clerk in writing of the nameand address of any new payor.
(b) The department, acting pursuant to W.S. 20-6-105(a)(ii), orthe obligee shall give written notice to the clerk of the receipt of any othersupport payments including but not limited to, any federal offset or partialpayment of any arrearage.
(c) Within thirty (30) days after termination of thedepartment's authorization to receive payments for the obligee, the departmentshall give notice in writing or by electronic data transfer to the clerk tosend future payments directly to the obligee.
20-6-214. Duties of clerk of court.
(a) The clerk shall:
(i) Maintain records showing receipt and disbursement of allfunds received pursuant to this act;