Chapter | Federal Authority |
Intergovernmental | Social Security Act§452(a)(11) Duties of the Secretary45 CFR 302.36 Provision of services in intergovernmental and intergovernmental IV-D cases 45 CFR 303.7 Provision of services in intergovernmental IV-D cases |
Subject | State Authority |
Responding – Modification | Wyo. Stat. § 20-4-155 Duties and powers of responding tribunal Wyo. Stat. § 20-4-157 Duties of support enforcement agency Wyo. Stat. § 20-4-176 Choice of law Wyo. Stat. § 20-4-181 Procedure to register child support order of another state for modification Wyo. Stat. § 20-4-182 Effect of registration for modification Wyo. Stat. § 20-4-183 Modification of child support order of another state Wyo. Stat. § 20-4-184 Recognition of order modified in another state Wyo. Stat. § 20-4-193 Jurisdiction to modify child support order of another state when individual parties reside in this state Wyo. Stat. § 20-4-194 Notice to issuing tribunal of modification Wyoming Child Support Enforcement Rules Chapter 4 General Services |
Policy Number | Effective Date |
11.3.4 | July 1, 2015 |
Overview
One of the major components of the Uniform StateFamily Support Act (UIFSA) is the “one order” principle. Basically, only one order for child support may be in effect at one time. In order to modify a child support order, a tribunal shall have continuing, exclusive jurisdiction (CEJ) as described in Appendix 11.B – Continuing Exclusive Jurisdiction.
Policy
When a District CSE Office receives a request from another state to modify a child support order, there are 3 possible alternatives for modification based upon the situation:
1) Modifying a Wyoming order;
2) Registering and modifying another state’s order; or
3) Registering multiple orders for a determination of controlling order, arrears calculation, and modification of the controlling order.
Wyoming Order
If the Initiating State requests modification of a Wyoming order, the case worker will:
- Confirm Wyoming has CEJ as outlined in Appendix 11.B – Continuing Exclusive Jurisdiction;
- Review the case for a possible modification of the child support obligation and medical support as discussed in Chapter 10 Review and Adjustment; and
- Update the Initiating State as required by the timeframes discussed in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.
Another State’s Order
If the request from the Initiating State is to register and modify another state’s order, the case worker will:
- Confirm Wyoming has CEJ as outlined in Appendix 11.B – Continuing Exclusive Jurisdiction;
- Ensure the intergovernmental packet includes all of the documents needed to register and modify the order as listed in Appendix 11.C – Intergovernmental Forms;
- File the intergovernmental packet with the Clerk of District Court;
- Proceed with the modification according to Chapter 10 Review and Adjustment after the order is registered; and
- Monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.
Multiple Orders
If the request from the Initiating State is to register multiple orders and request a determination of controlling order prior to modification , the case worker shall:
- Confirm Wyoming has CEJ as outlined in Appendix 11.B – Continuing Exclusive Jurisdiction;
- Ensure the intergovernmental packet includes all of the documents (Appendix 11.C – Intergovernmental Forms) needed to make a determination of controlling order (DCO) described in Appendix 11.A – Determination of Controlling Order and modify the controlling order;
- Determine the controlling order base upon the intergovernmental packet (If needed, please ask the District CSE Office Attorney for guidance);
- File the intergovernmental packet with the Clerk of District Court and request a DCO, arrears calculation as shown in Appendix 11.D – Arrears Calculation, and modification of the controlling order;
- Proceed with the modification according to Chapter 10 Review and Adjustment after the order is registered; and
- Monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.
Cross Reference
Appendix 11.A – Determination of Controlling Order
Appendix 11.B – Continuing Exclusive Jurisdiction
Version Number | Last Revised Date |
I2 | July 1, 2015 |