14.2 Debts


Chapter Federal Authority
Collection and Distribution Social Security Act
§454 (27) State plan for child and spousal support
§456(a) Support obligations
45 CFR 301.1 General definitions
45 CFR 302.32 Collection and disbursement of support payments by the IV-D Agency
45 CFR 302.50 Assignment of rights to support
45 CFR 302.54 Notice of collection of assigned support
Subject State Authority
Debts Wyo. Stat. § 14-2-204 Liability for support; right of action; venue; service; measure of recovery; remedies cumulative; execution; continuing jurisdiction; notice
Wyo. Stat. § 20-2-309 Contents of order; change of address or employment; income withholding entered; payment
Policy Number Effective Date
14.2 October 1, 2010

Overview

Child support obligations are established by court or administrative order.  In Wyoming, only a District Court can establish a child support obligation as described in detail in Chapter 8 Establishment in IV-D cases or through a private attorney action.  


Note:  The court order is only enforceable after the District Court Judge signs the order and is enforced by the District CSE Office not the State Disbursement Unit (SDU).

Policy

In the Wyoming CSE Program, the Clerk of District Court’s Office is responsible for entering court orders into POSSE; however, some Clerks of District Court have asked the District CSE Office to enter IV-D child support orders into POSSE.  The District CSE Office Manager or the Clerk of District Court can provide specific details regarding court order entry.  For purposes of this section, the term “case worker” will be used to identify the person entering the child support order for either the Clerk of District Court or the District CSE Office.

Most child support orders contain a current child support obligation, a medical support provision, and a judgment for past-due support or costs and fees associated with the action.

Commencement Date

The date the child support obligation begins is governed by the following rules:

  • If the court order provides a date for the commencement of current support, the case worker will enter that date into POSSE as the initial payment due date.
  • If the court order does not provide a date for commencement of current support, the case worker will use the file-stamped date of the order as the initial payment due date and update POSSE accordingly.


Note:  Notwithstanding the commencement date, the Wyoming CSE Program does not pro-rate child support.  The entire child support obligation is due and owing for that month whether the court order begin date is the first of the month, the middle of the month, or the last of the month.



Medical Support

Wyoming District Court Judges may order one or both parents to provide health care coverage for the child as described in 8.4 Establishment – Medical Support.  Based upon the medical support provisions in the order, the case worker will update the appropriate POSSE screens with the medical support provisions. 

Judgments

A judgment in a child support order obtained through the Wyoming CSE Program may contain one or more of the following:

  • Past-due support owed to the custodial parent; 
  • Past-due support owed to the State of Wyoming; 
  • Filing fees; 
  • Cost of service of process; and/or
  • Genetic testing fees.

All “judgment thru” dates on POSSE will be through the end of the month.  Case workers will use the following rules for “thru” dates when entering judgments on POSSE:

  • If the child support order contains a current support obligation along with a judgment, the judgment thru date will be the last day of the month before the start date of current support.  For instance, if the current support obligation begins March 14, 2010, the case worker will enter the judgment through the end of February 2010.  
  • If the child support order does not contain a current support obligation, the case worker will enter the judgment through the end of the month prior to the file-stamp date of the order.  For instance, if the child support order is filed April 5, 2010, the judgment will be entered through March 2010.  

Note:  In order for the non-custodial parent to receive credit for all payments made, the current support “begin date” shall be after the “judgment thru” date.

Cross Reference
None

Version Number Last Revised Date
2 July 1, 2014