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15.5 Enforcement


Chapter Federal Authority
Military Servicemembers Civil Relief Act
50 U.S.C. App. §§ 501-596
Social Security Act
§452(f) Duties of the Secretary
§454 (20) State plan for child and spousal support
§466(a)(1) and (19), (b) and (d) Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
15 USC §1673 Federal restrictions on garnishments
45 CFR 302.80 Medical support enforcement
45 CFR 303.31 Securing and enforcing medical support obligations
45 CFR 303.32 National Medical Support Notice
45 CFR 303.100 Procedures for income withholding
45 CFR 305 Program Performance Measures, Standards, Financial Incentives and Penalties
Subject State Authority
Enforcement Wyo. Stat. § 20-2-405 Priorities of payment
Wyo. Stat. §§ 20-2-401 – 20-2-406 Medical Support for Children
Wyo. Stat. § 20-4-171 Employer’s receipt of income withholding order of another state; employer’s compliance with income withholding of another state; compliance with multiple income withholding orders
Wyo. Stat. §§ 20-6-201 – 20-6-222 Income Withholding Act
Wyoming Child Support Enforcement Rules
Chapter 4 General Services
Chapter 6 Income Withholding
Policy Number Effective Date
15.5 October 1, 2010

Overview

The Wyoming CSE Program can use all federal and state enforcement remedies to monitor cases for payments and enforce the order when the non-custodial parent does not meet his or her child and/or medical support obligation(s).  When the non-custodial parent is in the military, the “employer” is known, and the Wyoming CSE Program can rely on the Department of Defense (DOD) and its payroll office, the Defense Finance and Accounting Service (DFAS) to withhold wages and enroll children in TRICARE, the military’s health care coverage program.

 Policy

Wage Withholding

When the non-custodial parent is active or retired military or an active or retired federal civilian employee (e.g. those federal employees who worked for the DOD), the case worker will proceed with a wage withholding as described in 9.9 Enforcement – Wage Withholding and send the wage withholding to the appropriate military or federal entity as found in Appendix 15.I – Military Income Withholding.


Note:  
Once DFAS receives a wage withholding, it may take up to 60 days for the Wyoming State Disbursement Unit (SDU) to receive the initial payment.



Note:  
Veteran’s disability benefits cannot be withheld unless the retired service member waived a portion of his or her retirement or retainer pay in order to receive the disability benefit.  .

Medical Support

TRICARE is the health care benefit provided to military personnel, active and retired, and dependents of military service members.  The case worker will review the Federal Case Registry (FCR) screens to determine if the child has already been enrolled in TRICARE through the military’s Defense Enrollment and Eligibility Reporting System (DEERS).  If the child is not enrolled in DEERS, the case worker will provide assistance to the custodial parent to ensure the eligible child is enrolled in DEERS.  The custodial parent should:

  • Locate the nearest Real-Time Automated Personnel Identification Card System (RAPIDS) issuing site (See http://www.tricare.mil/DEERS/);
  • Obtain proof of paternity for the child (e.g. voluntary acknowledgment filed with Vital Records Services, court order, or copy of birth certificate); and
  • Document the military service member’s social security number.

Once enrolled DEERS, the child may obtain health care through military hospitals or by sharing the cost of health care through civilian hospitals.

For civilian personnel of the DOD, the case worker will utilize the National Medical Support Notice (NMSN) as described in 9.8 Enforcement – Medical Support


Version Number Last Revised Date
1 July 1, 2014