9. Enforcement‎ > ‎

9.1 Introduction


Chapter Federal Authority
Enforcement Social Security Act
§452(f) and(k) Duties of the Secretary
§454(4), (18), (19), (20), and (31) State plan for child and spousal support
§466(a)(1), (2), (4), (7), (16),(17), (19), (b), (c) and (d) Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
45 CFR 302.60 Collection of past-due support from Federal tax refunds
45 CFR 302.80 Medical support enforcement
45 CFR 303.6 Enforcement of support obligations
45 CFR 303.7 Provision of services in intergovernmental IV-D cases
45 CFR 303.31 Securing and enforcing medical support obligations
45 CFR 303.32 National Medical Support Notice
45 CFR 303.72 Requests for collection for past-due support by Federal tax refund offset
45 CFR 303.73 Applications to use the courts of the United States to enforce court orders
45 CFR 303.100 Procedures for income withholding
45 CFR 305.2 Performance Measures
45 CFR 305.63 Standards for determining substantial compliance with IV-D requirements
45 CFR 308 – Annual State Self Assessment Review and Report
Subject State Authority
Introduction Wyo. Stat. § 7-13-421 Restitution as condition of parole
Wyo. Stat. § 20-2-310 Enforcement of child support
Wyo. Stat. §§ 20-2-401 – 20-2-406 Medical Support for Children
Wyo. Stat. § 20-6-104 Child support enforcement services generally
Wyo. Stat. § 20-6-106 Powers and duties of department regarding collection of support
Wyo. Stat. § 20-6-111 Driver’s license suspension; nonpayment of child support; administrative hearings
Wyo. Stat. § 20-6-112 Professional, occupational, or recreational license suspension; nonpayment of child support; notice and hearing
Wyo. Stat. §§ 20-6-201 – 20-6-222 Income Withholding Act
Wyoming Child Support Enforcement Rules
Chapter 4 General Services
Chapter 6 Income Withholding
Chapter 7 Federal Offset Program
Chapter 8 Consumer Credit Reports and Reporting
Chapter 9 Financial Institution Data Match
Chapter 10 License Revocation and Suspension
Policy Number Effective Date
9.1 July 1, 2015

Chapter

This chapter contains the following sections:

  • Administrative Remedies
  • Dunning Letters
  • Contempt
  • Federal Prosecution
  • Lien
  • License Suspension
  • Medical Support
  • Wage Withholding

Overview

Once child and medical support are established, the Child Support Program will monitor the IV-D child support case for payments and enforce the order when the non-custodial parent does not meet his or her child and/or medical support obligation(s).  Child support professionals within the Child Support Program may utilize a number of different enforcement tools supported by Wyoming and federal law.


Note:  
In 2011, the Wyoming Legislature strengthened the enforcement tools used within the Wyoming Child Support Program by requiring payment of child support as a condition of parole.

Federal Timeframes

In order to ensure the best possible service to customers of the Child Support Program, the OCSE established certain timeframes by which actions within the child support program should take place.  Below are the federal guidelines and timeframes for this chapter.

Enforcement

Within 30 calendar days of identifying a delinquency, the  Child Support Program shall take appropriate enforcement action unless service of process is necessary.  If service of process is necessary, the  Child Support Program shall complete service within 60 days of the identification of the delinquency or document unsuccessful service attempts in POSSE.  If service is unsuccessful, the case worker will examine the reasons for the failed service attempts and determine the next enforcement steps.

On an annual basis, the  Child Support Program shall submit those non-custodial parents whose arrears meet federal offset requirements to the OCSE for federal tax intercept.

To comply with this federal regulation through self-assessment, a state shall meet this requirement for seventy-five percent (75%) of all its open cases.  (45 CFR 305.63(c)(3) and 45 CFR 308.2(c))  

Income Withholding

Within 2 business days of POSSE receiving notice of an obligor's new employer, the Child Support Program shall issue a wage withholding notice to the employer utilizing the federal income withholding form.  The employer is required to send the withheld amount to the State Disbursement Unit (SDU) within 7 days of the date the obligor is paid.  

To comply with this federal regulation through self-assessment, a state shall meet this requirement for seventy-five percent (75%) of all its open cases.  (45 CFR 305.63(c)(3) and 45 CFR 308.2(c))  

Medical Support

Within 2 business days of identifying an employer for a non-custodial parent through the Wyoming Directory of New Hires, the Child Support Program will send the National Medical Support Notice (NMSN) to the employer, provided the order requires the non-custodial parent to provide medical insurance for a minor child (ren) if such insurance is availble at a reasonable cost or through an employer.  

To comply with this federal regulation through self-assessment, a state shall meet this requirement for seventy-five percent (75%) of all its open cases.  (45 CFR 305.63(c)(5) and 45 CFR 308.2(e))  

Closure

Under certain circumstances, a IV-D child support case may be closed as long as it meets all of the requirements for closure outlined in the federal regulations (45 CFR 303.11).  The criteria for closing an enforcement case are: 

  • There is no longer a current support order and arrears are under $500.00 or unenforceable ((b)(1)).
  • The non-custodial parent is deceased and no further action, including a levy against the estate, can be taken ((b)(2)).
  • The non-custodial parent cannot pay support for the duration of the child’s minority because the non-custodial parent:
    • Has been institutionalized in a psychiatric facility;
    • Is incarcerated with no chance for parole during the child’s minority; or
    • Has a medically verified total and permanent disability.

The Child Support Program shall ensure that no income or assets are available ((b)(5)).

  • The non-custodial parent is a citizen of, or lives in, a foreign country, does not work for the United States or a corporation with offices in the United States, and has no reachable domestic assets and Wyoming does not have reciprocity with the foreign country ((b)(6)).

To comply with this federal regulation through self-assessment, a state shall meet this requirement for ninety percent (90%) of all its open cases.  (45 CFR 305.63(b)(2) and 45 CFR 308.2(a))  

Federal Incentive

The federal incentive funding system to states includes two measures to track the success of states in enforcing child support obligations.  The following is a brief description of each enforcement federal incentive measure. 

Current Support Collected

In order to maximize the current support measure incentive, Wyoming shall collect more than 80% of the current support due on its IVD cases.  This measure is computed monthly and the total of all months is reported at the end of the federal fiscal year.  The federal incentive measure formula for current support collected:

Number of dollars collected for current support in IV-D cases

_____________________________________________________

Total dollars owed for current support in IV-D cases


Arrears Cases Paying

To meet the Arrears Cases Paying incentive, Wyoming must receive a payment toward past-due support fwithin a fiscal year.  In order to receive the maximum incentive amount allowed for this measure, Wyoming shall receive an arrearage payment on 80% of all cases with arrears.  The federal incentive measure formula for arrears cases paying is:

Total number of eligible IV-D cases paying toward arrears

___________________________________________________

Total number of IV-D cases with arrears due

Cross Reference

None

Version Number Last Revised Date
2 October 1, 2015