|Review and Adjustment||Social Security Act
§452(f) and(k) Duties of the Secretary45 CFR 302.56 Guidelines for setting child support awards
45 CFR 303.106 Procedures to prohibit retroactive modification of child support arrearages
45 CFR 305.63 Standards for determining substantial compliance with IV-D requirements
45 CFR 308 – Annual State Self Assessment Review and Report
|Introduction||Wyo. Stat. § 20-2-311 Adjustment of child support orders
Wyoming Child Support Enforcement Rules
Chapter 4 General Services
|Policy Number||Effective Date|
|10.1||October 1, 2010|
This chapter contains the following sections:
- Notice Requirement
- Review Criteria
- Review Completion
- Adjustment of Support Order
Child support orders are fluid in nature. As a child ages, his or her needs change; the economy changes; the state child support guidelines may change; and the financial situation of the parents change. With all of these moving parts, each IV-D program across the country shall have in place a review and adjustment process. The Wyoming CSE Program’s review and adjustment process:
- allows parents the ability to request a review of the child support order;
- attempts to locate both parents to obtain current income information;
- calculates child support based upon current circumstances;
- provides each parent with notice if a modification of the child support obligation is appropriate or not; and
- modifies those orders that meet Wyoming statutory requirements.
In addition to the federal requirement for each IV-D program to review and adjust child support orders when appropriate, federal regulation also provides that every child support payment becomes a judgment by operation of law as discussed in 9.10 Enforcement – Judgments and precludes retroactive modification of child support except under the following very limited circumstances. A modification may be retroactive to:
(1) the date the non-requesting party received notice of the modification; or
(2) any date the parties agree.
In order to ensure the best possible service to the customers within the Wyoming CSE Program, the federal OCSE established certain minimum timeframes by which actions within the child support program should take place. Below are the federal guidelines and timeframes for this chapter.
Within 180 calendar days of receiving the request to review the order or of locating the non-requesting party, the Wyoming CSE program will adjust the order or determine the order should not be modified. (45 CFR 303.8(e))
Note: The Wyoming CSE Program defines a request as a completed financial affidavit as required by the Wyoming Supreme Court along with a written request for review of the child support order. Therefore, the 180 calendar day timeframe does not start until both documents are received.
The following activities are included within the 180 calendar days:
- Send the non-requesting party the notification of the review and financial affidavit;
- Conduct the review based upon the income information provided by the parties or information necessary to impute income;
- Send a notice of the results of the review to both parties; and
- Modify the order, if appropriate.
- 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)(4) and 45 CFR 308.2(f))
|Version Number||Last Revised Date|
|1||July 1, 2014|