10.4 Criteria


Chapter Federal Authority
Review and Adjustment Social Security Act
§452(f) and(k) Duties of the Secretary
§454 (20) State plan for child and spousal support
§466(a)(10) and (d) Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
§467 State guidelines for child support awards
§454 (20) State plan for child and spousal support
§466(a)(10) and (d) Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement
§467 State guidelines for child support awards
45 CFR 302.56 Guidelines for setting child support awards
45 CFR 303.106 Procedures to prohibit retroactive modification of child support arrearages
45 CFR 308 – Annual State Self Assessment Review and Report
Subject State Authority
Review Criteria Wyo. Stat. § 20-2-311 Adjustment of child support orders
Wyoming Child Support Enforcement Rules
 Chapter 4 General Services
Policy Number Effective Date
10.4 October 1, 2010

Overview

Federal and state law provides guidance to the Wyoming CSE Program for the timing and requirements of a review of a child support order.  The Wyoming CSE Program reviews child support orders to ensure the child support obligation is appropriately based upon the income of both parents and benefits the child.  A review is an objective evaluation of information that is necessary for the application of Wyoming’s child support guidelines to determine an appropriate support award or the availability of medical support.  

Policy

Within 15 calendar days of receiving the request for review as defined in 10.1 Introduction, the case worker will determine if a review is appropriate.  

Review Required

The following situations require a review of the child support obligation by a Wyoming CSE Program case worker:

  • The order or last completed review is 36 months old and the custodial parent is receiving POWER; or
  • The order or last completed review is 36 months old and either parent requests a review.

 Review Optional

As long as the child support order is at least 6 months old, the District CSE Office may review the child support obligation if:

  • There has been a substantial change in circumstances and one of the parents or, in the case of the commencement of POWER or Medicaid, the Wyoming CSE Program, requests a review.  Substantial change in circumstances includes but is not limited to the following:
    • Commencement of POWER or Medicaid, 
    • Significant change in the needs of the child,
    • Considerable increase or decrease in assets of the parents, 
    • Emancipation of one of the children named in the order, 
    • Unemployment of the non-custodial parent (including length and reason),
    • Incarceration of the non-custodial parent (See 10.5 Review Completion for more details), or
    • Any other factors exist that indicate a substantial change as determined by the District CSE Office Attorney.
Review Not Required

The following situations do not require a review of the child support order:

  • The child will not receive at least 6 months of a newly modified order due to the age of majority or emancipation.
  • The non-requesting party cannot be located. 
  • One or both parties reside outside of Wyoming and another state has initiated review and modification proceedings.  For more information see 10.3 Jurisdiction.
  • The custodial parent has been granted good cause and is not required to cooperate with enforcement efforts.  For more information on good cause, see 6.2 Intake – Application.

Cross Reference
None

Version Number Last Revised Date
1 July 1, 2014