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12.C Discontinue Current Sppt Procedures


Appendix 12.C – Discontinue Enforcement of a Current Child Support Obligation and/or Non-assigned Arrears when Assigned Arrears Exist

Purpose:

There may be situations when a current child support obligation should not be enforced, but assigned arrears are owed to the State of Wyoming.  It may be necessary to discontinue enforcing the current monthly support obligation and collect only the assigned arrearage amount; (e.g. custodial parent requests closure when assigned arrears are owed, custodial parent chooses not to cooperate with the District CSE Office when assigned arrears are owed, or unable to locate custodial parent when assigned arrears are owed).

Assigned arrears are child support arrears that accrued during the time period(s) the custodial parent received a public assistance grant and/or Medicaid benefits from the State of Wyoming.  During this time period(s), child support is assigned to the State of Wyoming to offset the public assistance grant and/or Medicaid benefit amount provided to the family.

A child support case cannot be closed if the custodial parent is currently receiving a public assistance grant and/or Medicaid benefits as indicated on the public assistance computer system and POSSE.  POSSE Case Class shall show NON-AFDC.

Procedures:

The following procedures will be used by the case worker when making a determination for an appropriate case action for all scenarios described in #1 above:

1. The case worker will end date the child(ren) on all of the custodial parent’s cases where a current child support obligation and/or non-assigned arrears will not be enforced using the last day of the current month and current year in which a determination is made based on the scenarios described in #1 above (e.g. custodial parent requests closure January 15, 2005, End date will be January 31, 2005);

2. The case worker will request a CSE251P1- Balance Analysis process for each custodial parent case where a current child support obligation and/or non-assigned arrears will not be enforced;

3. The case worker will request a CSE767P1 – Child Support Summary report for each custodial parent case where a current child support obligation and/or non-assigned arrears will not be enforced to determine the amount of assigned arrearage owed to the State of Wyoming at the time the child(ren) were end dated;

4. The case worker will enter a “9999” Judgment and Stipulation for each custodial parent case where a current child support obligation and/or non-assigned arrears will not be enforced using the amount of assigned arrearages or unreimbursed public assistance balance, whichever is less, shown on the CSE767P1.  This amount will be entered as being owed by the Non-custodial parent and owed to the State.  The date entered in the “Judgment Thru” date field will be the same date as the end date used for each child in #1, above.  The CSE767P1 will be kept in the physical case file as proof of the amounts used when creating the “9999” Judgment and Stipulation and a copy will be sent to the Clerk of District Court;

5. The case worker will request another CSE251p1- Balance Analysis for each custodial parent case where a current child support obligation and/or non-assigned arrears will not be enforced to make sure the financial transaction is recorded properly on POSSE;

6. The case worker will make sure each child support case file contains appropriate documentation. (e.g. written request from custodial parent to close case, documentation proving custodial parent noncooperation, documentation showing custodial parent unable to be located);

7. The case worker will enter a case activity log on each child support case documenting the reason(s) why the current monthly child support obligation and/or non-assigned arrears is no longer being enforced;

8. The case worker will complete and send the original “Notice of Enforcement of Assigned Arrears Only”  POSSE Document NENAAOA1 along with a copy of the CSE767P1to the Clerk of District Court where the child support order is filed for each custodial parent case where a current child support obligation and/or non-assigned arrears will not be enforced and a copy to the custodial parent and noncustodial parent; and

9. The case worker will place a copy of the “Notice of Enforcement of Assigned Arrears Only” in each custodial parent case file where a current child support obligation and/or non-assigned arrears will not be enforced.

The following procedures will be used by the case worker when the custodial parent reapplies for IV-D services and requests enforcement of a current child support obligation and/or any child support arrears owed to the custodial parent or the custodial parent becomes eligible for a public assistance program requiring cooperation with the Child Support Enforcement Division:

1. The case worker will remove the end date on the child(ren) on all custodial parent cases where enforcement of a current child support obligation and/or non-assigned arrears is required;

2. The case worker will request a CSE251p1 – Balance Analysis process for each custodial parent case where enforcement of a current child support obligation and/or non-assigned arrears is required;

3. The case worker will void the “9999” Judgment and Stipulation from each custodial parent case where enforcement of a current child support obligation and/or non-assigned arrears is required;

4. The case worker will make sure each custodial parent case where enforcement of a current child support obligation and/or non-assigned arrears is required contains all of the appropriate child support obligations and all payment information;

5. The case worker will request another CSE251p1 – Balance Analysis process for each custodial parent case where enforcement of a current child support obligation and/or non-assigned arrears is required to make sure the financial transaction is recorded properly on POSSE;

6. The case worker will make sure each child support case file contains appropriate documentation from the custodial parent requesting enforcement of a current child support obligation and/or non-assigned arrears;

7. The case worker will enter a case activity log on each child support case documenting the reason(s) why the current monthly child support obligation and/or non-assigned arrears is now being enforced; 

8. The case worker will complete and send the original “Notice of IV-D Support Order Enforcement” – POSSE Document N4DSOEA1 to the Clerk of District Court where the child support order is filed for each custodial parent case where a current child support obligation and/or non-assigned arrears will not be enforced and a copy to the custodial parent and noncustodial parent; and

9. The case worker will place a copy of the “Notice of IV-D Support Order Enforcement” in each custodial parent case file where a current child support obligation and/or non-assigned arrears will not be enforced.