10.1 Introduction

State Authority

Wyoming Statute

Wyo. Stat. § 20-2-311 Adjustment of child support orders 

Wyoming Child Support Enforcement Rules

Chapter 4 General Services

Chapter

This chapter contains the following sections:

• Notice Requirement

• Jurisdiction

• Review Criteria

• Review Completion

• Adjustment of Support Order

Overview

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 Child Support Program's (CSP) 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.

Federal Timeframes

In order to ensure the best possible service to the customers within the Wyoming CSP, 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.

Review and Adjustment

Within 180 calendar days of receiving the request to review the order or of locating the non-requesting party, the Wyoming CSP will adjust the order or determine the order should not be modified.  (45 CFR 303.8(e))

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))  

Incarcerated Parents

The Wyoming CSP shall initiate a review and adjustment without the need for a specific request after learning that the parent who owes support will be incarcerated for more than 180 days. In this instance, Financial Affidavits shall not be required in order to proceed.

Cross Reference

None