11.2  Initiating

State Authority:

Wyoming Statute

Wyo. Stat. §§ 20-4-139 et seq. Uniform Intergovernmental Family Support Act

Wyo. Stat. § 20-4-142 Basis for jurisdiction over nonresident

Wyo. Stat. § 20-4-154 Duties of initiating tribunal

Wyo. Stat. § 20-4-157 Duties support enforcement agency

Wyoming Child Support Enforcement Rules

Chapter 4 General Services 

Chapter 16 Services in Intergovernmental Cases 

Overview

When an alleged father or non-custodial parent is located outside of Wyoming, the case worker will review the case to determine if Wyoming can pursue the case directly without the assistance of the other state or agency (e.g. long-arm jurisdiction) or if the case should be referred to the other state.  

Policy

The following are actions that may be initiated by Wyoming to another state.

Quick Locate

See 7.6 Locate - Quick Locate for details.

Redirect Payments

In order to redirect child support payments from the issuing state to Wyoming, the case worker will:

• Complete the appropriate federally mandated forms to redirect child support as described in Appendix 11.C – Intergovernmental Forms; and

• Update POSSE to record and track the intergovernmental case; and

• Send the intergovernmental request electronically to CSENet States; or

• Mail the intergovernmental packet to the Central Registry in the Responding State. (This information is available on the Intergovernmental Referral Guide (IRG1 ).)

From this point forward, the case worker will monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Paternity

One important concept of UIFSA is “long-arm jurisdiction.”  This broad provision allows a tribunal in Wyoming where the custodial parent and child reside to exercise personal jurisdiction over the alleged father residing outside of Wyoming.  According to statute, Wyoming has jurisdiction to establish paternity if the alleged father:

1) Is served within Wyoming; 

2) Submits to jurisdiction by general appearance or filing a responsive pleading;

3) Resided with the child in Wyoming;

4) Resided in Wyoming and provided prenatal expenses of support for the child;

5) Caused the child to reside in Wyoming;

6) Engaged in sexual intercourse with the mother in Wyoming and the child may have been conceived in Wyoming;

7) Asserted parentage; or

8) Any other constitutional basis for personal jurisdiction.

If Wyoming has jurisdiction to establish paternity, the case worker will proceed as discussed in Chapter 8 – Establishment to establish paternity in a “one-state” action.  On the other hand, if Wyoming does not have jurisdiction to establish paternity, Wyoming shall request assistance from the state where the alleged father is located.  

In order to establish paternity in another state, the Wyoming case worker will:

• Complete the appropriate federally mandated forms to establish paternity as described in Appendix 11.C – Intergovernmental Forms; 

• Update POSSE to record and track the intergovernmental case; 

• Send the intergovernmental request electronically to CSENet States; and

• Mail the intergovernmental packet to the Central Registry in the Responding State.  (This information is available on the IRG2.)

From this point forward, the case worker will monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Once the Responding State establishes paternity, the case worker will update POSSE with the paternity information as described in Appendix 11.F – PEP Data Reliability Review.

Establishment

If paternity has been established and Wyoming does not have jurisdiction to establish child and medical support, the case worker will:

• Complete the appropriate federally mandated forms to establish child and medical support as described in Appendix 11.C – Intergovernmental Forms; 

• Update POSSE to record and track the intergovernmental case; 

• Send the intergovernmental request electronically to CSENet States; and

• Mail the intergovernmental packet to the Central Registry in the Responding State. (This information is available on the IRG3 .)

From this point forward, the case worker will monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Enforcement – One Order

In those cases where Wyoming cannot enforce an order directly (e.g. direct income withholding), the case worker will:

• Complete the appropriate federally mandated forms to refer the case to another state for enforcement of child and medical support as described in Appendix 11.C – Intergovernmental Forms; 

• Update POSSE to record and track the intergovernmental case; 

• Send the intergovernmental request electronically to CSENet States; and

• Mail the intergovernmental packet to the Central Registry in the Responding State.  (This information is available on the IRG4.)

From this point forward, the case worker will monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Enforcement – Multiple Orders

If there are multiple child support orders for one case, the case worker will:

• Make an initial controlling order determination as illustrated in Appendix 11.A – Determination of Controlling Order (If needed, please ask the District Child Support Program (CSP) Attorney for guidance); 

• Complete the appropriate federally mandated forms as shown in Appendix 11.C – Intergovernmental Forms to determine the controlling order through a tribunal, register the controlling order for enforcement with the District Court, and calculate the child support arrears as described in Appendix 11.D – Determination of Arrears; 

• Update POSSE to record and track the intergovernmental case; 

• Send the intergovernmental request electronically to CSENet States; and

• Mail the intergovernmental packet to the Central Registry in the Responding State.  (This information is available on the IRG5.)

From this point forward, the case worker will monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Modification – One or More Orders

During a modification, UIFSA requires a controlling order determination if there is more than one order.  Therefore, the case worker will:

• If necessary, make an initial controlling order determination as illustrated in Appendix 11.A – Determination of Controlling Order (If needed, please ask the District CSP Attorney for guidance); 

• Complete the appropriate federally mandated forms as shown in Appendix 11.C – Intergovernmental Forms to determine the controlling order through a tribunal, register the controlling order for modification and enforcement with the District Court, and calculate the child support arrears as described in Appendix 11.D – Determination of Arrears; 

• Update POSSE to record and track the intergovernmental case; 

• Send the intergovernmental request electronically to CSENet States; and

• Mail the intergovernmental packet to the Central Registry in the Responding State.  (This information is available on the IRG6.)

From this point forward, the case worker will monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Closure

When Wyoming is the Initiating State, the case worker will request the Responding State close its case when:

• The case meets federal closure criteria as detailed in Chapter 12 Closure; or

• The non-custodial parent is located in another state.

The case worker will send the closure request to the Responding State via CSENet or regular mail.

Cross Reference

Appendix 11.A – Determination of Controlling Order

Appendix 11.C – Intergovernmental Forms

Appendix 11.D – Determination of Arrears

Appendix 11.F – PEP Data Reliability Review

________________________________

1The IRG can be found at http://www.acf.hhs.gov/programs/css/irg-state-map

 2The IRG can be found at http://www.acf.hhs.gov/programs/css/irg-state-map

3The IRG can be found at http://www.acf.hhs.gov/programs/css/irg-state-map

4 The IRG can be found at http://www.acf.hhs.gov/programs/css/irg-state-map 

5The IRG can be found at http://www.acf.hhs.gov/programs/css/irg-state-map

6  The IRG can be found at http://www.acf.hhs.gov/programs/css/irg-state-map