11.3.4 Responding - Modification

Overview

One of the major components of the Uniform StateFamily Support Act (UIFSA) is the “one order” principle. Basically, only one order for child support may be in effect at one time. In order to modify a child support order, a tribunal shall have continuing, exclusive jurisdiction (CEJ) as described in Appendix 11.B – Continuing Exclusive Jurisdiction.

Policy

When a District CSE Office receives a request from another state to modify a child support order, there are 3 possible alternatives for modification based upon the situation:

1) Modifying a Wyoming order;

2) Registering and modifying another state’s order; or

3) Registering multiple orders for a determination of controlling order, arrears calculation, and modification of the controlling order.

Wyoming Order

If the Initiating State requests modification of a Wyoming order, the case worker will:

• Confirm Wyoming has CEJ as outlined in Appendix 11.B – Continuing Exclusive Jurisdiction;

• Review the case for a possible modification of the child support obligation and medical support as discussed in Chapter 10 Review and Adjustment; and

• Update the Initiating State as required by the timeframes discussed in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Another State’s Order

If the request from the Initiating State is to register and modify another state’s order, the case worker will:

• Confirm Wyoming has CEJ as outlined in Appendix 11.B – Continuing Exclusive Jurisdiction;

• Ensure the intergovernmental packet includes all of the documents needed to register and modify the order as listed in Appendix 11.C – Intergovernmental Forms;

• File the intergovernmental packet with the Clerk of District Court;

• Proceed with the modification according to Chapter 10 Review and Adjustment after the order is registered; and

• Monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Multiple Orders

If the request from the Initiating State is to register multiple orders and request a determination of controlling order prior to modification , the case worker shall:

• Confirm Wyoming has CEJ as outlined in Appendix 11.B – Continuing Exclusive Jurisdiction;

• Ensure the intergovernmental packet includes all of the documents (Appendix 11.C – Intergovernmental Forms) needed to make a determination of controlling order (DCO) described in Appendix 11.A – Determination of Controlling Order and modify the controlling order;

• Determine the controlling order base upon the intergovernmental packet (If needed, please ask the District CSE Office Attorney for guidance);

• File the intergovernmental packet with the Clerk of District Court and request a DCO, arrears calculation as shown in Appendix 11.D – Arrears Calculation, and modification of the controlling order;

• Proceed with the modification according to Chapter 10 Review and Adjustment after the order is registered; and

• Monitor the intergovernmental case within the timeframes noted in 11.1 – Intergovernmental Introduction and as appropriate for CSENet or non-CSENet states.

Cross Reference

Appendix 11.A – Determination of Controlling Order

Appendix 11.B – Continuing Exclusive Jurisdiction

Appendix 11.C – Intergovernmental Forms

Appendix 11.D – Arrears Calculation