12.B - CP Deceased Procedures

Appendix 12.B - CP Deceased Procedures

Purpose:

When the custodial parent is deceased, a question exists of what should be done with current child support and child support arrears owed to the custodial parent.  

Procedures:

The following procedures shall be used by the case worker when making a determination for an appropriate case action after discovering a custodial parent in a child support case is deceased:

1. When notice is received that a custodial parent is deceased, the District Child Support Program (CSP) Office case worker shall verify the date of death and make sure documentation is included in the case file and the date of death entered on POSSE on Person Maintenance.  Current child support shall terminate effective the last day of the previous month that the custodial parent was deceased.

2. The case worker must:

a. Enter a 999 Stipulated Judgment to remove any arrears owed on a deceased custodial parent’s case. Detailed Case Activity Log Notes must be entered           regarding the 999 Stipulated Judgment.

b. Terminate any Income Withholding Orders entered the previous three years as long as no connected cases with arrears due exist.

c. Ensure all CP address and employment records have a status of Stale.

d. Reinstate the noncustodial parent’s suspended license including:

• Driver License,

• Recreational License,

• Professional License, and/or

• Occupational License.

e. Close the case under 45 CFR 303.11(b)(1) – no current support obligation and arrearage under $500 in accordance with Chapter 12 – Closure.  A detailed Case Activity Log  Note must be entered in POSSE regarding the closure of the case. The case worker must generate the closure letter and place a copy in the case file. It is not necessary to mail the closure letter to the custodial parent because the custodial parent is deceased. 

3. The Wyoming CSP must not collect arrears owed to the custodial parent unless presented with a court order stating to whom the arrearage should be paid.  The person presenting the court order shall apply for IV-D services before the Wyoming CSP must attempt to collect on the arrearage.  The Wyoming CSP must not be involved in obtaining such an order.  

4. Any future caretaker with legal custody of the minor children of the deceased custodial parent shall apply for IV-D services if the caretaker wants the Wyoming CSP to establish and enforce a child support order.  If a child support order exists giving the caretaker legal custody of the children, the caretaker shall apply for IV-D services if the caretaker wants the Wyoming CSP to enforce the existing order and shall provide a copy of the order to the District CSP Office. 

5. If a child support payment is received after the date of the custodial parent’s death and there are no assigned arrears to the State, and no order regarding distribution of nonassigned arrears has been entered, the payment shall be refunded to the noncustodial parent.