13.5 Enforcement

Federal Authority:

Social Security Act

§452(f) and (k) - Duties of the Secretary

§454(4), (18), (19), (20), and (31) - State plan for child and spousal support

§466(a)(1), (2), (4), (7), (16), (17), (19), (b), (c), and (d) - Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement

Code of Federal Regulations

45 CFR 302.60 - Collection of past-due support from Federal tax refunds

45 CFR 303.80 - Medical support enforcement

45 CFR 303.6 - Enforcement of support obligations

45 CFR 303.7 - Provision of services in intergovernmental IV-D cases

45 CFR 303.31 - Securing and enforcing medical support obligations

45 CFR 303.32 - National Medical Support Notice

45 CFR 303.72 - Requests for collection for past-due support by Federal tax refund offset

45 CFR 303.73 - Applications to use the courts of the United States to enforce court orders

45 CFR 303.100 - Procedures for income withholding

State Authority:

Wyoming Statute

Wyo. Stat. § 20-2-310 - Enforcement of child support

Wyo. Stat. § 20-2-312 - Redirection of child support

Wyo. Stat. § 20-2-401 - 20-2-406 - Medical Support for Children

Wyo. Stat. § 20-6-104 - Child support enfocement services general

Wyo. Stat. § 20-6-106 - Powers and duties of department regarding collection of support

Wyo. Stat. § 20-6-111 - Driver's license suspension; nonpayment of child support; administrative hearings

Wyo. Stat. § 20-6-112 - Professional, occupational, or recreational license suspension; nonpayment of child support; notice and hearing

Wyo. Stat. § 20-6-201 - 20-6-222 - Income Withholding Act

Wyoming Child Support Enforcement Rules

Chapter 4 - General Services

Chapter 6 - Income Withholding

Chapter 7 - Federal Offset Program

Chapter 8 - Consumer Credit Reports and Reporting

Chapter 9 - Financial Institution Data Match

Chapter 10 - License Revocation and Suspension

Policy Number: 13.5

Effective Date: October 1, 2010

Overview

Once a parental contribution for a child placed in foster care is established or an existing child support obligation is redirected to the Department of Family Services (DFS), the Wyoming Child Support Program (CSP) can use all federal and state enforcement remedies to monitor foster care cases for payments and enforce the order when the non-custodial parent does not meet his or her child and/or medical support obligation(s).

Policy

Once a parental contribution is established for a child in a state case or an existing child support obligation is redirected to the DFS, the Wyoming CSP will enforce the child and medical support order as detailed in Chapter 9 Enforcement. The enforcement remedies available to the case worker include:

Administrative Remedies
- Federal Tax Offset Program
- Federal Administrative Offset Program
- Passport Denial
- Multistate Financial Institution Data Match
- Insurance Match Program
- Credit Bureau Reporting
- Financial Institution Data Match (FIDM)
- Unclaimed Properties
Dunning Letters
Contempt
Federal Prosecution
Lien
License Suspension
Wage Withholding

Connected Cases

Many foster care child and medical support obligations are redirected from an original divorce decree or paternity order (See 13.4 Foster Care – Establishment). When this occurs, the Wyoming CSP will enforce the child support obligation as it would any other IV-D child support case; however, when the child leaves state custody, the case worker will re-direct the child support and medical support obligations back to the original order. Once a child is transferred to another POSSE case, the foster care case will become an “arrears only” case.

Note: While the District CSP Office will continue enforcement actions to collect the child support arrears due on the foster care case, federal distribution laws described in Chapter 14 Collection and Distribution may require the distribution and disbursement of the child support collected to the “tie-to” case with current support rather than the foster care case.

Cross Reference

None

Version Number: 1

Last Revised Date: July 1, 2014

Last Reviewed Date:

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