13.6 Support Termination

Overview

CSE When a child is in out-of-home placement and in the custody of the Department of Family Services (DFS), DFS will provide shelter until the child is reunited with his or her family, adopted, placed in another permanent home, or emancipates. Once one of these alternatives occurs, the parental contribution ends. The Wyoming CSP Program will assess the case for further action based upon the reason the parental contribution ended or any specific guidance in a court order for future enforcement of child support arrears.

Policy

Suspending Support

Out-of-Home Placement Ends

The parental obligation is suspended when the child returns to the family even if DFS continues to have legal custody of the child or if the child is placed with a guardian whether paid or unpaid. Depending upon the District Court, the District CSP Office will:

• File a Motion and Order to Suspend the parental contribution; or

• File a Motion for Entry of Final Order.

Redirection of Child Support

When a child leaves DFS care and custody and DFS notifies the District CSP Office, the case worker will redirect the parental contribution on the POSSE foster care case back to the original Mother vs. Father POSSE case by having the District CSP Office Attorney sign an affidavit or notice terminating the Affidavit of Redirection.

Terminating Support

Unless terminated by court order, the parental obligation ends as discussed below.

Termination of Parental Rights

When the rights of a parent are relinquished or terminated, child support only ends if:

• the termination is conducted by the Department of Family Services (DFS) through the Wyoming Attorney General’s office or the county attorney;

• the order terminating parental rights specifically indicates child support terminates; or

• the child is adopted.

Adoption

If a child in DFS custody is adopted, the parental obligations for both the mother and father end as of the date of the adoption.

Age of Majority

In Wyoming, a child reaches the age of majority at 18 years or can emancipate earlier under certain circumstances described in 12.3 Closure – Termination of Support; however, if a child is in state custody and remains in out-of-home placement after the age of majority, the parental obligation to support the child continues until the child leaves out-of-home placement or reaches the age of 21.

End-Dating Children

The District CSP Office will end-date a child in POSSE that stops the parental obligation when:

• The child is adopted.

• The child emancipates.

• The parent’s parental rights are terminated and the Order Terminating the Parental Rights indicates the parental obligation ends.

• The local DFS notifies the District CSP Office the child is no longer in state custody.

• WYCAPS or the monthly report provided by DFS indicates the child is no longer in state custody, and this is verified by the local DFS office.

If the child leaves placement before the 15th of the month, the District CSP Office will use the end of the previous month as the end date. If the child leaves placement on or after the 15th of the month, the District CSP Office will use the last day of that month as the end date.

Reinstating Support

Under certain circumstances, a child may return to out-of-home placement and the care of DFS. When this occurs and a parental obligation order has already been established, the District CSP Office may reinstate the parental contribution by filing a motion to reinstate the parental contribution; however, some District Courts limit the amount of time between placements and may require that the District CSP Office establish a new parental contribution. Therefore, the case worker will discuss each reinstatement situation with the District CSP Office Attorney before proceeding.

Cross Reference

None