14.2 Debts

Federal Authority:

Social Security Act

§454(27) - State plan for child and spousal support

§456(a) - Support obligations


Code of Federal Regulations

45CFR 301.1 - General definitions

45CFR 302.32 - Collection and disbursement of support payments by the IV-D Agency

45CFR 302.50 - Assignment of rights to support

45CFR  302.54 - Notice of collection of assigned support

State Authority:

Wyoming Statute

Wyo. Stat. § 14-2-204 - Liability for support; right of action; venue; service; measure of recovery; remedies cumulative; execution; continuing jurisdiction; notice

Wyo. Stat. § 20-2-309 - Contents of order; change of address or employment; income withholding entered; payment

Policy Number: 14.2

Effective Date: October 1, 2010

Overview

Child support obligations are established by court or administrative order.  In Wyoming, only a District Court can establish a child support obligation as described in detail in Chapter 8 Establishment in IV-D cases or through a private attorney action.  

Note:  The court order is only enforceable after the District Court Judge signs the order and is enforced by the District Child Support Program (CSP) Office not the State Disbursement Unit (SDU).

Policy

In the Wyoming CSP, the Clerk of District Court’s Office is responsible for entering court orders into POSSE; however, some Clerks of District Court have asked the District CSP Office to enter IV-D child support orders into POSSE.  The District CSP Office Manager or the Clerk of District Court can provide specific details regarding court order entry.  For purposes of this section, the term “case worker” will be used to identify the person entering the child support order for either the Clerk of District Court or the District CSP Office.

Most child support orders contain a current child support obligation, a medical support provision, and a judgment for past-due support or costs and fees associated with the action.

Commencement Date

The date the child support obligation begins is governed by the following rules:

Note:  Notwithstanding the commencement date, the Wyoming CSP does not pro-rate child support.  The entire child support obligation is due and owing for that month whether the court order begin date is the first of the month, the middle of the month, or the last of the month.

Medical Support

Wyoming District Court Judges may order one or both parents to provide health care coverage for the child as described in 8.4 Establishment – Medical Support.  Based upon the medical support provisions in the order, the case worker will update the appropriate POSSE screens with the medical support provisions. 

Judgments

A judgment in a child support order obtained through the Wyoming CSP may contain one or more of the following:

All "judgment thru" dates on POSSE will be through the end of the month.  Case workers will use the following rules for “thru” dates when entering judgments on POSSE:

Note:  In order for the non-custodial parent to receive credit for all payments made, the current support “begin date” shall be after the “judgment thru” date.

Cross Reference

None

Version Number: 2

Last Revised Date: September 17, 2021

Last Reviewed Date: