15.5 Enforcement

Federal Authority:

Servicemembers Civil Relief Act

50 U.S.C. App. §§  501-596

Social Security Act

§452(f) - Duties of the Secretary

§454(20)  - State plan for child and spousal support

§466(a)(1) and (19), (b), and (d) - Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement


15 USC  §1673 - Federal restrictions on garnishments


Code of Federal Regulations

45CFR 302.80 - Medical support enforcement

45CFR 303.31 - Securing and enforcing medical support obligations

45CFR 303.32 - National Medical Support Notice

45CFR 303.100 - Procedures for income withholding

45CFR 305 - Program Performance Measures, Standards, Financial Incentives and Penalties

State Authority:

Wyoming Statute

Wyo. Stat. § 20-2-405 Priorities of payment

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

Wyo. Stat. § 20-4-171 Employer's receipt of income withholding order of another state; employer's compliance with income withholding of another state; compliance with multiple income withholding orders

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



Wyoming Child Support Enforcement Rules

Chapter 4 - General Services

Chapter 6 - Income Withholding

Policy Number: 15.5

Effective Date: October1, 2010

Overview

The Wyoming CSP can use all federal and state enforcement remedies to monitor 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).  When the non-custodial parent is in the military, the “employer” is known, and the Wyoming CSP can rely on the Department of Defense (DOD) and its payroll office, the Defense Finance and Accounting Service (DFAS) to withhold wages and enroll children in TRICARE, the military’s health care coverage program.

 Policy

Wage Withholding

When the non-custodial parent is active or retired military or an active or retired federal civilian employee (e.g. those federal employees who worked for the DOD), the case worker will proceed with a wage withholding as described in 9.9 Enforcement – Wage Withholding and send the wage withholding to the appropriate military or federal entity as found in Appendix 15.I – Military Income Withholding.

Note:  Once DFAS receives a wage withholding, it may take up to 60 days for the Wyoming State Disbursement Unit (SDU) to receive the initial payment.

Note:  Veteran’s disability benefits cannot be withheld unless the retired service member waived a portion of his or her retirement or retainer pay in order to receive the disability benefit.  .

Medical Support

TRICARE is the health care benefit provided to military personnel, active and retired, and dependents of military service members.  The case worker will review the Federal Case Registry (FCR) screens to determine if the child has already been enrolled in TRICARE through the military’s Defense Enrollment and Eligibility Reporting System (DEERS).  If the child is not enrolled in DEERS, the case worker will provide assistance to the custodial parent to ensure the eligible child is enrolled in DEERS.  The custodial parent should:

Once enrolled DEERS, the child may obtain health care through military hospitals or by sharing the cost of health care through civilian hospitals.

For civilian personnel of the DOD, the case worker will utilize the National Medical Support Notice (NMSN) as described in 9.8 Enforcement – Medical Support

Cross Reference

Appendix 15.I – Military Income Withholding 

Version Number:  1

Last Revised Date: July 1, 2014

Last Reviewed Date: