6.2 Application

State Authority:

Wyoming Statutes

Wyo. Stat. § 20-6-104 - Child support enforcement generally

Wyo. Stat. § 20-6-2-105 - Eligibility for services; fees for services 

Wyoming Child Support Enforcement Rule

Chapter 3 - Eligibility and Application for Services

Chapter 4 - General Services

Overview

The Wyoming Child Support Program (CSP) provides services to individuals who apply or are referred for services through the following mechanisms:

1) Public assistance referrals; 

2) Non-public assistance applications; 

3) Foster care referrals; and

4) Transmittals from another state, tribe, or country with a reciprocal agreement.

There are no eligibility requirements for child support applicants (e.g. residency or income limitations), and anyone may complete a child support application.  However, the services provided are limited by state and federal law.  For instance, the Wyoming CSP shall not establish an order for a non-custodial parent to pay alimony to a custodial parent, nor shall the Wyoming CSP Program establish an order of child custody.

All applicants for child support enforcement services should read about their rights and responsibilities in the Statement of Understanding and A Guide to the Wyoming Child Support Program (Appendix 6.A) provided at the time of application or immediately after completing the DFS Form 543.

Finally, both the Northern Arapaho and Eastern Shoshone Tribes on the Wind River Indian Reservation provide child support services to members of their respective tribes.  If one of the four types of applications involves a tribal member, please review Chapter 18 Tribal IV-D Program to determine if the case should remain part of the Wyoming CSP or if it should be transferred to one of the tribal child support programs.

Policy

As discussed in greater detail in 6.1 Introduction, the local District CSP Offices shall:

• Make applications available and accessible; 

• Provide an application at the time of request or within 5 business days if the request is made by phone or mail; 

• Accept the application the date it is received; and 

• Open a case and assess it within 20 calendar days.

Unless the application is specifically limited (e.g. locate only requests) both public assistance and non-public assistance applications shall receive full services which include:

• Locate alleged fathers or non-custodial parents;

• Locate employer and assets;

• Establish paternity;

• Establish child and medical support;

• Enforce child and medical support;

• Initiate and respond to intergovernmental cases; and

• Review and adjust child support orders.

Services are limited to these areas and do not include:

• Custody and visitation;

• Medical support bill collection or judgments;

• Property settlements; 

• Attorney fees; 

• Other provisions of a divorce decree; and/or

• Representing the applicant/customer.

Public Assistance Cases

Customers receiving public assistance (POWER or Medicaid ) shall complete the DFS Form 543 however, prior to receiving the DFS Form 543, the Wyoming CSP  may receive an electronic referral from the IV-A agency through an EPICS.  Upon receipt of the child support application or referral, the child support case worker shall check POSSE for a case (see 6.3 POSSE Case for details) and assess the case (see 6.5 Case Assessment).  

Cooperation

As a condition of POWER eligibility and some types of Medicaid as outlined in Appendix 6.D – Medicaid Subtypes & Child Support Cooperation, the public assistance recipient is required to cooperate with the Wyoming CSP in identifying and locating the non-custodial parent, establishing paternity, and/or obtaining child support payments.

In order to meet cooperation requirements, the custodial parent shall try to provide information to identify and locate the non-custodial parent or alleged father.  This information should include the first and last name of the non-custodial parent and at least two of the following:

• Social security number;

• Date of birth or approximate age;

• Place of birth;

• Address, city, or state;

• Telephone number including cell phone;

• Employer;

• Make, model and license number of any motor vehicle owned by the non-custodial parent; or

• Names, addresses, and telephone numbers of the non-custodial parent’s parents or other relatives.

If the custodial parent is unable to provide sufficient information necessary to identify and locate the non-custodial parent, he/she shall demonstrate cooperation by providing as much information as possible in response to additional questions that may be posed by the case worker.

The custodial parent may also be required to cooperate by:

• Providing additional forms, court orders, and other documents (e.g. UIFSA general testimony); 

• Assisting the District CSP office in establishing paternity either by voluntary acknowledgment or court order; and/or

• Assisting the District CSP office by participating in genetic testing, appearing in court, or providing new locate information for the non-custodial parent.

As long as the public assistance applicant completes all requested forms, provides as much information as known, and if requested meets with the child support case worker, the Wyoming CSP considers the applicant cooperative for purposes of receiving public assistance.

If the POWER recipient does not cooperate with child support, the case worker shall notify the DFS Benefit Specialist of the non-cooperation via e-mail or by completing DFS Form 563b.  The notification shall be immediate but no later than the 15th of the month by 5:00 p.m.  See the SNAP & POWER Policy Manual.  On the other hand, if the Medicaid recipient does not cooperate with child support, the case worker shall contact the Medicaid representative designated in Appendix 6.D – Medicaid Subtypes & Child Support Cooperation to request assistance.  If the Medicaid recipient still will not provide the requested information, the case worker shall notify the Medicaid Representative of the non-cooperation as described above.

Good Cause

If cooperation is required based upon the receipt of public assistance, the public assistance participant may request an exemption of cooperation through a request of good cause.  Good cause is a legal reason for which a POWER or Medicaid recipient is excused from cooperating with the child support enforcement process. 

Examples of good cause reasons include cases involving rape, incest, and/or potential for harm to the custodial parent or child from the non-custodial parent.  See Chapter 20.4 - Good Cause 

Note: If the non-custodial parent applies for services, the non-custodial parent can also request closure.  While the non-custodial parent is obviously not the custodial parent, the appropriate closure reason is “CP Requests Closure”.  See Chapter 12  - Closure for more details.