What happens to a child’s paternity establishment status and method if the parent’s marriage is annulled?
If the marriage is annulled by court order, then the marriage never existed and the child is BOOW. The child’s paternity status and method are both “Unknown.”
This establishment method should not be used. A true default will have an Order filed with the court. Based upon the order, “Adjudicated” would be the correct establishment method.
If the parties signed a paternity affidavit but it is voided or invalid because the mother was married to someone else, how is the matrix completed?
Use “Unknown” as the correct status and method. You can also use “Excluded” as the reason for closure, if necessary.
Which date on a paternity affidavit is used to establish paternity?
On the current single page Wyoming paternity affidavits, use the date filed at the State Vital Records Office in the upper right hand corner. On the older two-page affidavits, use the latter date with a parent signature.
On out-of-state paternity affidavits, use the date of the last signature. If following that state’s IRG be sure to copy the information for the file.
What establishment date is used when there is both a Paternity Affidavit and a Denial of Paternity filed for the child?
On the current single page Wyoming paternity affidavits, use the date filed at the State Vital Records Office in the upper right hand corner. On the older two-page affidavits, use the latter date with a parent signature.
Unless all three sign the paternity affidavit and denial (mom, legal dad and biological dad), paternity is not established. The child is not BOOW in this instance.
If paternity is entered as voluntary on POSSE, but an order is later received because a private attorney did genetic tests on their own, is the establishment method changed to adjudicated?
If an order is issued as a result of genetic tests being done, the establishment method can be changed to “Adjudicated,” but it isn’t required. “Voluntary” is still appropriate, just document the method you have chosen.
If a child is born within 300 days of a Wyoming termination of the marriage, is the BOOW box checked as well as the presumed box for paternity establishment?
Wyoming statute states that if a child is born within 300 days of the marriage termination, the child is born as an issue of the marriage. The BOOW box should not be checked; paternity should be marked as “Presumed.”
If the marriage termination was filed in another state, refer to that state’s IRG to determine if they have a similar statute. If so, copy and file that documentation.
What if a divorce decree does not list the dates of birth or marriage?
The divorce decree is sufficient documentation if it states the “child was born of the marriage.” If the divorce does not contain this statement you will need independent information of the dates of birth or marriage.
Adjudicated method
Adjudication can be used even if a child isn’t born out of wedlock. For older cases where an order already exists but we’ve lost all contact with the parties, you may have to adjudicate paternity based upon the order of support you have. (Any order that establishes a child support obligation also establishes paternity, either implied or explicitly.)
When using the “Adjudicated” method, what date is used for the date paternity is established?
Use the court’s file-stamped date on the paternity or support order. If using an administrative order, use the date when the agency/attorney/representative signed the order.
When a child is NOT born of a marriage and then the child’s parents marry and subsequently divorce, the divorce decree states the child was born of the marriage. Is this adjudicated or presumed? (Note: the BOOW box is already marked)
The establishment method is “Adjudicated.” Although a divorce order may state the child is born of the marriage, or born as issue of the marriage, the documentation provided indicates the child was born before the marriage. The BOOW box should remain marked.
Do genetic tests alone establish paternity?
Genetic test results without a court order will not be used as a method to establish paternity.
Generally, adoption records are sealed and not available to the general public or the child support office. Some Wyoming Clerks of District Court will provide you with a date of adoption if asked. For more information see Appendix 8.J – Adoption Request Form.
What happens if I request a birth certificate or paternity from the State CSP Office liaison and she replies that the child has been adopted and the form I requested is no longer available?
The State CSP Office has received requests for birth information for children that have been adopted after the paternity action has been completed. Once a child is adopted, the birth certificate shows the adoptive parents’ information and not that of the birth parents. If there was a paternity affidavit, it is no longer available to us. It would also no longer be valid and you should pursue the “Adoption” method.
A child is adopted in another state. The birth certificate lists the adoptive parents. Would the date the birth certificate is filed be sufficient to establish a date for paternity?
Yes. If all that is available is the birth certificate, use the date on the birth certificate and document in the log notes. If the parents are divorced, paternity is “Adjudicated.”
How is a case marked that was closed before paternity was established?
Treat this case like any other case. Follow the documentation and mark POSSE and the paternity matrix accordingly.
A case is opened to clear overcharge funds then closed the same day, but it appears on the audit report. How is that handled?
If the case is changed back to Non-IV-D then the kids on these types of cases will not be reported on the OCSE-157 Report and will not appear on the federal audit report. It is not necessary to include a paternity matrix in the file for kids on these types of cases. However, if the case is re-closed using a federal closure reason, then a complete paternity audit needs to be done.
Q & A
What should the paternity status be when opening an NCP mom case and paternity has not been established?
Paternity should be left as unknown until paternity has been established. Once established, it is necessary to check all cases the child in question is attached to make sure the paternity method and date is same on all of the cases.
If the case is closed before an order was established, how is the NCP Mom case marked?
The paternity status should be left as unknown. If the child is BOOW, documentation for the BOOW should be tabbed and in the file.
Should All Cases Be Worked or Just the Open Cases?
All cases that have ever been IV-D and are listed on the report should be worked and not just the cases that are currently open. This is because the auditors will continue to go back and look at all cases until they find the information they need to complete the audit. It is imperative for the data to match on all cases.
Should Non IV-D Cases be worked?
Cases that have always been Non IV-D are listed on the report but do not have to be worked. However, if a case is currently listed as Non IV-D but was open IV-D at any time, the case should be worked.
Does the Documentation Need to be Recreated if Not in the File?
Documentation of the paternity establishment method should be in every file the child is attached to. You may need to order birth information or copies of orders from the courts to recreate the documentation. If the information is no longer available, any attempt to obtain the information should be documented in the log notes. If the file has been shredded, there is no need to recreate the file.