9.4 - Contempt

Federal Authority:

Social Security Act

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

§466(a)(15) and (d) Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement


Code of Federal Regulations
45 CFR 303.6 Enforcement of support obligations 

State Authority:


Wyoming Statute

Wyo. Stat. § 20-2-310 Enforcement of child support 


Wyoming Rules of Civil Procedure

Rule 4 Processed


Wyoming Child Support Enforcement Rules

Chapter 4 General Services

Policy Number: 9.4

Effective Date: October 1, 2010

There are two types of contempt actions – civil and criminal.  This section focuses on civil contempt.  A contempt action is not the first enforcement action taken.  In most instances, a contempt action is used in those cases where the non-custodial parent’s pay record is sporadic; the non-custodial parent is unemployed or self-employed; and/or other enforcement remedies have been ineffective.  The purpose of a contempt action is to encourage the non-custodial parent to pay his or her child support obligation by requiring the non-custodial parent to appear in District Court and explain to the judge why he or she has failed to comply with the child support order.


A contempt action is a purely judicial remedy.  In order to proceed with a contempt action in Wyoming, the District Court shall have:


A contempt action may be used to enforce the child support obligation, the medical support order, or both.

Policy

Criteria

In order to proceed with a contempt action, the case worker shall:

Note:  The case manager will provide the findings of the screening for the non-custodial parent's ability to pay to the CSP Attorney.  The CSP Attorney will in turn provide this information  to the Court.  This includes information regarding the non-custodial parent's application for disability benefits or any documented mental health issues.  

Court Hearings

Initial Hearing

During the pre-court negotiation meeting between the District CSP Office Attorney and the non-custodial parent, or at the initial Order to Show Cause hearing and based upon the evidence provided, the District Court Judge may order, or the District CSP Office Attorney and non-custodial parent may agree, to the following:

The District Court often provides the non-custodial parent with the ability to purge himself or herself from the contempt finding by meeting certain requirements.  Those requirements include but are not limited to:

Subsequent Hearing

If a non-custodial parent fails to meet the requirements of the initial contempt order, the District Court may do the following:

Party Represented by an Attorney

If an attorney represents a party, the District CSP Office will follow certain guidelines regarding release of information and communication with the party or attorney.  See 3.6 Confidentiality and Safeguarding Information – Release of Information and Appendix 9.A – Communication with Persons Represented by Counsel.

Cross Reference

Appendix 9.A – Communication with Persons Represented by Counsel

Version Number:  4

Last Revised Date:  November 15, 2017

Last Reveiwed:  May 31, 2024