A Guide To Wyoming's Child Support Enforcement Program

Transcription

(COVER PAGE)A Guide to Wyoming’s ChildSupport Enforcement Program(DFS Logo)

Table of ContentsTopicPageWhat we can do for you2Where you can go to get help3Do you need help getting Child Support?4Do you need to pay Child Support?4Are you eligible for services?5Applying for services 5Cost for services 6Services we provide 7Services we don’t provide 7Rights and Responsibilities of Custodial Parents8Rights and Responsibilities of Noncustodial Parents9Collecting Child Support 10Modification of Support Orders11The Child Support Program Attorney12Confidentiality12Distributing Child Support 13The Federal Offset Program(Intercepting Income Tax Refunds)13Closing Child Support Program Cases14Conclusion 14Directory of Wyoming Child Support Offices15State Office and State Disbursement Unit15Local Offices15Clerks of the District Court16

2The Wyoming childsupport program can helpyou with child supportservices such as: Locating parents Genetic testing Establishing paternity—knowing for sure whothe father is Establishing childsupport Enforcing child support Initiating child supportenforcement cases toother states Responding to childsupport enforcementcases initiated by otherstates Reviewing andmodifying child supportordersThe Wyoming childsupport program isadministered by theDepartment of Family Services, Child Support EnforcementProgram. It is governed by state and federal law, state and federalregulations and Title IV, Section D of the Social Security Act.That is why the child support program is sometimes called theIV-D (pronounced “four-d”) program.This handbook will help you understand child support programservices and your rights and responsibilities. It outlines the feesrelated to child support enforcement services and explains howchild support is collected and paid.This handbook is for informational purposes only. You should consult achild support program representative or an attorney of your choice priorto making any decisions regarding your particular situation.

3Child support program offices are located in 16 towns andcities in Wyoming’s nine judicial districts. The addresses andtelephone numbers of the local offices are listed on pages 15-16.The state child support program office in Cheyenne oversees thelocal offices. Paternity and child support orders are entered by thedistrict court. In cases where support orders from other states arebeing enforced by the child support program, the out-of-state orderis registered in the district court where the noncustodial parentlives. Child support paymentsare processed through theState Disbursement Unit (SDU)in Cheyenne and the clerks ofdistrict court.Wyoming has a district courtin each of its 23 counties. Theaddresses and telephonenumbers of the clerks of districtcourt are listed on pages 16-18.

4If you need helpestablishing paternity(finding out who thefather of your childis), setting up a childsupport order orlocating a parent; contact the local child support office nearestyou. If you already have a child support order and you need helpcollecting or paying child support or modifying a support order,contact the child support office in the county where your supportorder was entered or registered.Please keep in mind that if the parent ordered to pay support isincarcerated or disabled, and has no income or assets, it may beimpossible to collect support.If you want to pay childsupport on your own, youshould contact the clerkof the district court in thecounty where your childsupport order was entered orregistered.If you want to pay child support by having the payment withheldfrom your income (a process commonly known as “garnishment”or “income withholding”), or you have questions about your childsupport order or arrears, or you believe your order should bemodified, you should contact the child support office in the countywhere your order was entered or registered.Wyoming law requires that child support be paid through the clerkof district court or the State Disbursement Unit (the child supportprogram payment center in Cheyenne). The clerks keep the officialpayment records on Wyoming child support cases.You should not make child support payments directly to theparent or custodian, because the clerk will not have record ofthe payments and you may not receive credit for them.If you have any questions regarding where to make supportpayments, contact the office in the county where your order wasentered or registered.

5Child support servicesare available to thefollowing persons,regardless of need orincome, whether or notthat person is receivingpublic assistance orhas received publicassistance inthe past: Any parent who is owed child support or child support arrears; Any parent who is ordered to pay child support or oweschild support arrears; Any parent who wants to establish the paternity of their childand/or establish a support obligation for their child; and Any person who has custody of a child and wants to establishthe child’s paternity and/or collect child support. You may still beeligible if you, as custodian, are not the child’s parent or if youwere not awarded custody by the court.To obtain child supportservices, you must open achild support enforcementcase by completing anapplication for services.Applications may beobtained by visiting, callingor writing a district childsupport office. Your case willbe opened upon receipt ofyour completed applicationwith required attachmentsand payment of the 25.00fee, if applicable.

6The cost to open a childsupport case is 25.00.There is no fee if youare currently receiving aTemporary Assistance forNeedy Families (TANF) and/or Medicaid benefits. If you previously received TANF and/orMedicaid, the local child support office will review federal andstate requirements to determine if a fee is required.There is a 25.00 fee per year for child support services if theamount of child support collected is 500.00 or more in thefederal fiscal year of October 1 through September 30. This feeis required by a federal law known as the Deficit Recovery Act of2005.In cases where the child’s custodian received TemporaryAssistance for Needy Families (TANF) benefits and 500.00 ormore in support is collected in a federal fiscal year, there is no feefor CSED services.When CSED intercepts a noncustodial parent’s tax refund throughthe Federal Offset Program, the custodial parent is charged a 25.00 processing fee.Noncustodial parents may be ordered to pay the child supportprogram for costs or service and genetic testing costs incurred inestablishing paternity and/or a support order.

7The child supportprogram provides thefollowing services: Locating parents;Genetic testing;Establishing paternity;Establishing child support;Enforcing child support;Initiating child support enforcement cases to other states;Responding to child support enforcement cases initiated byother states; andReviewing and modifying child support orders.The child support programdoes not provide thefollowing services: Establishing, enforcing or modifying custody orders;Establishing, enforcing or modifying visitation orders;Divorce actions;Enforcing property and/or debt division provisions of adivorce decree;Collection of attorney fees owed to a custodial parent;Obtaining judgment for children’s medical expenses notcovered by insurance;Collection of children’s medical expenses not covered byinsurance, unless reduced to judgment in the originalsupport order or reducedto judgment after the orderis entered; orProviding legal advice to aparent or custodian.Please note that child supportprogram attorneys do notrepresent any party except theState of Wyoming.

8Support orders established through the district court by the childsupport program will specify the custodian of the child and theparent(s) ordered to pay support. Custodians/parents may ask thecourt to order visitation, and noncustodial parents may ask thecourt to award them custody in the action filed by the child supportprogram, but the child support program will not participate in thoseissues.Parents/custodians with questions or concerns about visitationand custody should consult an attorney of their choice regardingtheir rights and options.Rights and Responsibilities ofCustodial ParentsIf you are the custodial parent ofa child and want support from theother parent, or if you are a non-parental custodian and wantsupport from the child’s parent or parents, you have the right toapply for child support services. Custodians of a child who are notreceiving support from the child’s parent or parents have a legalright to child support under Wyoming law.Working as a team, we can be successful in providing services toyou. We need you to provide the child support program with asmuch accurate information as you can concerning the other parentor the noncustodial parent(s) and the child(ren) in your care.The child support program will need various paperwork anddocumentation from you in order to open your case and thento enforce a child support order. It is very important to promptlyanswer any correspondence you receive from the child supportprogram. In some circumstances, you will need to provide acompleted financial affidavit with your financial documentationattached.Custodial parents and other custodians must notify the clerk ofdistrict court in writing of any address change. You will needto notify your child support caseworker if your address, phonenumber and/or employment changes. It is also very important tonotify your caseworker if you get new information regarding theother parent or the noncustodial parent(s) such as a new job ornew address, or when a child leaves your care, or when a child ison his/her own and no longer under your care.

9Rights andResponsibilities ofNoncustodial ParentsIf you are thenoncustodial parent of achild and want to havepaternity and/or a child support order established, you have theright to apply for child support services.Noncustodial parents of a child have a right to associate with theirchild; however, it is the responsibility of the noncustodial parent tohave visitation rights established by the district court. Noncustodialparents of a child also have a right to seek custody of the child,but it is the responsibility of the noncustodial parent to petition thecourt to award custody to him or her.If there is a dispute as to paternity, you may have the right togenetic testing to prove or disprove that you are the father of thechild.Working as a team, we can be successful in providing services toyou. We need you to provide the child support program with asmuch accurate information as you can concerning the other parentand the child(ren) in your care.The child support program will need various paperwork anddocumentation from you in order to open your case. It is veryimportant to promptly answer any correspondence you receivefrom the child support program. In some circumstances, you willneed to provide a completed financial affidavit with your financialdocumentation attached.You will need to notify your child support caseworker if youraddress, phone number and/or employment changes. It is alsoimportant to notify your caseworker if you get new informationregarding the other parent or the custodian(s) of your child, orcircumstances change and you believe the support order shouldbe modified.Once your support order is entered, you are responsible for payingchild support each month as ordered and to notify the clerk ofcourt, in writing, of any change in your address, employment oremployment status.

10The child supportprogram collects childsupport through avariety of methods.Most child supportis collected throughincome withholdingto the noncustodial parent’s employer or other source of income,also known as “garnishment.” Income may be withheld froma noncustodial parent’s paycheck, unemployment, workers’compensation, disability or Social Security retirement or othersource of income. Other collection methods include, but are notlimited to: Credit bureau reporting;Intercepting tax refunds (Federal Offset Program);Passport denial;Asking the state where the noncustodial parent lives toregister/enforce the order;Civil contempt actions through the district court;Lien and levy on bank accounts;Suspension of driver’s license or other professional licenses;Suspension of Wyoming Game & Fish Department licenses;Attaching real or personal property; andFederal prosecution for nonpayment of child support.Keep in mind that most enforcement actions require that notice ofthe action must be given to the noncustodial parent. Often times,the noncustodial parent must be personally served with legaldocuments. The process of locating a noncustodial parent andobtaining personal service on them can be difficult andtime-consuming.The local office will determine the most effective method to collectthe child support owed to you and is not obligated to follow yourdirection in how to handle your case. The child support programattorney does not represent you; therefore, if you are dissatisfiedwith the district offices’ efforts to collect support, you may closeyour case and/or try to collect support yourself, either through anattorney you hire or on your own.Some of the enforcement methods listed above are available only tothe child support program and may not be used by private parties.

11Modification ofSupport OrdersIf you want yoursupport orderreviewed formodification, youmay ask the localchild support office for a review. If you do not already have anopen child support case, you will need to open one. Once the localoffice has completed its review, a petition to modify will be filed orthe local office will inform you that it has determined a modificationis not appropriate.The child support program will not review a custody or visitationorder, nor will it petition the court to modify a custody or visitationorder.You have the right to petition the court for a modification ofsupport, custody or visitation on your own or through your ownattorney at any time.

12The child supportprogram attorney whoworks on your casedoes not represent you.He or she representsonly the State ofWyoming, and there isno attorney-client relationship between you and the child supportprogram attorney. In the course of a child support enforcementcase, there will be times when your interests coincide with theState’s interests, and times when your interests conflict with theState’s interests.Whether or not the child support program is involved, you havethe right to be represented by your own attorney in any actionsconcerning your child or a child in your care.The informationyou provide tothe child supportprogram canbe used by thechild supportprogram onlyfor child supportpurposes. Ifyou providedocumentationthat the otherparent may posea danger to you or a child, the child support program will place afamily violence indicator (FVI) on your case and will not discloseinformation you provide.Any information you provide to the child support program maybe used in your case, in any child support cases you are a partyto or in any cases your current spouse is a party to. There is noattorney-client relationship between you and the child supportprogram attorney and your communications with the child supportprogram are not privileged.

13Child supportcollected by the childsupport programmust be distributed tothe custodial parentor other custodianaccording to federal rules of distribution. When a child supportpayment is made, the current monthly child support obligation ispaid first, followed by child support arrears owed to the custodialparent or custodian. Other amounts owed in a child support case,such as child support or other expenses owed to the State ofWyoming or to another state, and judgment interest are paid next.The only exception to the rules of distribution stated above arepayments through an intercept of a federal tax refund (FederalOffset Program). Those payments are paid first to the state ifchild support arrears and medical support arrears are owed to thestate, then to child support arrears owed to the custodial parent orcustodian.The Federal Offset Program(Intercepting Federal Income Tax Refunds)The Federal Offset Program is authorized by federal law andpermits the child support program to ask the Department of theTreasury to intercept federal income tax refunds for payment ofchild support arrears in child support enforcement cases. If youhave any questions about the Federal Offset Program, you shouldcontact the local child support office handling your case.

14If you have openeda child support caseand decide you nolonger want childsupport services, youmay close your caseby written request tothe local child supportoffice handling your case. As longas there is no support owed tothe State of Wyoming or anotherstate, the case will be closed.ConclusionIf you are interested in child support services, please contactthe local child support office closest to you or the office in thecounty where your order is filed. The local office will be happy toanswer any questions you may have and will explain child supportprogram processes to you. Thank you for your interest in theWyoming child support program.

15Directory of Wyoming Child Support Enforcement OfficesState OfficeState Disbursement UnitIV-D DirectorState of WyomingState of Wyoming, DepartmentChild Support Enforcementof Family Services2300 Capitol AveChild Support EnforcementHathaway Bldg, 5th Floor, Ste A2300 Capitol AvePO Box 1027Hathaway Bldg, 5th Floor, Ste CCheyenne, WY 82003Cheyenne, WY 82002(307)777-5300(307) 777-6948 or 1-888-570-9914Local Offices1st DistrictLaramie County2015 Carey AveCheyenne, WY 82001307-635-3365800-742-3092Fax: 307-635-33472nd DistrictAlbany and CarbonCounties1771 Centennial Dr.,Unit 210Laramie, WY 82070307-742-2026800-742-2926Fax: 307-742-30963rd DistrictSweetwater CountyLincoln CountyUinta County140 Commerce Drive,Ste FGreen River, WY 82935307-875-4725800-742-3098Fax: 307-875-4643224 S. Main1st FloorSheridan, WY 82801307-672-2599800-565-4502Fax: 307-672-59914th DistrictSheridan County4th DistrictJohnson County381 N. Main St.Buffalo, WY 82834307-684-9011Fax: 307-672-59915th DistrictBasin Authority1002 Sheridan Ave,BasementCody, WY 82414307-527-8840Fax: 307-527-88445th DistrictBig Horn County119 South 9th StP.O. Box 227Basin, WY 82410307-568-9329Fax: 307-568-29715th DistrictWashakie County200 N. 7th St.Worland, WY 82401307-347-8927Fax: 307-347-66486th DistrictCampbell County501 Running W Dr.Gillette, WY 82718307-687-1501800-360-5220Fax: 307-687-1739

166th DistrictWeston County723 B WashingtonNewcastle, WY 82701(No mail; send to Gillette)307-746-2311Fax: 307-746-23116th DistrictCrook County102 North 5thSundance, WY 82729(No mail; send to Gillette)307-283-1515Fax: 307-283-1515201 North David, 5th FlrP.O. Box 2539Casper, WY 82601307-235-9229800-292-3219Fax: 307-235-96297th DistrictNatrona County8th DistrictConverse, Goshen,Platteand NiobraraCounties1954 RichardsMadora Plaza Ste. 3P.O Box 169Douglas, WY 82633307-358-0947866-280-3719Fax: 307-358-09619th DistrictFremont, Subletteand Teton Counties895 Main StreetP.O. Box 549Lander, WY 82520307-332-6380800-996-6045Fax: 307-332-6694ArapahoeTribeWind River IndianReservationArapahoe TribeIV-D Director325 Left Hand Ditch Rd.Unit #9179Arapahoe, WY 82510307-857-2436Fax: 307-855-2899ShoshoneTribeWind River IndianReservationShoshone TribeDirector104 Washakie StreetP.O. Box 1573Ft. Washakie WY307-335-8371Fax: 307-332-3089Clerks of the Wyoming District CourtsAlbany CountyAlbany County Courthouse(307) 721-2508525 Grand Avenue, Rm 305Laramie, Wyoming 82070Big Horn CountyBig Horn County Courthouse(307) 568-2381420 West “C” StreetP.O. Box 670Basin, Wyoming 82410Campbell CountyCampbell County Courthouse(307) 682-3424500 South Gillette AvenueP.O. Box 817Gillette, Wyoming 82717

17Carbon CountyCarbon County Courthouse(307) 328-2628415 West Pine StreetP.O. Box 67Rawlins, Wyoming 82301Converse CountyConverse County Courthouse(307) 358-3165107 North 5thP.O. Box 189Douglas, Wyoming 82633Crook CountyCrook County Courthouse(307) 283-2523309 ClevelandP.O. Box 904Sundance, Wyoming 82729Fremont CountyFremont County Courthouse(307) 332-1134450 North 2nd StreetP.O. Box 370Lander Wyoming 82520Goshen CountyGoshen County Courthouse(307) 532-21552125 East A StreetP.O. Box 818Torrington, Wyoming 82240Hot Springs CountyHot Springs County Courthouse(307) 864-3323415 Arapahoe StreetThermopolis, Wyoming 82443Johnson CountyJohnson County Courthouse(307) 684-727176 North MainBuffalo, Wyoming 82834Laramie CountyLaramie County Courthouse(307) 633-4270309 W. 20th St.P.O. Box 787Cheyenne, Wyoming 82001Lincoln CountyLincoln County Courthouse(307) 877-3320925 Sage AvenueP.O. Drawer 510Kemmerer, Wyoming 83101Natrona CountyNatrona County Courthouse(307) 235-9243Townsend Justice Center115 N. Center St.P.O. Box 2510, 82602Casper, Wyoming 82601

Niobrara CountyNiobrara County Courthouse(307) 334-2736424 South ElmP.O. Box 1318Lusk, Wyoming 82225Park CountyPark County Courthouse(307) 527-86901002 Sheridan AvenueP.O. Box 1960Cody, Wyoming 82414Platte CountyPlatte County Courthouse(307) 322-3857800 9th StreetP.O. Box 158Wheatland, Wyoming 82201Sheridan CountySheridan County Courthouse(307) 674-2960224 South Main StreetSheridan, Wyoming 82801Sublette CountySublette County Courthouse(307) 367-437621 South TylerP.O. Box 764Pinedale, Wyoming 82941Sweetwater CountySweetwater County Courthouse(307) 872-381580 West Flaming Gorge, Ste 255P.O. Box 430Green River, Wyoming 82935-0430Teton CountyTeton County Courthouse(307) 733-2533180 South KingP.O. Box 4460Jackson, Wyoming 83001-4460Uinta CountyUinta County Courthouse(307) 783-0456225 9th StreetP.O. Box 1906Evanston, Wyoming 82930-1906Washakie CountyWashakie County Courthouse(307) 347-48211001 Big Horn Ave.P.O. Box 862Worland, Wyoming 82401-0862Weston CountyWeston County Courthouse(307) 746-47781 West MainNewcastle, Wyoming 8270118

http://dfsweb.wyo.gov

Child support program offices are located in 16 towns and cities in Wyoming's nine judicial districts. The addresses and telephone numbers of the local offices are listed on pages 15-16. The state child support program office in Cheyenne oversees the local offices. Paternity and child support orders are entered by the district court.