049-16 Wyo. Code R. § 16-3

Current through April 27, 2019

Section 16-3 - Initiating Agency Responsibilities

(a) When initiating a case to another IV-D agency, CSE shall:

(i) Determine whether or not there is a support order or orders in effect in a case using the federal and state case registries, state records, information provided by the recipient of services, and other relevant information available to the state;

(ii) Determine in which state a determination of the controlling order and reconciliation of arrearages may be made where multiple orders exist; and

(iii) Determine whether the noncustodial parent is in another jurisdiction and whether it is appropriate to use its one-state remedies to establish paternity and establish, modify, and enforce a support order, including medical support and income withholding.

(b) Within 20 calendar days of completing the actions required in paragraphs (a)(1) through (a)(3) and, if appropriate, receipt of any necessary information needed to process the case, CSE shall:

(i) Ask the appropriate intrastate tribunal, or refer the case to the appropriate responding state IV-D agency, for a determination of the controlling order and a reconciliation of arrearages if such a determination is necessary; and

(ii) Refer any intergovernmental IV-D case to the appropriate state central registry, tribal IV-D program, or central authority of a country for action, if one-state remedies are not appropriate.

(c) CSE shall provide the responding agency sufficient, accurate information to act on the case by submitting with each case any necessary documentation and intergovernmental forms required by the responding agency.

(d) CSE shall within 30 calendar days of receipt of the request for information, provide the responding agency with an updated intergovernmental form and any necessary additional documentation, or notify the responding agency when the information will be provided.

(e) CSE shall notify the responding agency at least annually, and upon request in an individual case, of interest charges, if any, owed on overdue support under an initiating State order being enforced in the responding jurisdiction.

(f) CSE shall submit all past-due support owed in IV-D cases that meet the certification requirements under federal regulation for federal tax refund offset.

(g) CSE shall send a request for review of a child support order to another state within 20 calendar days of determining that a request for review of the order should be sent to the other State and of receipt of information from the requestor necessary to conduct the review in accordance with the Act and federal regulation.

(h) CSE shall distribute and disburse any support collections received in accordance with federal regulation, the Act, and instructions issued by the Secretary of Health and Human Services.

(i) CSE shall notify the responding agency within 10 business days of case closure that the initiating state IV-D agency has closed its case pursuant to federal regulation, and the basis for case closure.

(j) CSE shall instruct the responding agency to close its interstate case and to stop any withholding order or notice the responding agency has sent to an employer before the initiating state transmits a withholding order or notice, with respect to the same case, to the same or another employer unless the two states reach an alternative agreement on how to proceed.

(k) If the initiating agency has closed its case pursuant to federal regulation and has not notified the responding agency to close its corresponding case, CSE shall make a diligent effort to locate the obligee, including use of the FPLS and the SPLS, and accept, distribute and disburse any payment received from a responding agency.

049-16 Wyo. Code R. § 16-3

Amended, Eff. 1/8/2015.