049-2 Wyo. Code R. § 2-1

Current through April 27, 2019
Section 2-1 - Definitions

(a) "Account" - Demand deposit account, checking account, negotiable withdrawal order account, savings account, time deposit account, or money-market mutual fund.

(b) "Act" - The Social Security Act, including 42 U.S.C. § 651 et seq.

(c) "Administrative Records Review" - Review by the Child Support Enforcement Program (CSE) of the records concerning the obligations and payments of an obligor to determine current arrearages, if any.

(d) "Arrearage" - Past due child support, past due medical support, past due spousal support, attorney's fees, guardian ad litem fees, costs, interest and penalties; does not include property settlements.

(e) "Assignment" - The assignment of rights to the state for past, present and/or future child support payment(s) when an individual applies for and receives Temporary Assistance for Needy Families (TANF)/Personal Opportunities with Employment Responsibilities (POWER) benefits.

(f) "Central authority" - The agency designated by a government to facilitate support enforcement with a foreign reciprocating country (FRC) pursuant to § 459 A of the Act.

(g) "Child Support Attorney" - An attorney contracted with or employed by the Department of Family Services (DFS) to provide services under Title IV-D of the Act.

(h) "Child Support Enforcement Program (CSE)" - The Title IV-D agency for the State of Wyoming.

(i) "Consumer reporting agency" - An entity regularly engaging in the practice of assembling or evaluating consumer credit information or other consumer information for the purpose of furnishing consumer reports to third parties, using any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(j) "Contested case hearing" - Any administrative hearing conducted pursuant to the Wyoming Administrative Procedure Act, Wyo. Stat. § 16-3-102, Wyo. Stat. § 9-2-2104(a)(v), Wyo. Stat. § 20-6-111 and Contested Case Hearing Rules.

(k) "Controlling order state" - The state in which the only order was issued or, where multiple orders exist, the state in which the order determined by a tribunal to control prospective current support pursuant to the Uniform Interstate Family Support (UIFSA) was issued.

(I) "Cooperate" - Includes, but is not limited to:

  • (i) Appearing as necessary to provide verbal or written information or documentary evidence, known to, possessed by or reasonably obtainable by the obligee;
  • (ii) Appearing as a witness at judicial or other hearings or proceedings;
  • (iii) Providing information or attesting to the lack of information;
  • (iv) Paying to CSE any support payments received from a noncustodial parent (NCP) that are covered by an assignment;
  • (v) As to Non-Public Assistance obligees, reporting any support payments received directly from the obligor or any source other than the collection point as designated in a court or administrative order for support;
  • (vi) Helping to obtain support payments or other payments, benefits or property due the recipient or child (e.g. filing for social security benefits for the child);
  • (vii) Providing CSE with current address or telephone information;
  • (viii) Providing CSE with a correct social security number for any party or child;
  • (ix) Notifying CSE if a private attorney is hired;
  • (x) Giving CSE prior notice before entering into any agreement, waiver, stipulation or modification that would affect the child support award or arrears;
  • (xi) Signing complaints and affidavits and providing testimony in court as needed.

(m) "Country" - A foreign country or a political subdivision thereof declared to be an FRC under § 459 A of the Act and any foreign country or political subdivision thereof with which the state has entered into a reciprocal arrangement for the establishment and enforcement of support obligations to the extent consistent with federal law pursuant to § 459 A(d) of the Act.

(n) "Custodial Parent (CP)" - A natural or adoptive parent or other person who has custody of a child.

(o) "Duty of support" -An obligation to pay child support, including medical support, or child and spousal support, imposed by law, order, decree or judgment of any court or administrative agency, whether interlocutory or final, or whether incidental to an action for divorce, separation, separate maintenance or otherwise, including the duty to pay past due support, judgments for past due support, and a duty to provide medical support.

(p) "Fair Credit Reporting Act" - The Fair Credit Reporting Act, 15 U.S.C. § 1681.

(q) "Federal Case Registry (FCR)" - As set forth in § 453(h) of the Act, an automated registry which contains abstracts of support orders and other information including the names, social security numbers or other uniform identification numbers and state case identification numbers to identify the individuals who owe or are owed support, including the names and social security numbers of the children of such individuals.

(r) "Federal Fiscal Year (FFY)" - The federal fiscal year beginning October 1st and ending September 30th.

(s) "Federal Offset Program" - The service provided by CSE in cooperation with the federal government in which monies due an obligor from the federal government are intercepted for payment of overdue support.

(t) "Federal Parent Locator Service (FPLS)" - The FPLS operated by the federal Office of Child Support Enforcement, U.S. Department of Health and Human Services, pursuant to § 453 of the Act.

(u) "Foster care" - Substitute parental care provided by DFS to children who are unable to remain in their own home, including room, board, supervision and guidance.

(v) "Foster care maintenance" - Money paid by a state to meet the needs of a child in foster care.

(w) "Garnishment" - The procedure by which an obligee or CSE reaches tangible or intangible personal property of the obligor in the possession, control or custody of a third party, when a writ of garnishment has been issued against the obligor.

(x) "Independently verified information" - Confidential information that is acquired and confirmed through the use of a second source.

(y) "Initiating agency" - A state or tribal IV-D agency or an agency in a country, as defined in federal rules, in which an individual has applied for or is receiving services.

(z) "Intergovernmental IV-D case" -A IV-D case in which the noncustodial parent lives and/or works in a different jurisdiction than the custodial parent and child(ren), that has been referred by an initiating agency to a responding agency for services. An intergovernmental IV-D case may include any combination of referrals between states, tribes and countries, and may also include cases in which a state agency is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

(aa) "Interstate IV-D case" - A IV-D case in which the noncustodial parent lives and/or works in a different state than the custodial parent and child(ren), that has been referred by an initiating state to a responding state for services. An interstate IV-D case also may include cases in which a state is seeking only to collect support arrearages, whether owed to the family or assigned to the state.

(bb) "Levy" - A legal process of obtaining money through seizure of real or personal property.

(cc) "Liability for support" - An obligation of support due a child who has been abandoned, neglected or not adequately supported by any person legally responsible to provide such support, which includes child support, medical support and an order to pay spousal support when a child support obligation is contained in the same order.

(dd) "Lien" - A claim or encumbrance upon real or personal property.

(ee) "Medicaid" - Medical assistance under a state plan approved under Title XIX of the Act.

(ff) "Medical Child Support Order" - Any judgment, decree or order (including approval of a settlement agreement) which provides medical or cash medical support for children.

(gg) "Multistate Financial Institution Data Match (MS FI DM)" - An exchange of data between states' Title IV-D programs and multistate financial institutions to match account holders and child support obligors owing past due child support.

(hh) "National Directory of New Hires (NDNH)" - A national directory used by the IV-D agency as a data base for new employment and used for the purpose of locate and wage withholding.

(ii) "Noncustodial Parent (NCP)" - The parent who does not have primary care, custody, or control of the child, and who may have an obligation to pay child support. Also referred to as the obligor.

(jj) "Non-Public Assistance (Non-PA)" - A child support case in which an individual is receiving Title IV-D services and is not an active recipient of POWER or Title IV-E foster care, but may be receiving other types of assistance such as food stamps, Medicaid, unemployed parent program, foster care or social services.

(kk) "Office of Child Support Enforcement of the United States Department of Health and Human Services" (OCSE).

(II) "One-state remedies" - The exercise of a state's jurisdiction over a nonresident parent or direct establishment, enforcement, or other action by a state against a non-resident parent in accordance with the long-arm provision of UIFSA or other state law.

(mm) "Payor" - Any employer or other person owing income to an obligor.

(nn) "Parental Obligation System for Support Enforcement (POSSE)" - CSE computer system for child support.

(oo) "Personal Opportunities with Employment Responsibilities (POWER) program" - A federal program that provides cash assistance to indigent families with dependent children. The State of Wyoming TANF Program.

(pp) "Program Income" - All fees which are collected and all interest and other income earned under Title IV-D.

(qq) "Public Assistance (PA)" - The benefits provided by POWER or Title IV-E; also refers to a Title IV-D case for recipients of these benefits.

(rr) "Responding agency" - The agency that is providing services in response to a referral from an initiating agency in an intergovernmental IV-D case.

(ss) "Secretary" - The Secretary of the federal Department of Health and Human Services.

(tt) "State Directory of New Hires (SDNH)" - A state directory used by the IV-D agency as a data base for new employment and used for the purpose of locate and wage withholding.

(uu) "State Parent Locator Service (SPLS)" -A federally mandated service within CSE that processes requests from other IV-D agencies to locate parties involved in the IV-D program; others authorized to establish and enforce child support, custody, and visitation orders; parental kidnapping cases; and DFS diligent searches.

(vv) "State plan" - The Title IV-D state plan for child and spousal support under § 454 of the Act.

(ww) "Title IV-A" - The section of the Act as amended which establishes financial assistance payments ( 42 U.S.C. §§ 601 through 617 ).

(xx) "Title IV-D" - The section of the Act which establishes the federal Child Support Enforcement Program ( 42 U.S.C. §§ 651 through 669 ).

(yy) "Title IV-D case" - A case accepted for child support services pursuant to Title IV-D of the Act, the child support enforcement act, and related laws.

(zz) "Title IV-E" - The section of the Act as amended which establishes the federal Foster Care Program ( 42 U.S.C. §§ 670 through 676 ).

(aaa) "Uniform Interstate Family Support Act (UIFSA)" - The model act promulgated by the National Conference of Commissioners on Uniform State Laws and mandated by § 466(f) of the Act to be in effect in all States.

049-2 Wyo. Code R. § 2-1

Amended, Eff. 1/8/2015.