TITLE 20 - DOMESTIC RELATIONS

CHAPTER 1 - HUSBAND AND WIFE

ARTICLE 1 - CREATION OF MARRIAGE

20-1-101.  Marriage a civil contract.

Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential.

20-1-102.  Minimum marriageable age; exception; parental consent.

(a)  At the time of marriage the parties shall be at least sixteen (16) years of age except as otherwise provided.

(b)  All marriages involving a person under sixteen (16) years of age are prohibited and voidable, unless before contracting the marriage a judge of a court of record in Wyoming approves the marriage and authorizes the county clerk to issue a license therefor.

(c)  When either party is a minor, no license shall be granted without the verbal consent, if present, and written consent, if absent, of the father, mother, guardian or person having the care and control of the minor. Written consent shall be proved by the testimony of at least one (1) competent witness.

20-1-103.  License; required.

(a)  Before solemnization of any marriage in this state, a marriage license shall be obtained from a Wyoming county clerk.

(b)  Application for a marriage license shall be made by one (1) of the parties to the marriage before the license is issued. Upon receipt of an application, the county clerk shall ascertain by the testimony of a competent witness and the applicant, the names, the social security numbers of the parties who have valid social security numbers, residences and ages of the parties and whether there is any legal impediment to the parties entering into the marriage contract according to the laws of the state of their residence. The clerk shall enter the facts ascertained in a book kept by him for that purpose, except for the social security numbers which shall be provided to the state office of vital records and not made a part of the county public record. He may issue a license to marry and shall date the license on the date of issuance except as otherwise provided.

(c)  Unless there is an order to waive the requirements of this section by a judge of a court of record in the county pursuant to W.S. 20-1-105, the clerk shall refuse to issue a license if:

(i)  Either of the parties is legally incompetent to enter into a marriage contract according to the law of this state; or

(ii)  There is any legal impediment; or

(iii)  Either party is a minor and the consent of a parent or guardian has not been given.

(d)  A marriage license obtained from a Wyoming county clerk shall expire one (1) year from the date the license was issued if the parties have not solemnized the marriage.  The expiration date shall be shown on the marriage license.  Upon expiration of a marriage license, the parties shall apply for and obtain a new marriage license before solemnization of their marriage in this state.

20-1-104.  Repealed by Laws 1985, ch. 22, 2.

20-1-105.  Judge may order license issued.

(a)  If any county clerk refuses to issue a license to marry, or in case of circumstances arising which would necessitate the waiver of any one (1) or more of the requirements of W.S. 20-1-102 and 20-1-103(b) and (c), either applicant for the license may apply to the district court of the county for the issuance of a license without compliance with one (1) or more of those requirements. If the judge finds that a license should be issued, or such circumstances exist that it is proper that any one (1) or more of the requirements should be waived, the judge may order in writing the issuance of the license. Upon the order of the judge being filed with the county clerk, the county clerk shall issue the license at the time specified in the order. No fee or court costs shall be charged or taxed for the order.

(b)  If either party is under sixteen (16) years of age, the parents or guardians may apply to any judge of a court of record in the county of residence of the minor for an order authorizing the marriage and directing the issuance of a marriage license. If the judge believes it advisable, he shall enter an order authorizing the marriage and directing the county clerk to issue a license. Upon filing of a certified copy of the order with the county clerk, the county clerk shall issue a license and endorse thereon the fact of the issuance of the order. No person authorized to perform marriage ceremonies in Wyoming shall perform any marriage ceremony if either party is under the age specified by this subsection unless the license contains the endorsement.

(c)  Before issuing the order provided by this section the judge may require affidavits or other proof of the competency of the parties or of any other facts necessitating or making the order advisable. The order may be in substantially the following form:

I ...., the undersigned ...., a judge of the .... court, a court of record in and for .... county, Wyoming, hereby order that a marriage license may issue to .... of .... (address) and .... of .... (address) on the .... day of .... (year) Date: .....

20-1-106.  Who may solemnize marriage; form of ceremony.

(a)  Every district or circuit court judge, district court commissioner, supreme court justice, magistrate and every licensed or ordained minister of the gospel, bishop, priest or rabbi, or other qualified person acting in accordance with the traditions or rites for the solemnization of marriage of any religion, denomination or religious society, may perform the ceremony of marriage in this state.

(b)  In the solemnization of marriage no particular form is required, except that the parties shall solemnly declare in the presence of the person performing the ceremony and at least two (2) attending witnesses that they take each other as husband and wife.

20-1-107.  Certificate of marriage.

(a)  When a marriage is solemnized, the person performing the ceremony shall give one (1) of the parties a certificate under his hand and signed by the witnesses to the marriage, specifying the names, ages and place of residence of the parties married, the names and residences of at least two (2) witnesses who were present at the marriage, and the time and place thereof.

(b)  The county clerk of each county in the state shall record all returns of marriages in a book kept for that purpose within one (1) month after receipt.

(c)  The original certificate and record of marriage made by the person performing the ceremony and the record thereof or a certified copy of the certificate or record is admissible in all courts and places as presumptive evidence of the fact of the marriage.

20-1-108.  Offenses relating to marriage generally.

If the county clerk neglects to record a marriage certificate, or if any person performs a marriage ceremony knowing that he is not legally authorized to do so or knowing of any legal impediment to the proposed marriage, he is guilty of a misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for not exceeding one (1) year.

20-1-109.  When marriage solemnized by unauthorized person valid.

No marriage solemnized in any manner authorized by W.S. 20-1-106, shall be deemed or adjudged to be void, nor is the validity of the marriage in any way affected because of a lack of jurisdiction or authority of the person performing the ceremony of marriage if the marriage is consummated with a full belief on the part of the persons so married, or either of them, that the person performing the ceremony was lawfully authorized to do so.

20-1-110.  Marriage ceremony according to rites and customs of religious societies or assemblies.

Any religious society or religious assembly may perform the ceremony of marriage in this state according to the rites and customs of the society or assembly. The clerk or keeper of the minutes, proceedings or other book of the society or assembly wherein the marriage occurs, or if none then the moderator or person presiding in the society or assembly, shall make out and transmit to the county clerk of the county a certificate of the marriage.

20-1-111.  Foreign marriages.

All marriage contracts which are valid by the laws of the country in which contracted are valid in this state.

20-1-112.  Repealed by Laws 1995, ch. 117, 1.

20-1-113.  Legitimacy of children presumed.

The legitimacy of all children conceived or born during the marriage is rebuttably presumed pursuant to W.S. 14-2-504.

ARTICLE 2 - RIGHTS AND LIABILITIES

20-1-201.  Separate estate of real and personal property; not subject to control of spouse; exceptions.

All property belonging to a married person as his separate property which he owns at the time of his marriage or which during marriage he acquires in good faith from any person by descent or otherwise, together with all rents, issues, increase and profits thereof, is during marriage his sole and separate property under his sole control and may be held, owned, possessed and enjoyed by him the same as though he were single. Such property is not subject to the disposal, control or interference of his spouse and is exempt from execution or attachment for the debts of his spouse if the property was not conveyed to him by his spouse in fraud of his creditors. The necessary expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, for which they may be sued jointly or separately.

20-1-202.  Rights and limitations of married persons incident to the marriage relationship.

(a)  Any married person may transfer his separate property in the same manner and to the same extent as if he were unmarried and he may make contracts and incur obligations and liabilities, all of which may be enforced against him to the same extent and in the same manner as if he were unmarried.

(b)  Any person may, while married, sue and be sued in all matters having relation to his property, person or reputation, in the same manner as if he were single.

(c)  When a married person sues or is sued alone, proceedings shall be had and judgment rendered and enforced as if he were unmarried. His separate property and estate is liable for any judgment against him but he is entitled to the benefit of all exemptions for heads of families.

(d)  When any person against whom liabilities exist marries and has or acquires lands, judgment on the liability may be rendered against her, to be levied on the lands only.

(e)  A person is not liable for the debts and liabilities of his spouse contracted before marriage without an assumption thereof in writing.

CHAPTER 2 - DISSOLUTION OF MARRIAGE

ARTICLE 1 - IN GENERAL

20-2-101.  Void and voidable marriages defined; annulments.

(a)  Marriages contracted in Wyoming are void without any decree of divorce:

(i)  When either party has a husband or wife living at the time of contracting the marriage;

(ii)  When either party is mentally incompetent at the time of contracting the marriage;

(iii)  When the parties stand in the relation to each other of parent and child, grandparent and grandchild, brother and sister of half or whole blood, uncle and niece, aunt and nephew, or first cousins, whether either party is illegitimate. This paragraph does not apply to persons not related by consanguinity.

(b)  A marriage is voidable if solemnized when either party was under the age of legal consent unless a judge gave consent, if they separated during nonage and did not cohabit together afterwards, or if the consent of one (1) of the parties was obtained by force or fraud and there was no subsequent voluntary cohabitation of the parties.

(c)  Either party may file a petition in the district court of the county where the parties or one (1) of them reside, to annul a marriage for reasons stated in subsections (a) and (b) of this section and proceedings shall be held as in the case of a petition for divorce except as otherwise provided. Upon due proof the marriage shall be declared void by a decree of nullity.

(d)  An action to annul a marriage on the ground that one of the parties was under the age of legal consent provided by W.S. 20-1-102(a) may be filed by the parent or guardian entitled to the custody of the minor. The marriage may not be annulled on the application of a party who was of the age of legal consent at the time of the marriage nor when it appears that the parties, after they had attained the age of consent, had freely cohabited as man and wife.

(e)  An action to annul a marriage on the grounds of mental incompetency may be commenced on behalf of a mentally incompetent person by his guardian or next friend. A mentally incompetent person restored to competency may maintain an action of annulment, but no decree may be granted if the parties freely cohabited as husband and wife after restoration of competency.

(f)  An action to annul a marriage on the grounds of physical incapacity may only be maintained by the injured party against the party whose incapacity is alleged and may only be commenced within two (2) years from the solemnization of the marriage.

(g)  All decrees of annulment may include provisions for the custody and support of children pursuant to this article, W.S. 20-2-201 through 20-2-204 and 20-2-301 through 20-2-315 and for the division of property pursuant to W.S. 20-2-114.

20-2-102.  Petition by spouse for support.

When the husband and wife are living separately, or when they are living together but one (1) spouse does not support the other spouse or children within his means, and no proceeding for divorce is pending, the other spouse or the department of family services may institute a proceeding for support. No less than five (5) days after notice is personally served upon the nonsupporting spouse, the court may hear the petition and grant such order concerning the support of the spouse or children as it might grant were it based on a proceeding for divorce. If the nonsupporting spouse cannot be personally served within this state but has property within the jurisdiction of the court, or debts owing to him, the court may order such constructive service as appears sufficient and proper and may cause an attachment of the property. Upon completion of constructive service the court may grant relief as if personal service was had.

20-2-103.  Petition to affirm marriage.

When the validity of any marriage is denied by either party, the other party may file a petition to affirm the marriage. Upon due proof of the validity thereof, it shall be declared valid by a decree of the court which is conclusive upon all persons concerned.

20-2-104.  Causes for divorce generally; venue generally.

A divorce may be decreed by the district court of the county in which either party resides on the complaint of the aggrieved party on the grounds of irreconcilable differences in the marital relationship.

20-2-105.  Divorce action for insanity; when permitted; conditions to bringing action; liability for support.

(a)  A divorce may be granted when either party has become incurably insane and the insane person has been confined in a mental hospital of this state or of another state or territory for at least two (2) years immediately preceding the commencement of the action for divorce.

(b)  Upon the filing of a verified complaint showing that a cause of action exists under this section, the district court shall appoint some person to act as guardian of the insane person in the action. The summons and complaint in the action shall be served upon the defendant by delivering a copy of the summons and complaint to the guardian and to the county attorney of the county in which the action is brought.

(c)  The county attorney upon whom the summons and complaint is served shall appear for and defend the defendant in the action. No divorce shall be granted under this section except in the presence of the county attorney.

(d)  In any action brought under this section, the district courts possess all the powers relative to the payment of alimony, the distribution of property and the care, custody and maintenance of the children of the parties as in other actions for divorce.

(e)  Costs in the action, as well as the actual expenses of the county attorney and the expenses and fees of the guardian, shall be paid by the plaintiff. The expenses of the county attorney and expenses and fees of the guardian shall be fixed and allowed by the court, and the court may make such order as to the payment of fees and expenses as may seem proper.

20-2-106.  Judicial separation; procedure; powers of court; defenses.

(a)  When circumstances are such that grounds for a divorce exist, the aggrieved party may institute a proceeding by complaint in the same manner as if petitioner were seeking a decree of divorce, but praying instead to be allowed to live separate and apart from the offending party.

(b)  No separation by decree entered hereunder shall be grounds for a divorce on the grounds of desertion or two (2) year separation unless those grounds existed at the time of petitioning for judicial separation. A decree of divorce may be granted after the decree of judicial separation is entered upon proper grounds arising thereafter.

(c)  The court may make such orders as appear just, including custody of the children, provision for support, disposition of the properties of the parties, alimony, restraint of one (1) or both spouses during litigation and restraint of disposition of property. The court may impose a time limitation on the order or render a perpetual separation. The parties may at any time move the court to be discharged from the order.

(d)  All defenses available in an action for divorce are available under this section.

20-2-107.  Residential requirements generally for plaintiffs.

(a)  No divorce shall be granted unless the plaintiff has resided in this state for sixty (60) days immediately preceding the time of filing the complaint, or the marriage was solemnized in this state and the plaintiff has resided in this state from the time of the marriage until the filing of the complaint.

(b)  A married person who at the time of filing a complaint for divorce resides in this state is a resident although his spouse may reside elsewhere.

20-2-108.  Action conducted as civil action.

Actions to annul or affirm a marriage, for a divorce or to establish any order regarding the maintenance or custody of children shall be conducted in the same manner as civil actions, and the court may decree costs and enforce its decree as in other cases, except a divorce decree shall not be entered less than twenty (20) days from the date the complaint is filed.

20-2-109.  Restraining orders concerning property or pecuniary interests during litigation.

If after filing a complaint for divorce it appears probable to the court that either party is about to do any act that would defeat or render less effective any order which the court might ultimately make concerning property or pecuniary interests, an order shall be made for the prevention thereof and such process issued as the court deems necessary or proper.

20-2-110.  Restraint during litigation.

After the filing of a complaint for divorce or to annul a marriage, on the petition of either party the court may prohibit the other party from imposing any restraint upon the petitioner's personal liberty during the pendency of the action.

20-2-111.  Alimony during pendency of action; allowances for prosecution or defense of action; costs.

In every action brought for divorce, the court may require either party to pay any sum necessary to enable the other to carry on or defend the action and for support and the support of the children of the parties during its pendency. The court may decree costs against either party and award execution for the costs, or it may direct costs to be paid out of any property sequestered, in the power of the court, or in the hands of a receiver. The court may also direct payment to either party for such purpose of any sum due and owing from any person.

20-2-112.  Examination concerning property interests; enforcement of court orders; temporary custody of children.

(a)  In a proceeding for divorce, the court may cause the attendance of either party and compel an answer under oath concerning his property, rights or interests, or money that he may have or money due or to become due to him from others, and make such order thereon as is just and equitable. To enforce its orders concerning alimony, temporary or permanent, or property or pecuniary interests, the court may require security for obedience thereto, or may enforce the orders by attachment, commitment, injunction or by other means.

(b)  On the application of either party, the court may make such order concerning the care and custody of the minor children of the parties and their suitable maintenance during the pendency of the action as is proper and necessary and may enforce its order and decree in the manner provided in subsection (a) of this section. The party applying for the order shall notify the court of any known protection or custody orders issued on behalf of the parties from any other court. The court shall consider evidence of spouse abuse or child abuse as being contrary to the best interest of the children. If the court finds that family violence has occurred, the court shall make arrangements for visitation during temporary custody that best protect the children and the abused spouse from further harm.

20-2-113.  Repealed By Laws 2000, Ch. 34. 6.

20-2-114.  Disposition of property to be equitable; factors; alimony generally.

In granting a divorce, the court shall make such disposition of the property of the parties as appears just and equitable, having regard for the respective merits of the parties and the condition in which they will be left by the divorce, the party through whom the property was acquired and the burdens imposed upon the property for the benefit of either party and children. The court may decree to either party reasonable alimony out of the estate of the other having regard for the other's ability to pay and may order so much of the other's real estate or the rents and profits thereof as is necessary be assigned and set out to either party for life, or may decree a specific sum be paid by either party.

20-2-115.  Amended and Renumbered as 20-2-314 By Laws 2000, Ch. 34, 2.

20-2-116.  Revision of alimony and other allowances.

After a decree for alimony or other allowance for a party or children and after a decree for the appointment of trustees to receive and hold any property for the use of a party or children pursuant to W.S. 20-2-314, the court may from time to time, on the petition of either of the parties, revise and alter the decree respecting the amount of the alimony or allowance or the payment thereof and respecting the appropriation and payment of the principal and income of the property so held in trust and may make any decree respecting any of the matters which the court might have made in the original action.

20-2-117.  Amended and Renumbered as 20-1-113 By Laws 2000, Ch. 34, 4.

20-2-118.  Amended and Renumbered as 20-2-315 By Laws 2000, Ch. 34, 2.

ARTICLE 2 - CUSTODY AND VISITATION

20-2-201.  Disposition and maintenance of children in decree or order; access to records.

(a)  In granting a divorce, separation or annulment of a marriage or upon the establishment of paternity pursuant to W.S. 14-2-401 through 14-2-907, the court may make by decree or order any disposition of the children that appears most expedient and in the best interests of the children. In determining the best interests of the child, the court shall consider, but is not limited to, the following factors:

(i)  The quality of the relationship each child has with each parent;

(ii)  The ability of each parent to provide adequate care for each child throughout each period of responsibility, including arranging for each child's care by others as needed;

(iii)  The relative competency and fitness of each parent;

(iv)  Each parent's willingness to accept all responsibilities of parenting, including a willingness to accept care for each child at specified times and to relinquish care to the other parent at specified times;

(v)  How the parents and each child can best maintain and strengthen a relationship with each other;

(vi)  How the parents and each child interact and communicate with each other and how such interaction and communication may be improved;

(vii)  The ability and willingness of each parent to allow the other to provide care without intrusion, respect the other parent's rights and responsibilities, including the right to privacy;

(viii)  Geographic distance between the parents' residences;

(ix)  The current physical and mental ability of each parent to care for each child;

(x)  Any other factors the court deems necessary and relevant.

(b)  In any proceeding in which the custody of a child is at issue the court shall not prefer one (1) parent as a custodian solely because of gender.

(c)  The court shall consider evidence of spousal abuse or child abuse as being contrary to the best interest of the children. If the court finds that family violence has occurred, the court shall make arrangements for visitation that best protects the children and the abused spouse from further harm.

(d)  The court shall order custody in well defined terms to promote understanding and compliance by the parties. Custody shall be crafted to promote the best interests of the children, and may include any combination of joint, shared or sole custody.

(e)  Unless otherwise ordered by the court, the noncustodial parent shall have the same right of access as the parent awarded custody to any records relating to the child of the parties, including school records, activities, teachers and teachers' conferences as well as medical and dental treatment providers and mental health records.

(f)  At any time the court may require parents to attend appropriate parenting classes, including but not limited to, parenting classes to lessen the effects of divorce on children.

20-2-202.  Visitation.

(a)  The court may order visitation it deems in the best interests of each child and the court shall:

(i)  Order visitation in enough detail to promote understanding and compliance;

(ii)  Provide for the allocation of the costs of transporting each child for purposes of visitation;

(iii)  Require either parent who plans to change their home city or state of residence, to give written notice thirty (30) days prior to the move, both to the other parent and to the clerk of district court stating the date and destination of the move.

20-2-203.  Jurisdiction for enforcement and modification.

(a)  A court in this state which enters a custody order under W.S. 20-2-201 has continuing subject matter jurisdiction to enforce or modify the decree concerning the care, custody and visitation of the children as the circumstances of the parents and needs of the child require, subject to the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act. A court which has jurisdiction to enforce or modify an order under this section may decline to exercise its jurisdiction if it finds it is an inconvenient forum under the circumstances of the case and that the court which entered the original order is a more appropriate forum and has jurisdiction as set forth in the Uniform Child Custody Jurisdiction and Enforcement Act.

(b)  A court in any county in Wyoming in which the child has lived with his parents, a parent or a person acting as a parent for six (6) consecutive months immediately prior to commencement of the custody proceeding may assert subject matter jurisdiction and adjudicate any proceedings involving the child. Periods of temporary absence of any of the named persons shall be included as part of the six (6) month period.

(c)  Any party seeking to enforce or modify a custody order pursuant to this section shall attach a certified copy of the custody order to the petition to be enforced or modified. A certified copy of an order entered by a Wyoming court providing for the care, custody or visitation of children may be filed in the office of the clerk of the district court of any county in this state in which either parent resides if neither parent resides in the county of original jurisdiction. The district court for the county in which the order is filed has jurisdiction to enforce the order, provided:

(i)  Upon request of the district court for the county in which a certified copy of the order has been filed, the court which originally entered the order shall forward certified copies of the transcript of the court record and pleadings, orders, decrees, records of hearings, social studies and other pertinent documents relating to the original proceeding; and

(ii)  The district court for the county in which a certified copy of the order has been filed shall give due consideration to the transcript of the record and all other documents submitted to it in accordance with paragraph (i) of this subsection.

(d)  In any proceeding to enforce or modify an order concerning the care, custody and visitation of children, any required notice or pleading shall be served as provided by the Wyoming Rules of Civil Procedure.

20-2-204.  Enforcement and modification.

(a)  Either parent may petition to enforce or modify any court order regarding custody and visitation.

(b)  A court having jurisdiction under W.S. 20-2-203 may, upon appropriate motion of a party, require a parent to appear before the court and show just cause why the parent should not be held in contempt, upon a showing that the parent has willfully violated an order concerning the care, custody and visitation of the children. In order to enforce and require future compliance with an order the court may find that the parent is in contempt of court, award attorney's fees, costs and any other relief as the court may deem necessary under the circumstances to the party aggrieved by the violation of an order.

(c)  A court having jurisdiction may modify an order concerning the care, custody and visitation of the children if there is a showing by either parent of a material change in circumstances since the entry of the order in question and that the modification would be in the best interests of the children pursuant to W.S. 20-2-201(a). In any proceeding in which a parent seeks to modify an order concerning child custody or visitation, proof of repeated, unreasonable failure by the custodial parent to allow visitation to the other parent in violation of an order may be considered as evidence of a material change of circumstances.

ARTICLE 3 - CHILD SUPPORT

20-2-301.  Purpose.

Where necessary and appropriate, the court shall enter orders, whether temporary or permanent, pursuant to and in compliance with this article for the maintenance of children in actions for divorce, annulment, paternity, support, out-of-home placement and any other action for the maintenance or support of children.

20-2-302.  Applicability.

This article applies to all orders for the support or maintenance of children.

20-2-303.  Definitions.

(a)  As used in this article:

(i)  "Age of majority" means as defined in W.S. 14-1-101(a) or 14-2-204(a), whichever is applicable;

(ii)  "Income" means any form of payment or return in money or in kind to an individual, regardless of source. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent partial disability and permanent total disability worker's compensation payments, unemployment compensation, disability, annuity and retirement benefits, and any other payments made by any payor, but shall not include any earnings derived from overtime work unless the court, after considering all overtime earnings derived in the preceding twenty-four (24) month period, determines the overtime earnings can reasonably be expected to continue on a consistent basis. In determining income, all reasonable unreimbursed legitimate business expenses shall be deducted. Means tested sources of income such as Pell grants, aid under the personal opportunities with employment responsibilities (POWER) program, food stamps and supplemental security income (SSI) shall not be considered as income. Gross income also means potential income of parents who are voluntarily unemployed or underemployed;

(iii)  "Net income" means income as defined in paragraph (ii) of this subsection less personal income taxes, social security deductions, cost of dependent health care coverage for all dependent children, actual payments being made under preexisting support orders for current support of other children, other court-ordered support obligations currently being paid and mandatory pension deductions. Payments towards child support arrearage shall not be deducted to arrive at net income;

(iv)  "This article" means W.S. 20-2-301 through 20-2-315.

20-2-304.  Presumptive child support.

(a)  Child support shall be expressed in a specific dollar amount. The following child support tables shall be used to determine the total child support obligation considering the combined income of both parents. The appropriate table is based upon the number of children for whom the parents share joint legal responsibility and for whom support is being sought. After the combined net income of both parents is determined it shall be used in the first column of the tables to find the appropriate line from which the total child support obligation of both parents can be computed from the third column. The child support obligation computed from the third column of the tables shall be divided between the parents in proportion to the net income of each. The noncustodial parent's share of the joint child support obligation shall be paid to the custodial parent through the clerk of court:

(i)  One (1) child:

Net Monthly    Percentage of

 Income of        Income

   Both       Allocated For      Base Support Plus

 Parents      One Child         Marginal Percentage

  $833.00 26.2 $218.00 + 24.3% over $  833.00

$2,083.00 25.1 $522.00 + 23.3% over $2,083.00

$2,917.00 24.6 $716.00 + 12.9% over $2,917.00

$3,750.00 22.0 $824.00 + 10.7% over $3,750.00

$5,000.00 19.2 $958.00 +  9.9% over $5,000.00

$6,667.00 16.8   $1,122.00 + 9.4% over $6,667.00

$8,958.00 14.9   $1,338.00 + 5.9% of anything
            over $8,958.00

(ii)  Two (2) children:

Net Monthly    Percentage of

 Income of        Income

   Both       Allocated For      Base Support Plus

 Parents      Two Children       Marginal Percentage

  $833.00 36.8 $307.00 + 33.8% over $  833.00

$2,083.00 35.0 $729.00 + 31.9% over $2,083.00

$2,917.00 34.1 $995.00 + 16.4% over $2,917.00

$3,750.00 30.2 $1,131.00 + 13.1% over $3,750.00

$5,000.00 25.9 $1,295.00 + 12.5% over $5,000.00

$6,667.00 22.5 $1,503.00 + 12.5% over $6,667.00

$8,958.00 20.0 $1,790.00 +  7.0% of anything
          over $8,958.00

(iii)  Three (3) children:

Net Monthly    Percentage of

 Income of        Income

   Both       Allocated For      Base Support Plus

 Parents      Three Children     Marginal Percentage

  $833.00 42.7 $356.00 + 38.7% over $  833.00

$2,083.00 40.3 $840.00 + 36.4% over $2,083.00

$2,917.00 39.2 $1,144.00 + 16.8% over $2,917.00

$3,750.00 34.2 $1,284.00 + 13.3% over $3,750.00

$5,000.00 29.0 $1,450.00 + 13.7% over $5,000.00

$6,667.00 25.2 $1,677.00 + 12.2% over $6,667.00

$8,958.00 21.9 $1,958.00 +  7.7% of anything
          over $8,958.00

(iv)  Four (4) children:

Net Monthly    Percentage of

 Income of        Income

   Both       Allocated For      Base Support Plus

 Parents      Four Children      Marginal Percentage

  $833.00 47.6 $  397.00 + 43.2% over $  833.00

$2,083.00 45.0 $  937.00 + 40.6% over $2,083.00

$2,917.00 43.7 $1,275.00 + 18.7% over $2,917.00

$3,750.00 38.2 $1,431.00 + 14.8% over $3,750.00

$5,000.00 32.3 $1,616.00 + 15.2% over $5,000.00

$6,667.00 28.1 $1,870.00 + 13.7% over $6,667.00

$8,958.00 24.4 $2,183.00 +  8.6% of anything
          over $8,958.00

(v)  Five (5) or more children:

Net Monthly    Percentage of

 Income of        Income

   Both       Allocated For      Base Support Plus

 Parents       Five Children      Marginal Percentage

  $833.00 52.4 $  436.00 + 47.5% over $  833.00

$2,083.00 49.5 $1,030.00 + 44.7% over $2,083.00

$2,917.00 48.1 $1,403.00 + 20.6% over $2,917.00

$3,750.00 42.0 $1,575.00 + 16.3% over $3,750.00

$5,000.00 35.6 $1,778.00 + 16.8% over $5,000.00

$6,667.00 30.9 $2,057.00 + 15.0% over $6,667.00

$8,958.00 26.8 $2,402.00 +  9.4% of anything
          over $8,958.00

(b)  Where the combined income of the custodial parent and the noncustodial parent is less than eight hundred thirty-three dollars ($833.00), the support obligation of the noncustodial parent shall be twenty-five percent (25%) of net income, but in no case shall the support obligation be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the noncustodial parent owes a duty of support.

(c)  When each parent keeps the children overnight for more than forty percent (40%) of the year and both parents contribute substantially to the expenses of the children in addition to the payment of child support, a joint presumptive support obligation shall be determined by use of the tables. After the joint presumptive child support obligation is derived from column three of the tables, that amount shall be divided between the parents in proportion to the net income of each. The proportionate share of the total obligation of each parent shall then be multiplied by the percentage of time the children spend with the other parent to determine the theoretical support obligation owed to the other parent. The parent owing the greater amount of child support shall pay the difference between the two (2) amounts as the net child support obligation.

(d)  When each parent has physical custody of at least one (1) of the children, a joint presumptive support obligation for all of the children shall be determined by use of the tables. The joint presumptive support amount shall be divided by the number of children to determine the presumptive support obligation for each child, which amount shall then be allocated to each parent based upon the number of those children in the physical custody of that parent. That sum shall be multiplied by the percentage that the other parent's net income bears to the total net income of both parents. The obligations so determined shall then be offset, with the parent owing the larger amount paying the difference between the two (2) amounts to the other parent as a net child support obligation.

(e)  If a proportion of a support obligor's social security or veteran's benefit is paid directly to the custodian of the obligor's dependents who are the subject of the child support order, the total amount of the social security or veteran's benefit, including the amounts paid to the obligor and custodian under the child support order, shall be counted as gross income to the obligor.  However, in determining the support amount, the amount of the social security or veteran's benefit sent directly to the custodian shall be subtracted from the obligor's share of presumptive support.  If the subtraction of the social security or veteran's benefit sent directly to the custodian results in a negative dollar amount, the support amount shall be set at zero.  The child support obligation shall be offset by the amount of the social security or veteran's benefit sent directly to the custodian, beginning from the time the custodian began receiving the social security or veteran's benefit.  The obligor or the department of family services may apply to the court to receive a credit against arrears for any social security or veteran's benefits that are paid retroactively to the custodian.  For purposes of this subsection, "custodian" means the custodian of dependent children under a child support order and the physical custodian of dependent children who are the subject of a child support order.

20-2-305.  Abatements.

(a)  Unless otherwise ordered by the court, child support shall abate by one-half (1/2) of the daily support obligation for each day the noncustodial parent has physical custody of the child for whom support is due, provided that the noncustodial parent has custody of the child for fifteen (15) or more consecutive days. For the purposes of computing abatement and determining whether the noncustodial parent has met the consecutive day requirement of this subsection, overnight and weekend visits with the custodial parent during the period for which abatement is claimed shall be disregarded.

(b)  The noncustodial parent shall file any claim for child support abatement with the clerk of the court within thirty (30) days after the period for which abatement is claimed and shall pay to the clerk the sum of ten dollars ($10.00). The clerk shall mail a copy of the claim to the custodial parent at the address provided to the clerk by the custodial parent.

(c)  The custodial parent shall have the right to object to any claim for abatement made by the noncustodial parent. The custodial parent's right to object shall be limited solely to issues related to the legitimacy or accuracy of the abatement claim. The custodial parent shall file any objection to the abatement claim with the clerk of court within thirty (30) days of the date the clerk mailed the notice of claim for abatement and shall pay to the clerk a fee of ten dollars ($10.00). The custodial parent may approve the abatement claim prior to the expiration of the thirty (30) day time period for objections by filing notice of immediate approval with the clerk of the court, and no filing fee shall be assessed for filing of such notice of immediate approval.  The clerk shall mail a copy of the objection or notice of immediate approval to the noncustodial parent at the address provided to the clerk by that parent.

(d)  Claims, objections or responses not timely filed or not accompanied by the requisite fee are barred without further order of the court.

(e)  The clerk shall notify the court of claims and objections not barred and of any arrearage owed by the noncustodial parent, and the court shall promptly resolve the differences, with or without a hearing, and prepare and file an appropriate order.

(f)  Abatement amounts shall be applied to any current child support due and then to any arrearage balance owed to the custodial parent for past-due child support. If there is no arrearage and no objection was filed within the thirty (30) day period for objections, or if there is no arrearage and a notice of immediate approval was filed prior to the expiration of the thirty (30) day period for objections, the abatement amount shall be reduced from the next scheduled payment of child support.

(g)  In all cases in which the custodial parent has filed an objection to a claim for abatement within the thirty (30) day time period, the noncustodial parent shall have the right to respond to the objection. The noncustodial parent's right to respond to the objection shall be limited solely to issues raised in the objection.  The noncustodial parent shall file any response with the clerk of the court within fifteen (15) days of the date the clerk mailed the objection to the noncustodial parent, and no filing fee shall be assessed. The clerk shall mail a copy of the response to the custodial parent at the address provided to the clerk by the custodial parent. The court shall fully consider the abatement claim of the noncustodial parent regardless of whether a response to the objection was filed.

(h)  For purposes of this section, "weekend" means any two (2) consecutive days, except if a legal holiday precedes or follows the days constituting a weekend under this section the weekend shall consist of three (3) days.

20-2-306.  Revision of presumptive child support.

On or before December 1, 1996, and at least once every four (4) years thereafter, the department of family services shall review the presumptive child support established under this article to ensure that application results in the determination of appropriate child support award amounts.

20-2-307.  Presumptive child support to be followed; deviations by court.

(a) The presumptive child support established by W.S. 20-2-304 shall be rebuttably presumed to be the correct amount of child support to be awarded in any proceeding to establish or modify temporary or permanent child support amounts. Every order or decree providing for the support of a child shall set forth the presumptive child support amount and shall state whether the order or decree departs from that amount.

(b)  A court may deviate from the presumptive child support established by W.S. 20-2-304 upon a specific finding that the application of the presumptive child support would be unjust or inappropriate in that particular case.  In any case where the court has deviated from the presumptive child support, the reasons therefor shall be specifically set forth fully in the order or decree. In determining whether to deviate from the presumptive child support established by W.S. 20-2-304, the court shall consider the following factors:

(i)  The age of the child;

(ii)  The cost of necessary child day care;

(iii)  Any special health care and educational needs of the child;

(iv)  The responsibility of either parent for the support of other children, whether court ordered or otherwise;

(v)  The value of services contributed by either parent;

(vi)  Any expenses reasonably related to the mother's pregnancy and confinement for that child, if the parents were never married or if the parents were divorced prior to the birth of the child;

(vii)  The cost of transportation of the child to and from visitation;

(viii)  The ability of either or both parents to furnish health, dental and vision insurance through employment benefits;

(ix)  The amount of time the child spends with each parent;

(x)  Any other necessary expenses for the benefit of the child;

(xi)  Whether either parent is voluntarily unemployed or underemployed. In such case the child support shall be computed based upon the potential earning capacity (imputed income) of the unemployed or underemployed parent. In making that determination the court shall consider:

(A)  Prior employment experience and history;

(B)  Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent's income;

(C)  The presence of children of the marriage in the parent's home and its impact on the earnings of that parent;

(D)  Availability of employment for which the parent is qualified;

(E)  Prevailing wage rates in the local area;

(F)  Special skills or training; and

(G)  Whether the parent is realistically able to earn imputed income.

(xii)  Whether or not either parent has violated any provision of the divorce decree, including visitation provisions, if deemed relevant by the court; and

(xiii)  Other factors deemed relevant by the court.

(c)  If the parties fail to agree that the presumptive child support amount under W.S. 20-2-304 is appropriate, the court may order the party seeking to deviate from the presumptive child support amount to pay reasonable attorney fees and court costs to the other party unless, after hearing the evidence and considering the factors contained in subsection (b) of this section, the court deviates from the presumptive support amount.

(d)  Agreements regarding child support may be submitted to the court. All such agreements shall be accompanied by a financial affidavit as required by W.S. 20-2-308. The court shall use the presumed child support amounts to review the adequacy of child support agreements negotiated by the parties. If the agreed amount departs from the presumed child support, the parties shall furnish statements of explanation which shall be included with the forms and shall be filed with the court. The court shall review the agreement and inform the parties whether or not additional or corrected information is needed, or that the agreement is approved or disapproved.  No agreement which is less than the presumed child support amount shall be approved if means tested sources of income such as aid under the personal opportunities with employment responsibilities (POWER) program, health care benefits under Title XIX of the Social Security Act, food stamps, supplemental security income (SSI) or other similar benefits are being paid on behalf of any of the children.

20-2-308.  Financial affidavits required; financial reporting.

(a)  No order establishing or modifying a child support obligation shall be entered unless financial affidavits on a form approved by the Wyoming supreme court which fully discloses the financial status of the parties have been filed, or the court has held a hearing and testimony has been received.

(b)  Financial affidavits of the parties shall be supported with documentation of both current and past earnings. Suitable documentation of current earnings includes but is not limited to pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of current earnings shall be supplemented with copies of the most recent tax return to provide verification of earnings over a longer period.

(c)  The court may require, or the parents may agree, to exchange financial and other appropriate information once a year or less often, by regular mail, for the purpose of analyzing the propriety of modification of court ordered child support.

(d)  All financial affidavits and records required by law to be attached to the affidavit shall constitute a confidential file and are subject to inspection by persons other than the parties, their attorneys or the department of family services to the extent necessary to enforce the Child Support Enforcement Act and the Uniform Interstate Family Support Act only by court order.

20-2-309.  Contents of orders; change of address or employment; income withholding entered; payment.

(a)  All orders shall include the:

(i)  Names, addresses, dates of birth and places of birth of the parties and all children to whom the order relates;

(ii)  Names and addresses of each party's employer; and

(iii)  Repealed By Laws 2004, Chapter 72, 2.

(iv)  Right of either party or, when appropriate, the department of family services to petition to enforce an order pursuant to W.S. 20-2-201 through 20-2-204, 20-2-310 and 20-2-311(d).

(b)  All child support orders shall be accompanied by a confidential statement that contains the social security numbers of each party and each child.  The confidential statement may be inspected by:

(i)  The parties and their attorneys;

(ii)  The department of family services to the extent necessary to enforce the Child Support Enforcement Act and the Uniform Interstate Family Support Act; and

(iii)  Other persons or entities, if permitted by court order.

(c)  The court shall order each party to notify the clerk of court in writing within fifteen (15) days of any change in address or employment.

(d)  In any subsequent enforcement action brought under this chapter in which the parties were previously ordered to provide the clerk of the court with their current residential, mailing and employer's address, the court, upon sufficient showing to the satisfaction of the court that a diligent effort has been made to ascertain the location of a party, shall deem state due process requirements for notice and service of process to be met upon delivery of written notice to the most recent residential or employer address of that party filed with the clerk of the district court and the state case registry pursuant to the requirements of this section provided:

(i)  An affidavit attesting to the diligent effort to locate the party is filed with the court at the time of filing the subsequent enforcement action; and

(ii)  Delivery of the written notice to the most recent residential or employer address of the party is made by personal service or by certified mail.

(e)  Upon entry of any order for the support of a child under this section the court shall also enter an income withholding order as provided by W.S. 20-6-204.

(f)  All child support payments shall be paid to the clerk of the district court.

(g)  For purposes of this section, "party" does not include the department of family services.

20-2-310.  Enforcement of child support.

(a)  In any proceeding to enforce the decree concerning the maintenance of children, any required notice or pleading shall be served as provided by the Wyoming Rules of Civil Procedure.

(b)  A court may, upon appropriate motion, require a parent to appear before the court and show just cause why the parent should not be held in contempt and, upon a showing that the parent has willfully violated a child support order, make such order or orders as the court deems necessary and appropriate.

(c)  In any case in which child support has been ordered to be paid to the clerk of the court, any periodic payment or installment under the provisions of an order concerning maintenance is, on the date it is due, a judgment by operation of law.

(d)  If an able-bodied obligor is unemployed and otherwise unable to fulfill his court-ordered child support obligation, the court may order the obligor to participate in the personal opportunities with employment responsibilities (POWER) work program administered by the department of workforce services, excluding the benefit portion of that program, without regard to the program eligibility requirements under title 42 or the department rules and regulations promulgated thereunder.

(e)  The court in order to enforce and require future compliance with an order, may find that the parent is in contempt of court, award attorney fees, costs and any other relief as the court may deem necessary under the circumstances.

20-2-311.  Adjustment of child support orders.

(a)  Any party, or the department of family services in the case of child support orders being enforced by the department, may petition for a review and adjustment of any child support order that was entered more than six (6) months prior to the petition or which has not been adjusted within six (6) months from the date of filing of the petition for review and adjustment.  The petition shall allege that, in applying the presumptive child support established by this article, the support amount will change by twenty percent (20%) or more per month from the amount of the existing order.  The court shall require the parents to complete a verified financial statement on forms approved by the Wyoming supreme court, and shall apply the presumptive child support set out in this article in conducting the review and adjustment. If, upon applying the presumptive child support to the circumstances of the parents or child at the time of the review, the court finds that the support amount would change by twenty percent (20%) or more per month from the amount of the existing order, the court shall consider there to be a change of circumstances sufficient to justify the modification of the support order.  The provisions of this section do not preclude a party or assignee from bringing an action for modification of a support order, based upon a substantial change of circumstances, at any time. Every three (3) years, upon the request of either parent or, if there is a current assignment of support rights in effect, upon the request of the department, the court, with respect to a support order being enforced under this article and taking into account the best interests of the child involved, shall review and, if appropriate, adjust the order in accordance with the guidelines established pursuant to this article. Any adjustment under the three (3) year cycle shall be made without a requirement for a showing of a change in circumstances. The commencement of aid under the personal opportunities with employment responsibilities (POWER) program, medical benefits under Title XIX of the Social Security Act, food stamps and supplemental security income (SSI) shall be considered a substantial change of circumstances requiring modification of child support.

(b)  Notwithstanding any other provision of law, if the parties fail to agree that the presumptive child support amount under W.S. 20-2-304 is appropriate, the court may order the party seeking to deviate from the presumptive child support amount to pay a reasonable attorney fee and court costs to the other party unless, after hearing the evidence and considering the factors contained in W.S. 20-2-307(b), the court deviates from the presumptive support amount.

(c)  In addition to the petition authorized under subsection (a) of this section, the court on its own motion, or the department without petitioning the court, may increase monthly child support payments to include amounts for arrearages or may decrease the monthly child support payment in cases of emergencies or if the arrearages are paid. Any action by the department to increase monthly child support payments under this subsection shall allow the obligor a reasonable opportunity to contest the action in accordance with the Wyoming Administrative Procedure Act and rules and regulations adopted by the department.

(d)  An order for child support is not subject to retroactive modification except:

(i)  Upon agreement of the parties; or

(ii)  The order may be modified with respect to any period during which a petition for modification is pending, but only from the date notice of that petition was served upon the obligee as provided by the Wyoming Rules of Civil Procedure, if the obligor or the department is the petitioner, or to the obligor, if the obligee or the department is the petitioner.

20-2-312.  Redirection of child support.

Upon affidavit by the current custodian or the department filed with the clerk of the district court, or by operation of law when public funds have been expended on behalf of a minor child, that the care and control of the child resides in a party other than the obligee under a child support order, the child support shall, by operation of law, be redirected to the person or agency who has the care and control of the child and shall be subject to assignment by the person having the care and control of the child pursuant to W.S. 20-6-106. The department, upon proof by affidavit filed with the clerk of district court or upon verified information it has received pursuant to W.S. 20-6-106 that the child support is subject to an assignment, may redirect the child support to the person or agency in whose favor the assignment is made.

20-2-313.  Cessation of child support.

(a)  An on-going child support obligation terminates when the:

(i)  Parents marry or remarry each other;

(ii)  Child dies;

(iii)  Child is legally emancipated; or

(iv)  Child attains the age of majority.

(b)  After the remarriage of the parents to each other, the court may eliminate all child support arrearage existing between the parents except those assigned to the state of Wyoming.

20-2-314.  Court may appoint trustees to manage amount set aside for children.

Upon application by any party, the court may order any amount set apart for the children to be paid to a trustee or trustees appointed by the court, upon trust to invest the same and to apply the income thereof to the support of the children in such manner as the court directs. This section does not apply to periodic payments designated as child support by a court order.

20-2-315.  Court may require security for child support payments.

(a)  Upon the issuance of any order or entering of a decree under this chapter which provides for child support payments, or any time thereafter following notice and opportunity for hearing, the court may, for good cause shown, require the obligor to provide security of nonexempt property that the court deems satisfactory to secure payment of child support.

(b)  The court, upon petition and following notice and hearing, shall no longer require the order for security if the court determines:

(i)  Good cause no longer exists to require security to assure payment upon the obligation to pay child support; and

(ii)  There is no overdue support outstanding.

(c)  Once the child support obligation has terminated and arrearages satisfied, the security shall be released.

ARTICLE 4 - MEDICAL SUPPORT FOR CHILDREN

20-2-401.  Medical support to be included as part of child support order.

(a)  In any action to establish or modify a child support obligation, the court shall order either or both of the parents to provide medical support, which may include dental, optical or other health care needs for their dependent children.  The court shall:

(i)  Require in the support order:

(A)  That one (1) or both parents shall provide insurance coverage for the children if insurance can be obtained through an employer or other group carrier, or if it is otherwise reasonably available; and

(B)  That one (1) or both parents be liable to pay any medical expenses not covered by insurance and any deductible amount on the required insurance coverage; or

(ii)  Specify in the court order the proportion for which each parent will be liable for any medical expenses, which may include dental, optical or other health care expenses incurred by any person or agency on behalf of a child if the expenses are not covered by insurance.

(b)  When the insurance coverage is ordered pursuant to subsection (a) of this section, the court shall order the obligated parent to submit to the court and to the other parent, or to the other parent's representative, written proof that the insurance has been obtained or that application for insurability has been made within sixty (60) days after the entry of the order requiring insurance coverage.  Proof of insurance coverage shall contain, at a minimum:

(i)  The name of the insurer;

(ii)  The policy number;

(iii)  The address to which all claims should be mailed;

(iv)  A description of any restrictions on usage, such as preapproval for hospital admission, and the manner in which to obtain preapproval;

(v)  A description of all deductibles; and

(vi)  Two (2) copies of claim forms.

(c)  The court shall order the obligated parent to notify the court and the other parent if insurance coverage for any child is denied, revoked, or altered in any way that would affect the other parent including any change relating to information required in subsection (b) of this section.

(d)  The court may hold an obligated parent in contempt for refusing to provide the ordered insurance, or for failing or refusing to provide the information required in subsections (b) and (c) of this section.

(e)  In addition to enforcement by contempt, as provided for in subsection (d) of this section, the obligated parent is liable to the other parent, any person or agency for:

(i)  Part or all of the cost of medical care and medical insurance premiums paid or provided to a child for any period in which the obligated parent failed to provide required coverage;

(ii)  Any direct insurance benefits received by the obligated parent and not used for the medical care of the child; and

(iii)  Any reasonable attorney fees and costs incurred in collection that the court may determine appropriate.

20-2-402.  Employer's obligations.

(a)  Where a parent is required by a court or administrative order to provide health coverage for a child, at the time of the order, which is offered by and available through an employer doing business in this state to the parent, the employer is required to comply with the following:

(i)  To permit the parent who has already met eligibility requirements, to enroll, under the family coverage, any child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;

(ii)  If the parent is enrolled but fails to make application to obtain coverage for the child, to permit enrollment of the child under family coverage upon application by the child's other parent, the department of health in administering the Wyoming Medical Assistance and Services Act or the department of family services in administering the child support enforcement program;

(iii)  To transfer the national medical support notice to the appropriate group health plan providing the health care coverage for which the child is eligible within twenty (20) business days after the date of the national medical support notice;

(iv)  To withhold from the employee's compensation the employee's share, if any, of premiums for health coverage and to pay this amount to the insurer;

(v)  Not to disenroll, or eliminate coverage of, the child unless the employee is no longer insured by that employer's plan or the employer is provided satisfactory written evidence that:

(A)  The court or administrative order is no longer in effect;

(B)  The child is or will be enrolled in comparable health coverage which will take effect not later than the effective date of disenrollment;

(C)  The employer has eliminated family health coverage for all of its employees; or

(D)  The employee is no longer working for the employer.

(vi)  To notify the department within thirty (30) business days whenever the obligor's employment is terminated. The notice shall include the following information:

(A)  When the obligor left the employment;

(B)  The last known address of the obligor;

(C)  The last known telephone number for the obligor; and

(D)  The name, address and telephone number of the obligor's new employer, if known.

(b)  No employer shall use the existence of the medical child support order authorized by this act:

(i)  As grounds for discharge or discipline;

(ii)  To otherwise penalize an obligor; or

(iii)  As grounds to refuse to employ a person.

(c)  Any employer who violates subsection (a) or (b) of this section is subject to a civil penalty of not more than one hundred dollars ($100.00). Any penalty collected under this section shall be distributed to the county public school fund in the county where the penalty was collected.

20-2-403.  Department of family services; duties of department and custodial parent; rules and regulations.

(a)  In IV-D cases where the noncustodial parent is required to provide health care coverage pursuant to a child support order, and for whom the employer is known, the department shall enforce the provision of court ordered health care coverage for dependent children, where appropriate, through the use of the national medical support notice as provided by federal or state law, unless alternate coverage is allowed by any order of the court or tribunal, including:

(i)  Cash contributions for health insurance coverage premiums through the custodial parent's employment;

(ii)  Private coverage, unrelated to the noncustodial parent's employment.

(b)  The department shall transfer the national medical support notice to the employer within two (2) business days after an employee who is an obligor in a IV-D case is entered in the state directory of new hires.

(c)  The department shall promptly notify the employer when there is no longer a current order for medical support in effect for which the department is responsible.

(d)  The custodial parent, in consultation with the department, shall promptly select from available insurance plan options when the insurance plan administrator reports that there is more than one (1) option available under the plan, and shall take into consideration the income withholding of, and costs to, the obligor.

(e)  The department shall, through rules and regulations, develop procedures to determine when it is appropriate to utilize the national medical support notice.

20-2-404.  Rights of obligor.

(a)  The obligor shall have twenty (20) days from the date of receipt of the national medical support notice within which to request a hearing. If the obligor does not request a hearing within twenty (20) days, the opportunity for a hearing may be deemed waived.

(b)  The request for hearing shall be made in writing to the court or tribunal having appropriate jurisdiction, with notice provided to the department, and shall state the basis upon which the hearing is requested.

(c)  The obligor may contest the withholding based on mistake of fact, according to the provisions of subsection (a) of this section. Notwithstanding any contest by the obligor under this subsection, the employer shall initiate withholding until the employer receives notice from the department that withholding is no longer required. Any funds that are found to be inappropriately withheld shall be refunded to the obligor, if no arrearages exist, in accordance with rules and regulations of the department.

20-2-405.  Priorities of payment.

(a)  In IV-D cases in which an obligor is subject to income withholding for court ordered child support payments, health care coverage and any arrearages, and the amount of withholding allowed by law does not satisfy all withholding orders against the obligor, payment of current child support obligations shall be given priority in accordance with W.S. 20-6-215.

(b)  After the requirements of W.S. 20-6-215 are met, health insurance premiums shall be prioritized by the court or tribunal on a case-by-case basis.

20-2-406.  Definitions.

(a)  As used in this act:

(i)  "Department" means the department of family services;

(ii)  "Employer" means any person who owes income to an obligor, including but not limited to, the United States government, a state government, any unit of local government and any school district;

(iii)  "IV-D agency" means the department of family services or any other state's IV-D agency as defined by that state;

(iv)  "IV-D case" means a case with respect to a child in which support enforcement services are provided in accordance with Title IV-D of the federal Social Security Act by the child support enforcement unit of the department to a custodian of a child who is a recipient of services under title 42, chapters 1, 2 or 4, of the Wyoming statutes, or is a recipient of Title IV-E foster care. The term also includes any case in which a parent or custodian of a child applies to the child support enforcement unit of the department for support enforcement services and pays a fee for such services;

(v)  "Medical child support order" means an order, judgment or decree, including the approval of a settlement agreement, issued by a court or tribunal, requiring a parent to provide health care coverage for a child and which may require a payor to enroll the child in a health care benefit plan;

(vi)  "Mistake of fact" means an error in the amount of current support or arrearages, in the identity of the obligor or that the order of support does not exist or has been vacated;

(vii)  "National medical support notice" means the federally approved national medical support notice used to enforce the provision of health care coverage in IV-D cases for children of noncustodial parents who are required to provide health care coverage through an employment-related group health plan in accordance with a child support order;

(viii)  "Obligor" means a person who owes a duty of support for a child;

(ix)  "Payor" means any employer or other person who pays income to an obligor and who has or provides health care coverage to employees;

(x)  "Title IV-D" means Title IV-D of the federal Social Security Act which established the federal child support enforcement program;

(xi)  "This act" means W.S. 20-2-401 through 20-2-406.

CHAPTER 3 - DESERTION OF SPOUSE OR CHILDREN

20-3-101.  Desertion generally; penalty; public welfare funds; prisoner's earnings; temporary order for support.

(a)  Any spouse who, without just cause or lawful excuse, deserts the other spouse or fails or refuses to provide adequately for the support and maintenance of the other spouse and who at the time of leaving, failure or refusal is or thereafter becomes in necessitous circumstances is guilty of a crime, and upon conviction thereof, shall be punished by a fine not exceeding seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

(b)  Any person who without just cause or legal excuse intentionally fails, refuses or neglects to provide adequate support which the person knows or reasonably should know the person is legally obligated to provide to a child under eighteen (18) years of age is guilty of:

(i)  A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;

(ii)  A misdemeanor punishable by imprisonment for not less than seven (7) days nor more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if:

(A)  The defendant has previously been convicted under this subsection; or

(B)  The support has been ordered by any court and the defendant has failed to pay the support obligation within sixty (60) days after the date payment was due.

(c)  It is an affirmative defense to a charge under subsection (a) or (b) of this section that the person was unable to provide adequate support but did provide such support as was within that person's ability and means.  A person may not demonstrate inability to provide support if the person is employable but, without reasonable excuse, fails diligently to seek employment, terminates employment or reduces earnings or assets.  A person who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence.

(d)  Support of spouse or child by public welfare funds or from any source other than from the other spouse or parent as the case may be, is not just cause or lawful excuse for the spouse or parent to fail to provide support under this section.

(e)  If a person is imprisoned under this section, the court may divert any earnings of the person to the use and benefit of the spouse and any minor child as provided by W.S. 7-16-308.

(f)  Proceedings under this section may be instituted upon verified complaint against any person guilty of the offenses.

(g)  At any time before trial, upon petition of the complainant and notice to the defendant, the court may enter a temporary order providing for the support of the deserted spouse or children or both, pendente lite, and may punish for violation of the order as for contempt.

(h)  This state has jurisdiction over an offense under this section if conduct constituting any element of the offense or a result of that conduct occurs within this state.

20-3-102.  Ordering of payments for support in lieu of penalty; when authorized; term; release of defendant on probation; entering of recognizance; conditions of recognizance; providing for security.

(a)  Before trial with the consent of the defendant, or on entry of a plea of guilty or after conviction, instead of the penalty provided by W.S. 20-3-101(b) or in addition thereto, the court having regard to the circumstances and the financial ability or earning capacity of the defendant, may enter an order directing the defendant to pay a certain sum for not exceeding two (2) years, to the parent, the guardian or custodian of the minor child or children or to an organization or individual approved by the court as trustee. The court may release the defendant on probation for the period so fixed, upon a recognizance with or without surety in an amount as the court may order, conditioned that if the defendant appears in court whenever ordered and complies with the terms of the order of support or any modification thereof, the recognizance shall be void.

(b)  The court may require the defendant to provide any security of nonexempt property that the court deems satisfactory to secure the obligation to pay child support.

(c)  The court, upon petition and following notice and hearing, shall no longer require the order for security if the court determines:

(i)  Good cause no longer exists to require security to assure payment upon the obligation to pay child support; and

(ii)  There is no overdue support outstanding.

(d)  Once the obligor has satisfied the obligation to make child support payments as ordered by the court, the security shall be released.

20-3-103.  Ordering of payments for support in lieu of penalty; violation of order; trial; sentence; forfeiture of recognizance; disposition of sum recovered.

If the court finds at any time during the period of probation the defendant has violated the terms of the order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him or her or enforce a suspended sentence under the original plea or conviction. In case of the forfeiture of recognizance, or enforcement thereof by execution, the sum recovered may be paid in whole or in part to the wife or to the guardian, custodian or trustee of the minor child or children.

20-3-104.  Proving marriage, parenthood; spouses as witnesses; disclosure of confidential communications; desertion, neglect or refusal to support.

No other or greater evidence is required to prove the marriage of a husband and wife or that the defendant is the father or mother of a child or children than is required to prove such facts in a civil action. In a prosecution under this act no statute or rule of law prohibiting the disclosure of confidential communications between husband and wife shall apply. Both husband and wife are competent witnesses to testify against each other to any relevant matters including the fact of marriage and the parentage of the child or children but neither shall be compelled to give evidence incriminating himself or herself. Proof of the desertion of the wife, child or children in destitute or necessitous circumstances, or of the neglect or refusal to provide for the support and maintenance of the wife, child or children is prima facie evidence that the desertion, neglect or refusal is willful.

20-3-105.  Repealed by Laws 1986, ch. 67, 2.

CHAPTER 4 - UNIFORM INTERSTATE FAMILY SUPPORT ACT

20-4-101.  Repealed by Laws 1995, ch. 148, 3.

20-4-102.  Repealed by Laws 1995, ch. 148, 3.

20-4-103. Repealed by Laws 1995, ch. 148, 3.

20-4-104. Repealed by Laws 1995, ch. 148, 3.

20-4-105. Repealed by Laws 1995, ch. 148, 3.

20-4-106. Repealed by Laws 1995, ch. 148, 3.

20-4-107. Repealed by Laws 1995, ch. 148, 3.

20-4-108. Repealed by Laws 1995, ch. 148, 3.

20-4-109. Repealed by Laws 1995, ch. 148, 3.

20-4-110. Repealed by Laws 1995, ch. 148, 3.

20-4-111. Repealed by Laws 1995, ch. 148, 3.

20-4-112. Repealed by Laws 1995, ch. 148, 3.

20-4-113. Repealed by Laws 1995, ch. 148, 3.

20-4-114. Repealed by Laws 1995, ch. 148, 3.

20-4-115. Repealed by Laws 1995, ch. 148, 3.

20-4-116. Repealed by Laws 1995, ch. 148, 3.

20-4-117. Repealed by Laws 1995, ch. 148, 3.

20-4-118. Repealed by Laws 1995, ch. 148, 3.

20-4-119. Repealed by Laws 1995, ch. 148, 3.

20-4-120. Repealed by Laws 1995, ch. 148, 3.

20-4-121. Repealed by Laws 1995, ch. 148, 3.

20-4-122. Repealed by Laws 1995, ch. 148, 3.

20-4-123. Repealed by Laws 1995, ch. 148, 3.

20-4-124. Repealed by Laws 1995, ch. 148, 3.

20-4-125. Repealed by Laws 1995, ch. 148, 3.

20-4-126. Repealed by Laws 1995, ch. 148, 3.

20-4-127. Repealed by Laws 1995, ch. 148, 3.

20-4-128. Repealed by Laws 1995, ch. 148, 3.

20-4-129. Repealed by Laws 1995, ch. 148, 3.

20-4-130. Repealed by Laws 1995, ch. 148, 3.

20-4-131. Repealed by Laws 1995, ch. 148, 3.

20-4-132. Repealed by Laws 1995, ch. 148, 3.

20-4-133. Repealed by Laws 1995, ch. 148, 3.

20-4-134. Repealed by Laws 1995, ch. 148, 3.

20-4-135. Repealed by Laws 1995, ch. 148, 3.

20-4-136. Repealed by Laws 1995, ch. 148, 3.

20-4-137. Repealed by Laws 1995, ch. 148, 3.

20-4-138. Repealed by Laws 1995, ch. 148, 3.

20-4-139.  Short title.

This act may be cited as the "Uniform Interstate Family Support Act."

20-4-140.  Definitions.

(a)  As used in this act:

(i)  "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent who is or is alleged to be the beneficiary of a support order directed to the parent;

(ii)  "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state;

(iii)  "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support;

(iv)  "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child less than six (6) months old, the state in which the child lived from birth with any of them.  A period of temporary absence of any of them is counted as part of the six (6) month or other period;

(v)  "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state;

(vi)  "Income withholding order" means an order or other legal process directed to an obligor's employer or other payor, as defined by the Income Withholding Act, W.S. 20-6-201 through 20-6-222, to withhold support from the income of the obligor;

(vii)  "Initiating state" means a state from which a proceeding is filed for forwarding to a responding state under the Uniform Interstate Family Support Act or a law or procedure substantially similar to this act;

(viii)  "Initiating tribunal" means the authorized tribunal in an initiating state;

(ix)  "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage;

(x)  "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage;

(xi)  "Obligee" means:

(A)  An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;

(B)  A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or

(C)  An individual seeking a judgment determining parentage of the individual's child.

(xii)  "Obligor" means an individual, or the estate of a decedent:

(A)  Who owes or is alleged to owe a duty of support;

(B)  Who is alleged but has not been adjudicated to be a parent of a child; or

(C)  Who is liable under a support order.

(xiii)  "Register" means to record or file a support order or judgment determining parentage in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically;

(xiv)  "Registering tribunal" means a tribunal in which a support order is registered;

(xv)  "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under the Uniform Interstate Family Support Act or a law or procedure substantially similar to this act;

(xvi)  "Responding tribunal" means the authorized tribunal in a responding state;

(xvii)  "Spousal support order" means a support order for a spouse or former spouse of the obligor;

(xviii)  "State" means a state of the United States, the District of Columbia, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.  The term includes:

(A)  An Indian tribe; and

(B)  A foreign country or political subdivision that:

(I)  Has been declared to be a foreign reciprocating country or political subdivision under federal law;

(II)  Has established a reciprocal arrangement for child support with this state as provided in W.S. 20-4-158;

(III)  Has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this act.

(xix)  "Support enforcement agency" means a public official or agency authorized to seek:

(A)  Enforcement of support orders or laws relating to the duty of support;

(B)  Establishment or modification of child support;

(C)  Determination of parentage;

(D)  Location of obligors or their assets; or

(E)  Determination of the controlling child support order.

(xx)  "Support order" means a judgment, decree, order or directive, whether temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, and other relief;

(xxi)  "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. For purposes of establishing, enforcing or modifying support orders or determining parentage in Wyoming, tribunal means only the district court;

(xxii)  "This act" means W.S. 20-4-139 through 20-4-197;

(xxiii)  "IV-D agency" means the department of family services;

(xxiv)  "Law" includes decisional and statutory law and rules and regulations having the force of law;

(xxv)  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation or any other legal or commercial entity;

(xxvi)  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

20-4-141.  Remedies cumulative.

(a)  Remedies provided by the Uniform Interstate Family Support Act are cumulative and do not affect the availability of remedies under other law, including the recognition of a support order of a foreign country or political subdivision on the basis of comity.

(b)  This act does not:

(i)  Provide the exclusive method of establishing or enforcing a support order under the law of this state; or

(ii)  Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation under this act.

20-4-142.  Basis for jurisdiction over nonresident.

(a)  In a proceeding to establish or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(i)  The individual is personally served with notice within the state;

(ii)  The individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(iii)  The individual resided with the child in this state;

(iv)  The individual resided in this state and provided prenatal expenses or support for the child;

(v)  The child resides in this state as a result of the act or directives of the individual;

(vi)  The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;

(vii)  The individual asserted parentage in this state pursuant to W.S. 14-2-401 through 14-2-907;

(viii)  There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

(b)  The bases of personal jurisdiction set forth in subsection (a) of this section or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of W.S. 20-4-183 or 20-4-197 are met.

20-4-143.  Procedure when exercising jurisdiction over nonresident.

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this act or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by W.S. 20-4-146, 20-4-147 and 20-4-196.

20-4-144.  Initiating and responding tribunal of this state.

Under the Uniform Interstate Family Support Act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.

20-4-145.  Simultaneous proceedings.

(a)  A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state only if:

(i)  The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;

(ii)  The contesting party timely challenges the exercise of jurisdiction in the other state; and

(iii)  If relevant, this state is the home state of the child.

(b)  A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:

(i)  The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(ii)  The contesting party timely challenges the exercise of jurisdiction in this state;

(iii)  If relevant, the other state is the home state of the child.

20-4-146.  Continuing exclusive jurisdiction.

(a)  A tribunal of this state that has issued a child support order consistent with the law of this state has, and shall exercise, continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:

(i)  At the time of filing of a request for modification, this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or

(ii)  Even if this state is not the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

(b)  A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:

(i)  All the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one (1) of the parties, who is an individual or that is located in the state of residence of the child, may modify the order and assume continuing, exclusive jurisdiction; or

(ii)  Its order is not the controlling order.

(c)  Repealed By Laws 2005, ch. 103, 3.

(d)  If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

(e)  A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

(f)  Repealed By Laws 2005, ch. 103, 3.

(g)  A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal of another state to modify a support order issued in that state.

20-4-147.  Continuing jurisdiction to enforce a child support order.

(a)  A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

(i)  The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or

(ii)  A money judgment for arrearages of support and interest on the order accrued before a determination that an order of another state is the controlling order.

(b)  A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

(c)  Repealed By Laws 2005, ch. 103, 3.

20-4-148.  Determination of controlling child support orders.

(a)  If a proceeding is brought under this act and only one (1) tribunal has issued a child support order, the order of that tribunal controls and shall be so recognized.

(i)  Repealed By Laws 1998, ch. 97, 3.

(ii)  Repealed By Laws 1998, ch. 97, 3.

(iii)  Repealed By Laws 1998, ch. 97, 3.

(iv)  Repealed By Laws 1998, ch. 97, 3.

(b)  If a proceeding is brought under this act, and two (2) or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls:

(i)  If only one (1) of the tribunals would have continuing, exclusive jurisdiction under this act, the order of that tribunal controls and shall be so recognized;

(ii)  If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this act:

(A)  An order issued by a tribunal in the current home state of the child controls; but

(B)  If an order has not been issued in the current home state of the child, the order most recently issued controls.

(iii)  If none of the tribunals would have continuing, exclusive jurisdiction under this act, the tribunal of this state  shall issue a child support order, which controls.

(c)  If two (2) or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (b) of this section. This request may be filed with a registration for enforcement or registration for modification pursuant to W.S. 20-4-173 through 20-4-184, 20-4-193, 20-4-194 and 20-4-197, or may be filed as a separate proceeding.

(d)  The tribunal that issued the controlling order under subsection (a), (b) or (c) of this section has continuing jurisdiction to the extent provided in W.S. 20-4-146 or 20-4-147.

(e)  A tribunal of this state that determines by order which is the controlling order under paragraph (b)(i) or (ii) or subsection (c) of this section or that issues a new controlling order under paragraph (b)(iii) of this section shall state in that order:

(i)  The basis upon which the tribunal made its determination;

(ii)  The amount of prospective support, if any; and

(iii)  The total amount of consolidated arrearages and accrued interest, if any, under all of the orders after all payments made are credited as provided by W.S. 20-4-150.

(f)  Within thirty (30) days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of the order in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(g)  A request to determine which is the controlling order shall be accompanied by a copy of every child support order in effect and the applicable record of payments.  The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(h)  An order that has been determined to be the controlling order, or a judgment for consolidated arrearages of support and interest, if any, made pursuant to this section shall be recognized in proceedings under this act.

20-4-149.  Child support orders for two or more obligees.

In responding to registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one (1) of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state.

20-4-150.  Credit for payments.

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this or another state.

20-4-151.  Proceedings under the Uniform Interstate Family Support Act.

(a)  Except as otherwise provided in this act, W.S. 20-4-151 through 20-4-169 apply to all proceedings under the Uniform Interstate Family Support Act.

(b)  Repealed By Laws 2005, ch. 103, 3.

(c)  An individual petitioner or a support enforcement agency may initiate a proceeding authorized under the act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.

20-4-152.  Proceeding by minor parent.

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of, or for the benefit of, the minor's child.

20-4-153.  Application of law of this state.

(a)  Except as otherwise provided in this act, a responding tribunal of this state shall:

(i)  Apply the procedural and substantive law generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and

(ii)  Determine the duty of support and the amount payable in accordance with the presumptive child support established under W.S. 20-2-304.

20-4-154.  Duties of initiating tribunal.

(a)  Upon the filing of a petition authorized by this act, an initiating tribunal of this state shall forward the petition and its accompanying documents:

(i)  To the responding tribunal or appropriate support enforcement agency in the responding state; or

(ii)  If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

(b)  If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state.  If the responding state is a foreign country or political subdivision, upon request the tribunal shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding state.

20-4-155.  Duties and power of responding tribunal.

(a)  When a responding tribunal of this state receives a petition or comparable pleading from initiating tribunal or directly pursuant to W.S. 20-4-151(c), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

(b)  A responding tribunal of this state, to the extent not prohibited by other law, may do one (1) or more of the following:

(i)  Issue or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage;

(ii)  Order an obligor to comply with a support order, specifying the amount and manner of compliance;

(iii)  Order income withholding;

(iv)  Determine the amount of any arrearages, and specify a method of payment;

(v)  Enforce orders by civil or criminal contempt, or both;

(vi)  Set aside property for satisfaction of the support order;

(vii)  Place liens and order execution on the obligor's property;

(viii)  Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at the place of employment;

(ix)  Issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the warrant in any local and state computer system for criminal warrants;

(x)  Order the obligor to seek appropriate employment by specified methods;

(xi)  Award reasonable attorney's fees and other fees and court costs;

(xii)  Repealed By Laws 1998, ch. 97, 3.

(xiii)  Grant any other available remedy.

(c)  A responding tribunal of this state shall include in a support order issued under the Uniform Interstate Family Support Act, or in the documents accompanying the order, the calculations on which the support order is based.

(d)  A responding tribunal of this state may not condition the payment of a support order issued under this act upon compliance by a party with provisions for visitation.

(e)  If a responding tribunal of this state issues an order under this act, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.

(f)  If requested to enforce a support order, arrearages or judgment, or modify a support order stated in a foreign currency, a tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

20-4-156.  Inappropriate tribunal.

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying document to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.

20-4-157.  Duties of support enforcement agency.

(a)  A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this act.

(b)  A support enforcement agency of this state that is providing services to the petitioner  shall:

(i)  Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;

(ii)  Request an appropriate tribunal to set a date, time and place for a hearing;

(iii)  Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;

(iv)  Within five (5) days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;

(v)  Within  five (5) days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

(vi)  Notify the petitioner if jurisdiction over the respondent cannot be obtained.

(c)  This act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.

(d)  A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:

(i)  To ensure that the order to be registered is the controlling order; or

(ii)  If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for a determination is made in a tribunal having jurisdiction to do so.

(e)  A support enforcement agency of this state that requests  registration and enforcement of a support order, arrearages or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

(f)  A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrearages and interest if requested to do so by a support enforcement agency of another state pursuant to W.S. 20-4-169.

20-4-158.  Duty of attorney general.

(a)  If the state attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this act or may provide those services directly to the individual.

(b)  The attorney general may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

20-4-159.  Private counsel.

An individual may employ private counsel to represent the individual in proceedings authorized by this act.

20-4-160.  Duties of state information agency.

(a)  The department of family services child support enforcement section is the state information agency under this act.

(b)  The state information agency shall:

(i)  Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(ii)  Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(iii)  Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this act received from an initiating tribunal or the state information agency of the initiating state; and

(iv)  Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employer, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and social security.

20-4-161.  Pleadings and accompanying documents.

(a)  In a proceeding under this act, a petitioner seeking to establish a support order, to determine parentage or to register and modify a support order of another state shall file a petition.  Unless otherwise ordered under W.S. 20-4-162, the petition or accompanying document shall provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined.  Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The petition or accompanying documents may include any other information that may assist in locating or identifying the respondent.

(b)  The petition shall specify the relief sought.  The petition and accompanying documents shall conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.

20-4-162.  Nondisclosure of information in exceptional circumstances.

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information shall be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

20-4-163.  Costs and fees.

(a)  The petitioner may not be required to pay a filing fee or other cost.

(b)  If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses.  The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law.  Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name.  Payment of support owed to the obligee has priority over fees, costs and expenses.

(c)  The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay.  In a proceeding under W.S. 20-4-173 through 20-4-184, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

20-4-164.  Limited immunity of petitioner.

(a)  Participation by a petitioner in a proceeding under this act before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

(b)  A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this act.

(c)  The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this act committed by a party while present in this state to participate in the proceeding.

20-4-165.  Nonparentage as defense.

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this act.

20-4-166.  Special rules of evidence and procedure.

(a)  The physical presence of a nonresident party who is an individual in a  tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage.

(b)  An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury or false swearing by a party or witness residing in another state.

(c)  A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal.  The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.

(d)  Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

(e)  Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier, or other means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f)  In a proceeding under this act, a tribunal of this state shall permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state.  A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

(g)  If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

(h)  A privilege against disclosure of communications between spouses does not apply in a proceeding under the act.

(j)  The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this act.

(k)  A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

20-4-167.  Communications between tribunals.

A tribunal of this state may communicate with a tribunal of another state or foreign country or political subdivision in a record, or by telephone or other means, to obtain information concerning the laws, the legal affect of a judgment, decree or order of that tribunal, and the status of a proceeding in the other state or foreign country or political subdivision.  A tribunal of this state may furnish similar information by similar means to a tribunal of another state or foreign country or political subdivision.

20-4-168.  Assistance with discovery.

(a)  A tribunal of this state may:

(i)  Request a tribunal of another state to assist in obtaining discovery; and

(ii)  Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.

20-4-169.  Receipt and disbursement of payments.

(a)  A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order.  The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

(b)  If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, a tribunal of this state shall:

(i)  Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and

(ii)  Issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.

(c)  The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) of this section shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

20-4-170.  Petition to establish support order.

(a)  If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state may issue a support order if:

(i)  The individual seeking the order resides in another state; or

(ii)  The support enforcement agency seeking the order is located in another state.

(b)  The tribunal may issue a temporary child support order if the tribunal determines that the order is appropriate and the individual ordered to pay is:

(i)  A presumed father of the child;

(ii)  Petitioning to have his paternity adjudicated;

(iii)  Identified as the father of the child through genetic testing;

(iv)  An alleged father who has declined to submit to genetic testing;

(v)  Shown by clear and convincing evidence to be the father of the child;

(vi)  An acknowledged father as provided by W.S. 14-2-601 et seq.;

(vii)  The mother of the child; or

(viii)  An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c)  Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to W.S. 20-4-155.

20-4-171.  Employer's receipt of income withholding order of another state; employer's compliance with income withholding order of another state; compliance with multiple income withholding orders.

(a)  An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency to the person defined as the obligor's employer under W.S. 20-6-201 through 20-6-222 without first filing a petition or comparable pleading or registering the order with a tribunal of this state.

(i)  Repealed By Laws 1998, ch. 97, 3.

(ii)  Repealed By Laws 1998, ch. 97, 3.

(iii)  Repealed By Laws 1998, ch. 97, 3.

(b)  Repealed By Laws 1998, ch. 97, 3.

(c)  Upon receipt of an income withholding order, the obligor s employer shall immediately provide a copy of the order to the obligor.

(d)  The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.

(e)  Except as otherwise provided in subsections (f) and (g) of this section, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:

(i)  The duration and amount of periodic payments of current child support, stated as a sum certain;

(ii)  The person designated to receive payments and the address to which the payments are to be forwarded;

(iii)  Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor s employment;

(iv)  The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee s attorney, stated as sums certain; and

(v)  The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.

(f)  An employer shall comply with the law of the state of the obligor s principal place of employment for withholding from income with respect to:

(i)  The employer s fee for processing an income withholding order;

(ii)  The maximum amount permitted to be withheld from the obligor s income; and

(iii)  The times within which the employer shall implement the withholding order and forward the child support payment.

(g)  If an obligor's employer receives two (2) or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two (2) or more child support obligees.

20-4-172.  Administrative enforcement of orders.

(a)  A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

(b)  Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both.  If the obligor does not contest administrative enforcement, the order need not be registered.  If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to the Uniform Interstate Family Support Act.

(c)  The department of family services shall adopt rules and regulations consistent with federal requirements to implement this section.

20-4-173.  Registration of order for enforcement.

A support order or income withholding order issued by a tribunal of another state may be registered in this state for enforcement.

20-4-174.  Procedure to register order for enforcement.

(a)  A support order or an income withholding order of another state may be registered in this state by sending the following records and information to the appropriate tribunal in this state:

(i)  A letter of transmittal to the tribunal requesting registration and enforcement;

(ii)  Two (2) copies, including one (1) certified copy, of the order to be registered, including any modification of the order;

(iii)  A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

(iv)  The name of the obligor and, if known:

(A)  The obligor's address and social security number;

(B)  The name and address of the obligor's employer or other payor and any other source of income of the obligor; and

(C)  A description and the location of property of the obligor in this state not exempt from execution.

(D)  Repealed By Laws 1998, ch. 97, 3.

(v)  Except as otherwise provided in W.S. 20-4-162, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

(b)  On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one (1) copy of the documents and information, regardless of their form.

(c)  A petition or comparable pleading seeking a remedy that shall be affirmatively sought under other law of this state may be filed at the same time as the request for registration, or later. The pleading shall specify the grounds for the remedy sought.

(d)  If two (2) or more orders are in effect, the person requesting registration shall:

(i)  Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

(ii)  Specify the order alleged to be the controlling order, if any; and

(iii)  Specify the amount of consolidated arrearages, if any.

(e)  A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

20-4-175.  Effect of registration for enforcement.

(a)  A support order or income withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.

(b)  A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c)  Except as otherwise provided in W.S. 20-4-173 through 20-4-184, a tribunal of this state shall recognize and enforce, but shall not modify, a registered order if the issuing tribunal had jurisdiction.

20-4-176.  Choice of law.

(a)  Except as otherwise provided in subsection (d) of this section, the law of the issuing state governs:

(i)  The nature, extent, amount and duration of current payments under a registered support order;

(ii)  The computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(iii)  The existence and satisfaction of other obligations under the support order.

(b)  In a proceeding for arrearages under a registered support order, the statute of limitation of this state or of the issuing state, whichever is longer, applies.

(c)  A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state registered in this state.

(d)  After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.

20-4-177.  Notice of registration of order.

(a)  When a support order or income withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party.  The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b)  A notice shall inform the nonregistering party:

(i)  That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(ii)  That a hearing to contest the validity or enforcement of the registered order shall be requested within twenty (20) days after the date of mailing or personal service of the notice;

(iii)  That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and

(iv)  Of the amount of any alleged arrearages.

(c)  If the registering party asserts that two (2) or more orders are in effect, a notice shall also:

(i)  Identify the two (2) or more orders and the order alleged by the registering person to be the controlling order and the consolidated arrearages, if any;

(ii)  Notify the nonregistering party of the right to a determination of which is the controlling order;

(iii)  State that the procedures provided in subsection (b) of this section apply to the determination of which is the controlling order; and

(iv)  State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(d)  Upon registration of an income withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to W.S. 20-6-201 through 20-6-222.

20-4-178.  Procedure to contest validity or enforcement of registered order.

(a)  A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within twenty (20) days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to W.S. 20-4-179.

(b)  If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.

(c)  If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.

20-4-179.  Contest of registration or enforcement.

(a)  A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses:

(i)  The issuing tribunal lacked personal jurisdiction over the contesting party;

(ii)  The order was obtained by fraud;

(iii)  The order has been vacated, suspended or modified by a later order;

(iv)  The issuing tribunal has stayed the order pending appeal;

(v)  There is a defense under the law of this state to the remedy sought;

(vi)  Full or partial payment has been made;

(vii)  The statute of limitations under W.S. 20-4-176 precludes enforcement of some or all of the arrearages; or

(viii)  The alleged controlling order is not the controlling order.

(b)  If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders.  An uncontested portion of the registered order may be enforced by all remedies available under the laws of this state.

(c)  If the contesting party does not establish a defense under subsection (a) of this section, the registering tribunal shall issue an order confirming the order.

20-4-180.  Confirmed order.

Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

20-4-181.  Procedure to register child support order of another state for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in W.S. 20-4-173 through 20-4-176 if the order has not been registered.  A petition for modification may be filed at the same time as a request for registration, or later.  The pleading shall specify the grounds for modification.

20-4-182.  Effect of registration for modification.

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of W.S. 20-4-183, 20-4-193 or 20-4-197 have been met.

20-4-183.  Modification of child support order of another state.

(a)  If W.S. 20-4-193 does not apply, except as otherwise provided in W.S. 20-4-197, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(i)  Repealed By Laws 2005, ch. 103, 3.

(ii)  The following requirements are met:

(A)  Neither the child, the  obligee who is an individual nor the obligor resides in the issuing state;

(B)  A petitioner who is a nonresident of this state seeks modification; and

(C)  The respondent is subject to the personal jurisdiction of the tribunal of this state.

(iii)  This state is the state of residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.

(b)  Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

(c)  Except as otherwise provided in W.S. 20-4-197, a tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state.  If two (2) or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be so recognized under W.S. 20-4-148 establishes the aspects of the support order which are nonmodifiable.

(d)  In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support.  The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.

(e)  On issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal having continuing, exclusive jurisdiction.

20-4-184.  Recognition of order modified in another state.

(a)  If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this state:

(i)  May enforce its order that was modified only as to arrearages and interest accruing before the modification;

(ii)  Repealed By Laws 2005, ch. 103, 3,

(iii)  May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and

(iv)  Shall recognize the modifying order of the  other state, upon registration, for the purpose of enforcement.

20-4-185.  Proceeding to determine parentage.

(a)  A court of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage brought under the Uniform Interstate Family Support Act or a law or procedure substantially similar to this act.

(b)  Repealed By Laws 2005, ch. 103, 3.

20-4-186.  Grounds for rendition.

(a)  For purposes of W.S. 20-4-186 and 20-4-187, "governor" includes an individual performing the functions of the governor or the executive authority of a state covered by the Uniform Interstate Family Support Act.

(b)  The governor of this state may:

(i)  Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or

(ii)  On the demand of the governor of another state surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c)  A provision for extradition of individuals not inconsistent with this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.

20-4-187.  Conditions of rendition.

(a)  Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the obligee had initiated proceedings for support pursuant to the Interstate Family Support Act or that the proceeding would be of no avail.

(b)  If, under the Uniform Interstate Family Support Act or a law substantially similar to this act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective.  If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c)  If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand.  If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

20-4-188.  Uniformity of application and construction.

In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

20-4-189.  Pending action or proceeding under Revised Uniform Reciprocal Enforcement of Support Act; law applicable.

Any action or proceeding under the Uniform Reciprocal Enforcement of Support Act pending on July 1, 1995, shall continue under the provisions of such act until the court rules on any pending action or proceeding.

20-4-190.  Immunity from civil liability.

An employer who complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer s withholding of child support from the obligor s income.

20-4-191.  Penalties for noncompliance.

An employer who willfully fails to comply with an income withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

20-4-192.  Contest by obligor.

(a)  An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in W.S. 20-4-173 through 20-4-197, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(b)  The obligor shall give notice of the contest to:

(i)  A support enforcement agency providing services to the obligee;

(ii)  Each employer that has directly received an income withholding order relating to the obligor; and

(iii)  The person designated to receive payments in the income withholding order or if no person is designated, to the obligee.

20-4-193.  Jurisdiction to modify child support order of another state when individual parties reside in this state.

(a)  If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state s child support order in a proceeding to register that order.

(b)  A tribunal of this state exercising jurisdiction under this section shall apply the provisions of W.S. 20-4-139 through 20-4-143, 20-4-173 through 20-4-184, 20-4-193, 20-4-194, and the procedural and substantive law of this state to the proceeding for enforcement or modification. W.S. 20-4-151 through 20-4-172, 20-4-185 through 20-4-187 and 20-4-190 through 20-4-192 do not apply.

20-4-194.  Notice to issuing tribunal of modification.

Within thirty (30) days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered.  A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises.  The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.

20-4-195.  Application of act to nonresident subject to person jurisdiction.

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this act, under other law of this state relating to a support order, or recognizing a support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state pursuant to W.S. 20-4-166, communicate with a tribunal of another state pursuant to W.S. 20-4-167, and obtain discovery through a tribunal of another state pursuant to W.S. 20-4-168. In all other respects, W.S. 20-4-151 through 20-4-185 do not apply and the tribunal shall apply the procedural and substantive law of this state.

20-4-196.  Continuing exclusive jurisdiction to modify spousal support order.

(a)  A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(b)  A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.

(c)  A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(i)  An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or

(ii)  A responding tribunal to enforce or modify its own spousal support order.

20-4-197.  Jurisdiction to modify child support order of foreign country or political subdivision.

(a)  If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child support order otherwise required of the individual pursuant to W.S. 20-4-183 has been given or whether the individual seeking modification is a resident of this state or of the foreign country or political subdivision.

(b)  An order issued pursuant to this section is the controlling order.

CHAPTER 5 - CHILD CUSTODY

ARTICLE 1 - [UNIFORM CHILD CUSTODY JURISDICTION ACT]

20-5-101.  Repealed By Laws 2005, ch. 11, 3.

20-5-102.  Repealed By Laws 2005, ch. 11, 3.

20-5-103.  Repealed By Laws 2005, ch. 11, 3.

20-5-104.  Repealed By Laws 2005, ch. 11, 3.

20-5-105.  Repealed By Laws 2005, ch. 11, 3.

20-5-106.  Repealed By Laws 2005, ch. 11, 3.

20-5-107.  Repealed By Laws 2005, ch. 11, 3.

20-5-108.  Repealed By Laws 2005, ch. 11, 3.

20-5-109.  Repealed By Laws 2005, ch. 11, 3.

20-5-110.  Repealed By Laws 2005, ch. 11, 3.

20-5-111.  Repealed By Laws 2005, ch. 11, 3.

20-5-112.  Repealed By Laws 2005, ch. 11, 3.

20-5-113.  Repealed By Laws 2005, ch. 11, 3.

20-5-114.  Repealed By Laws 2005, ch. 11, 3.

20-5-115.  Repealed By Laws 2005, ch. 11, 3.

20-5-116.  Repealed By Laws 2005, ch. 11, 3.

20-5-117.  Repealed By Laws 2005, ch. 11, 3.

20-5-118.  Repealed By Laws 2005, ch. 11, 3.

20-5-119.  Repealed By Laws 2005, ch. 11, 3.

20-5-120.  Repealed By Laws 2005, ch. 11, 3.

20-5-121.  Repealed By Laws 2005, ch. 11, 3.

20-5-122.  Repealed By Laws 2005, ch. 11, 3.

20-5-123.  Repealed By Laws 2005, ch. 11, 3.

20-5-124.  Repealed By Laws 2005, ch. 11, 3.

20-5-125.  Repealed By Laws 2005, ch. 11, 3.

ARTICLE 2 - GENERAL PROVISIONS

20-5-201.  Short title.

This act may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."

20-5-202.  Definitions.

(a)  As used in this act:

(i)  "Abandoned" means left without provision for reasonable and necessary care or supervision;

(ii)  "Child" means an individual who has not attained eighteen (18) years of age;

(iii)  "Child custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child, including a permanent, temporary, initial or modification order. "Child custody determination" shall not include an order relating to child support or other monetary obligation of an individual;

(iv)  "Child custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue, including a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence in which the issue may appear.  "Child custody proceeding" shall not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under article 4 of this act;

(v)  "Commencement" means the filing of the first pleading in a proceeding;

(vi)  "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination;

(vii)  "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six (6) consecutive months immediately before the commencement of a child custody proceeding or, in the case of a child less than six (6) months of age, the state in which the child lived from birth with a parent or a person acting as a parent.  A period of temporary absence of any of the persons mentioned is part of the period;

(viii)  "Initial determination" means the first child custody determination concerning a particular child;

(ix)  "Issuing court" means the court that makes a child custody determination for which enforcement is sought under this act;

(x)  "Issuing state" means the state in which a child custody determination is made;

(xi)  "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination;

(xii)  "Person" means as defined by W.S. 8-1-102(a)(vi);

(xiii)  "Person acting as a parent" means a person, other than a parent, who:

(A)  Has physical custody of the child or has had physical custody for a period of six (6) consecutive months, including any temporary absence, within one (1) year immediately before the commencement of a child custody proceeding; and

(B)  Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.

(xiv)  "Physical custody" means the physical care and supervision of a child;

(xv)  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States;

(xvi)  "Tribe" means an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state;

(xvii)  "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child;

(xviii)  "This act" means W.S. 20-5-201 through 20-5-502.

20-5-203.  Proceedings governed by other law.

This act shall not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

20-5-204.  Application to tribes.

(a)  A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., shall not be subject to this act to the extent that it is governed by the Indian Child Welfare Act.

(b)  A court of this state shall treat a tribe as if the tribe were a state of the United States for the purpose of applying articles 2 and 3 of this act. 

(c)  A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act shall be recognized and enforced under article 4 of this act.

20-5-205.  International application.

(a)  A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying articles 2 and 3 of this act.

(b)  Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act shall be recognized and enforced under article 4 of this act.

(c)  A court of this state may not apply this act if the child custody law of a foreign country violates fundamental principles of human rights.

20-5-206.  Effect of child custody determination.

A child custody determination made by a court of this state that had jurisdiction under this act shall bind all persons who have been served in accordance with the laws of this state or notified in accordance with W.S. 20-5-208 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard.  As to those persons, the determination shall be conclusive as to all decided issues of law and fact except to the extent the determination is modified.

20-5-207.  Priority.

If a question of existence or exercise of jurisdiction under this act is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.

20-5-208.  Notice to persons outside of state.

(a)  Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made.  Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.

(b)  Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.

(c)  Notice shall not be required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.

20-5-209.  Appearance and limited immunity.

(a)  A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, shall not be subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.

(b)  A person who is subject to personal jurisdiction in this state on a basis other than physical presence shall not be immune from service of process in this state.  A party present in this state who is subject to the jurisdiction of another state shall not be immune from service of process allowable under the laws of that state.

(c)  The immunity granted by subsection (a) of this section shall not extend to civil litigation based on acts unrelated to the participation in a proceeding under this act committed by an individual while present in this state.

20-5-210.  Communication between courts.

(a)  A court of this state may communicate with a court in another state concerning a proceeding arising under this act.

(b)  The court may allow the parties to participate in the communication.  If the parties are not able to participate in the communication, the parties shall be given the opportunity to present facts and legal arguments before a decision on jurisdiction may be made.

(c)  Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties.  A record need not be made of the communication made pursuant to this subsection.

(d)  Except as provided in subsection (c) of this section, a record shall be made of a communication under this section.  The parties shall be informed promptly of the communication and granted access to the record.

(e)  For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

20-5-211.  Taking testimony in another state.

(a)  In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in the other state.  The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony shall be taken.

(b)  A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state.  A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.

(c)  Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.

20-5-212.  Cooperation between courts; preservation of record.

(a)  A court of this state may request the appropriate court of another state to:

(i)  Hold an evidentiary hearing;

(ii)  Order a person to produce or give evidence pursuant to procedures of that state;

(iii)  Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(iv)  Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and

(v)  Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(b)  Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.

(c)  Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this state.

(d)  A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding until the child attains eighteen (18) years of age.  Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.

ARTICLE 3 - JURISDICTION

20-5-301.  Initial child custody jurisdiction.

(a)  Except as otherwise provided in W.S. 20-5-304, a court of this state has jurisdiction to make an initial child custody determination only if:

(i)  This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;

(ii)  A court of another state does not have jurisdiction under a provision of law from that state that is in substantial conformity with paragraph (i) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under a provision of law from that state that is in substantial conformity with W.S. 20-5-307 or 20-5-308, and:

(A)  The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and

(B)  Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships.

(iii)  All courts of another state having jurisdiction under provisions of law from that state in substantial conformity with paragraph (i) or (ii) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under a provision of law from that state that is in substantial conformity with W.S. 20-5-307 or 20-5-308; or

(iv)  No court of any other state would have jurisdiction under the criteria specified in paragraph (i), (ii) or (iii) of this subsection.

(b)  Subsection (a) of this section shall be the exclusive jurisdictional basis for making a child custody determination by a court of this state.

(c)  Physical presence of, or personal jurisdiction over, a party or a child shall not be necessary or sufficient to make a child custody determination.

20-5-302.  Exclusive, continuing jurisdiction.

(a)  Except as provided in W.S. 20-5-304, a court of this state which has made a child custody determination consistent with W.S. 20-5-301 or 20-5-303 has exclusive, continuing jurisdiction over the determination until:

(i)  A court of this state determines that the child, the child's parents and any person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships; or

(ii)  A court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state.

(b)  A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under W.S. 20-5-301.

20-5-303.  Jurisdiction to modify determination.

(a)  Except as provided in W.S. 20-5-304, a court of this state may not modify a child custody determination made by a court of another state unless the court of this state has jurisdiction to make an initial determination under W.S. 20-5-301(a)(i) or (ii) and:

(i)  The court of the other state determines it no longer has exclusive, continuing jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-302 or that a court of this state would be a more convenient forum under a provision of law from that state that is in substantial conformity with W.S. 20-5-307; or

(ii)  A court of this state or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.

20-5-304.  Temporary emergency jurisdiction.

(a)  A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, the child's sibling or a parent of the child is subjected to or threatened with mistreatment or abuse.

(b)  If there is no previous child custody determination that is entitled to be enforced under this act and a child custody proceeding has not been commenced in a court of a state having jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under a provision of law in substantial conformity with W.S. 20-5-301 through 20-5-303.  If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.

(c)  If there is a previous child custody determination that is entitled to be enforced under this act, or a child custody proceeding has been commenced in a court of a state having jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303, any order issued by a court of this state under this section shall specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303.  The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(d)  A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state having jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303, shall immediately communicate with the other court.  A court of this state which is exercising jurisdiction pursuant to W.S. 20-5-301 through 20-5-303, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order.

20-5-305.  Notice; opportunity to be heard; joinder.

(a)  Before a child custody determination is made under this act, notice and an opportunity to be heard in accordance with the standards of W.S. 20-5-208 shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated and any person having physical custody of the child.

(b)  This act shall not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(c)  The obligation to join a party and the right to intervene as a party in a child custody proceeding under this act are governed by the law of this state as in child custody proceedings between residents of this state.

20-5-306.  Simultaneous proceedings.

(a)  Except as otherwise provided in W.S. 20-5-304, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under a provision of law from that state that is in substantial conformity with W.S. 20-5-307.

(b)  Except as otherwise provided in W.S. 20-5-304, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to W.S. 20-5-309.  If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this state shall stay its proceeding and communicate with the court of the other state.  If the court of the state having jurisdiction under the laws of that state in substantial conformity with this act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.

(c)  In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state.  If a proceeding to enforce a child custody determination has been commenced in another state, the court may:

(i)  Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement;

(ii)  Enjoin the parties from continuing with the proceeding for enforcement; or

(iii)  Proceed with the modification under conditions it considers appropriate.

20-5-307.  Inconvenient forum.

(a)  A court of this state which has jurisdiction under this act to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum.  The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

(b)  Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction.  For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(i)  Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(ii)  The length of time the child has resided outside this state;

(iii)  The distance between the court in this state and the court in the state that would assume jurisdiction;

(iv)  The relative financial circumstances of the parties;

(v)  Any agreement of the parties as to which state should assume jurisdiction;

(vi)  The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(vii)  The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(viii)  The familiarity of the court of each state with the facts and issues in the pending litigation.

(c)  If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d)  A court of this state may decline to exercise its jurisdiction under this act if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

20-5-308.  Jurisdiction declined by reason of conduct.

(a)  Except as otherwise provided in W.S. 20-5-304 or by other law of this state, if a court of this state has jurisdiction under this act because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:

(i)  The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;

(ii)  A court of the state otherwise having jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303 determines that this state is a more appropriate forum under a provision of law from that state that is in substantial conformity with W.S. 20-5-307; or

(iii)  No court of any other state would have jurisdiction under the criteria specified in a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303.

(b)  If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may provide an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under a provision of law from that state that is in substantial conformity with W.S. 20-5-301 through 20-5-303.

(c)  If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate.  The court may not assess fees, costs or expenses against this state unless authorized by law other than this act.

20-5-309.  Information to be submitted to the court.

(a)  Subject to a court order allowing a party to maintain confidentiality of addresses or other identifying information or other law providing for the confidentiality of procedures, addresses and other identifying information, in a child custody proceeding each party in its first pleading or in an attached affidavit shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five (5) years and the names and present addresses of the persons with whom the child has lived during that period.  The pleading or affidavit shall state whether the party:

(i)  Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child, and if so, the pleading or affidavit shall identify the court, the case number and the date of the child custody determination, if any;

(ii)  Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions, and if so, the pleading or affidavit shall identify the court, the case number and the nature of the proceeding; and

(iii)  Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child, and if so, the pleading or affidavit shall list the names and addresses of those persons.

(b)  If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c)  If the declaration as to any of the items described in paragraphs (a)(i) through (iii) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court.  The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(d)  Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e)  If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.

20-5-310.  Appearance of parties and child.

(a)  In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child.  The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.

(b)  If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to W.S. 20-5-208 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.

(c)  The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.

(d)  If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.

ARTICLE 4 - ENFORCEMENT

20-5-401.  Definitions.

(a)  As used in this article:

(i)  "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination;

(ii)  "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.

20-5-402.  Enforcement under the Hague Convention.

Under this article, a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.

20-5-403.  Duty to enforce.

(a)  A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this act or the determination was made under factual circumstances meeting the jurisdictional standards of this act and the determination has not been modified in accordance with this act.

(b)  A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state.  The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.

20-5-404.  Temporary visitation.

(a)  A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:

(i)  A visitation schedule made by a court of another state; or

(ii)  The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.

(b)  If a court of this state makes an order under paragraph (a)(ii) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in article 3 of this act.  The order remains in effect until an order is obtained from the other court or the period expires.

20-5-405.  Registration of child custody determination.

(a)  A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state:

(i)  A letter or other document requesting registration;

(ii)  Two (2) copies, including one (1) certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(iii)  Except as otherwise provided in W.S. 20-5-309, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered.

(b)  On receipt of the documents required by subsection (a) of this section, the registering court shall:

(i)  Cause the determination to be filed as a foreign judgment, together with one (1) copy of any accompanying documents and information, regardless of their form; and

(ii)  Serve notice upon the persons named pursuant to paragraph (a)(iii) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(c)  The notice required by paragraph (b)(ii) of this section shall state that:

(i)  A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

(ii)  A hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and

(iii)  Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(d)  A person seeking to contest the validity of a registered order shall request a hearing within twenty (20) days after service of the notice.  At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:

(i)  The issuing court did not have jurisdiction under a provision of law from that state that is in substantial conformity with article 3 of this act;

(ii)  The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under a provision of law from that state that is in substantial conformity with article 3 of this act; or

(iii)  The person contesting registration was entitled to notice, but notice was not given in accordance with standards under a provision of law from that state in substantial conformity with W.S. 20-5-208, in the proceedings before the court that issued the order for which registration is sought.

(e)  If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served shall be notified of the confirmation.

(f)  Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

20-5-406.  Enforcement of registered determination.

(a)  A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.

(b)  A court of this state shall recognize and enforce, but shall not modify except in accordance with article 3 of this act, a registered child custody determination of a court of another state.

20-5-407.  Simultaneous proceedings.

If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under a provision of law from that state that is in substantial conformity with article 3 of this act, the enforcing court shall immediately communicate with the modifying court.  The proceeding for enforcement shall continue unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.

20-5-408.  Expedited enforcement of child custody determination.

(a)  A petition under this article in which the petitioner is seeking expedited enforcement shall be verified.  Certified copies of all orders sought to be enforced and of any order confirming registration shall be attached to the petition.  A copy of a certified copy of an order may be attached instead of the original.

(b)  A petition for enforcement of a child custody determination shall state:

(i)  Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;

(ii)  Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision is enforceable under this act and, if so, the identity of the court, the case number and the nature of the proceeding;

(iii)  Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, the identity of the court, the case number and the nature of the proceeding;

(iv)  The present physical address of the child and the respondent, if known;

(v)  Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and

(vi)  If the child custody determination has been registered and confirmed under W.S. 20-5-405, the date and place of registration.

(c)  Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child.  The hearing shall be held on the next judicial day after service of the order unless that date is impossible.  In the event that the next judicial day after service of the order is impossible, the court shall hold the hearing on the first judicial day possible.  The court may extend the date of hearing at the request of the petitioner.

(d)  An order issued under subsection (c) of this section shall state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and the payment of fees, costs and expenses under W.S. 20-5-412, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes either that:

(i)  The child custody determination has not been registered and confirmed under W.S. 20-5-405 and that:

(A)  The issuing court did not have jurisdiction under a provision of law from that state that is in substantial conformity with article 3 of this act;

(B)  The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under a provision of law from that state that is in substantial conformity with article 3 of this act; or

(C)  The respondent was entitled to notice, but notice was not given in accordance with the standards under a provision of law from that state that is in substantial conformity with W.S. 20-5-208, in the proceedings before the court that issued the order for which enforcement is sought.

(ii)  The child custody determination for which enforcement is sought was registered and confirmed under a provision of law from that state that is in substantial conformity with W.S. 20-5-404, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under a provision of law from that state that is in substantial conformity with article 3 of this act.

20-5-409.  Service of petition and order.

Except as provided in W.S. 20-5-411, the petition and order shall be served by any method authorized by the law of this state upon the respondent and any person who has physical custody of the child.

20-5-410.  Hearing and order.

(a)  Unless the court issues a temporary emergency order pursuant to W.S. 20-5-304, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes either that:

(i)  The child custody determination for which enforcement is sought was registered and confirmed under W.S. 20-5-405 but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article 3 of this act; or

(ii)  The child custody determination has not been registered and confirmed under W.S. 20-5-405 and that:

(A)  The issuing court did not have jurisdiction under a provision of law from that state that is in substantial conformity with article 3 of this act;

(B)  The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under a provision of law from that state that is in substantial conformity with article 3 of this act; or

(C)  The respondent was entitled to notice, but notice was not given in accordance with the standards under a provision of law from that state that is in substantial conformity with W.S. 20-5-208, in the proceedings before the court that issued the order for which enforcement is sought.

(b)  The court shall award the fees, costs and expenses authorized under W.S. 20-5-412 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.

(c)  If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.

(d)  A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.

20-5-411.  Warrant to take physical custody of a child.

(a)  Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.

(b)  If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child.  The petition shall be heard on the next judicial day after the warrant is executed unless that date is impossible.  In the event that the next judicial day after service of the order is impossible, the court shall hold the hearing on the first judicial day possible.  The application for the warrant shall include the statements required by W.S. 20-5-408(b).

(c)  A warrant to take physical custody of a child shall:

(i)  Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;

(ii)  Direct law enforcement officers to take physical custody of the child immediately; and

(iii)  Provide for the placement of the child pending final relief.

(d)  The respondent shall be served with the petition, warrant and order immediately after the child is taken into physical custody.

(e)  A warrant to take physical custody of a child is enforceable throughout this state.  If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child.  If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.

(f)  The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.

20-5-412.  Costs, fees and expenses.

(a)  The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.

(b)  The court may not assess fees, costs or expenses against a state unless authorized by law other than this act.

20-5-413.  Recognition and enforcement.

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this act which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under a provision of law from that state that is in substantial conformity with article 3 of this act.

20-5-414.  Appeals.

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases.  Unless the court enters a temporary emergency order under W.S. 20-5-304, the enforcing court may not stay an order enforcing a child custody determination pending appeal.

20-5-415.  Role of prosecutor or other appropriate public official.

(a)  In a case arising under this act or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this article or any other available civil proceeding, to locate a child, obtain the return of a child or enforce a child custody determination if there is:

(i)  An existing child custody determination;

(ii)  A request to do so from a court in a pending child custody proceeding;

(iii)  A reasonable belief that a criminal statute has been violated; or

(iv)  A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.

(b)  A prosecutor or other appropriate public official acting under this section acts on behalf of the court and may not represent any party.

20-5-416.  Role of law enforcement.

At the request of a prosecutor or other appropriate public official acting under W.S. 20-5-415, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or other appropriate public official with responsibilities under W.S. 20-5-415.

20-5-417.  Costs and expenses.

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under W.S. 20-5-415 or 20-5-416.

ARTICLE 5 - MISCELLANEOUS PROVISIONS

20-5-501.  Application and construction.

In applying and construing this act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

20-5-502.  Transitional provision.

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before the effective date of this act is governed by the law in effect at the time the motion or other request was made.

CHAPTER 6 - CHILD SUPPORT ENFORCEMENT

ARTICLE 1 - IN GENERAL

20-6-101.  Short title.

This act may be cited as the "Child Support Enforcement Act".

20-6-102.  Definitions.

(a)  As used in this act:

(i)  "Noncustodial parent" means the parent who was not awarded primary physical custody of the child by the court;

(ii)  "Department" means the department of family services;

(iii)  "Division" means the designated body to administer Title IV-D child support services within the department of family services;

(iv)  "Obligee" means a person to whom the duty of support is owed;

(v)  "Obligor" means any person owing a duty of support;

(vi)  "Title IV-D" means Title IV-D of the federal Social Security Act as amended;

(vii)  "This act" means W.S. 20-6-101 through 20-6-112;

(viii)  "Support order" means any order entered by a court or a tribal court, which provides for payment for the support of a child and may include medical support, spousal support, arrearages related costs and fees, interest and penalties, income withholding, and other relief;

(ix)  "IV-D agency" means the department of family services;

(x)  "Clerk" means, for the purpose of receipts, distribution and disbursement of child support, the clerk of district court in this state where the obligor is ordered to make payments, or where mandated by law, the state disbursement unit;

(xi)  "Licensing agency" means the state or any of its political subdivisions, any board, commission or other entity that issues licenses, certificates or permits necessary for an obligor to operate a motor vehicle, hunt, fish or practice a profession or occupation;

(xii)  "Program" means child support services provided in cooperation with the federal government pursuant to Title IV-D of the Social Security Act, as amended.

20-6-103.  Child support enforcement program; administration by child support enforcement section.

(a)  The department shall establish a program of child support enforcement services in cooperation with the federal government pursuant to Title IV-D and other applicable federal regulations, to aid in administering the requirements of the program.

(b)  The department shall designate a division within the department to administer the program in accordance with this act.

(c)  The department shall include in its annual report to the legislature information concerning the operation of the program during the preceding year. The report shall include:

(i)  The number and type of successful locations completed pursuant to W.S. 20-6-108(a);

(ii)  The total amount of support collected on behalf of obligees who are recipients of public assistance;

(iii)  The total number of child support collection cases handled by the division;

(iv)  An itemization of the costs of operating the program under this act; and

(v)  A brief description of the services provided by any contracts.

20-6-104.  Child support enforcement services generally.

(a)  The services in intrastate and interstate situations provided under the child support enforcement program subject to or by appropriate orders of the court shall include:

(i)  The establishment, enforcement and modification of an obligor's obligation to support dependent children;

(ii)  The establishment, enforcement and modification of an obligor's obligation to provide medical support in all cases and medical insurance coverage for dependent children when available at a reasonable cost;

(iii)  The location of an obligor or putative parent, obligee or child for purposes of establishing, enforcing or modifying the child support and medical support obligations and enforcing the Parental Kidnapping Prevention Act;

(iv)  The monitoring and processing of an obligor's child support payments;

(v)  Providing applications, information and intake services to all eligible persons pursuant to law or upon request;

(vi)  The location of persons, upon request of the noncustodial parent, in cases of denial or interference with court ordered visitation or in cases in which the custodial parent has removed the child from the state and failed to give notice of change of address in violation of a court order;

(vii)  When an obligor is required to provide medical insurance coverage through the employer's health plan pursuant to a court order, the notification to an employer unless the obligor contests the notification and establishes good cause why the notice should not be provided;

(viii)  The establishment of paternity for out of wedlock children pursuant to W.S. 14-2-401 et seq.

20-6-105.  Eligibility for services; fees for services.

(a)  Child support enforcement services shall be provided to:

(i)  Those recipients of aid under the personal opportunities with employment responsibilities (POWER) program who, as a condition of eligibility under federal law, are required to assign their rights to support to, and cooperate with, the department in the establishment of parentage and the establishment, enforcement and modification of support obligations; and

(ii)  Any eligible obligee or obligor without regard to income or the receipt of public assistance benefits.  Eligibility shall be subject to reasonable standards established by the department. These standards shall take into account Title IV-D and other applicable federal regulations and the earnings, income and other resources already available to support the person.

(b)  The department may charge the obligee or obligor, a reasonable application fee under paragraph (a)(ii) of this section and W.S. 20-6-108(a) and may recover the fee and all necessary and reasonable expenses of providing services from the obligor or obligee. The department may waive or defer any fee upon a showing of:

(i)  Repealed By Laws 2000, Ch. 53, 2.

(ii)  Necessity.

(c)  The department shall, to comply with federal law, collect an annual fee from the obligee for child support enforcement services provided under paragraph (a)(ii) of this section.  The department shall recover the fee from the obligee.  The court may assess the fee to the obligor in any child support order.

20-6-106.  Powers and duties of department regarding collection of support.

(a)  By signing an application for, or being a recipient of, aid under the personal opportunities with employment responsibilities (POWER) program, a support obligee assigns to the department, by operation of law, all rights that person and all other members of the household have to child and spousal support, whether accrued, present or future, and their right to medical support.

(b)  Repealed By Laws 2000, Ch. 53, 2.

(c)  The department has the power of attorney to act in the name of any recipient of public assistance in endorsing and cashing all drafts, checks, money orders or other negotiable instruments received by the department representing support payments for children on whose behalf public assistance has been previously paid.

(d)  For purposes of prosecuting any civil action under this act or other applicable state statutes relating to the enforcement of child support obligations, the department is the assignee of support rights to the extent of any public assistance provided to an obligee. No act of the obligee shall prejudice the rights of the department or the dependent child in any action or proceeding related to enforcement of child support services hereunder.

(e)  No agreement between any obligee and any obligor purporting to relieve the obligor of any duty of support or to settle past, present or future support or obligations either as settlement or prepayment will reduce or terminate any rights of the department to recover from the obligor for support provided by the department unless the department has consented to the agreement in writing or unless it has been approved by the court with notice to the department.

(f)  The department, in its own name, or on behalf of an obligee, obligor or a child may petition a court for modification of any court order establishing a support obligation.

(g)  If a court orders support to be paid by an obligor, the department shall be subrogated to the debt created by the order. This subrogation interest shall apply to all orders of support including child support orders, medical support orders, temporary spouse support orders, family maintenance and alimony orders. The subrogation shall extend to the amounts paid by the department in public assistance to or for the benefit of a dependent child and the amount of medical support provided by or through another division of the department of family services or the department of health.

(h)  The department may enforce, or, subject to the approval of the court, may compromise or settle any claim or judgment for a support obligation owed to or assigned to the department as may be in the best interest of the dependent child and the public.

(j)  The department may offer each county a cooperative agreement relating to the services to be provided by clerks of district court or child support authorities in child support enforcement cases.  The department shall enter into a cooperative agreement with the department of employment to recover sums owed under a support order from unemployment benefits awarded to an obligor.

(k)  The department may contract with private vendors for services necessary to carry out its responsibilities under Title IV-D, applicable federal regulations, this act and its rules and regulations as they relate to child support enforcement.

(m)  The department may:

(i)  Repealed By Laws 2000, Ch. 53, 2.

(ii)  Repealed By Laws 2000, Ch. 53, 2.

(iii)  Seek collection of child, medical and spousal support arrears, through the federal offset program under Title IV-D and all applicable federal regulations;

(iv)  Repealed By Laws 1997, ch. 193, 3.

(v)  Request a consumer report from a consumer reporting agency pursuant to section 604 of the Fair Credit Reporting Act, 15 U.S.C. 1681b, provided the individual named in consumer report is associated with a IV-D support case, the report received by the department is kept confidential except to the extent needed to accomplish the purposes of this paragraph and the report is needed to:

(A)  Locate the individual's whereabouts;

(B)  Establish the individual's capacity to pay child support; or

(C)  Establish, enforce or modify the appropriate level of child support payments.

(vi)  In appropriate circumstances, petition the court to order the child, mother or alleged father to submit to genetic tests to establish paternity, or, in the alternative, to require the testing on its own order;

(vii)  Issue subpoenas for information requested under paragraph (v) of this subsection and impose administrative penalties not to exceed twenty-five dollars ($25.00) for any person failing to respond;

(viii)  Require all persons, including government, private for-profit employers and not-for-profit employers and public utility companies to respond to a request by the department for information on social security number, address, employment, compensation and benefits of any individual for any individual who owes or is owed support, or against or with respect to whom a support obligation is sought, and who is employed by the person as an employee or contractor, in accordance with rules adopted by the department. Any person who fails to respond to any request for information may be sanctioned by the department by imposing administrative penalties not to exceed twenty-five dollars ($25.00). The department shall enter the employer information into the state directory of new hires within five (5) business days after receipt of the employer information. The department may issue administrative subpoenas for financial or other information needed to establish, modify or enforce a support order and impose administrative penalties not to exceed twenty-five dollars ($25.00) for any person failing to respond.  The department may administratively subpoena the customer records of public utility companies for the names and addresses of individuals who owe or are owed support, or against or with respect to whom a support obligation is sought. The department shall notify the supervisor of any employee of a governmental agency if the employee fails to respond to a request under this paragraph. Any person who, acting in good faith, provides information to the department under this paragraph shall not be liable for civil damages as a result of the information provided. The department shall deposit any penalties collected under this paragraph in the public school fund of the respective counties;

(ix)  Repealed By Laws 2000, Ch. 53, 2.

(x)  Issue an income withholding order, if an income withholding order has not previously been issued. The department shall file the order with the clerk of court who shall mail copies of the order as provided by W.S. 20-6-204(c);

(xi)  Seize assets when an arrearage exists by:

(A)  Intercepting or seizing periodic or lump sum payments from a state or local government agency, including unemployment compensation, workers' compensation and other benefits or judgments, settlements and lottery winnings;

(B)  Attaching and, pursuant to a court order, seizing assets owned solely by the obligor that are held in financial institutions or national chartered credit unions;

(C)  Attaching public and private retirement funds pursuant to state law; and

(D)  Imposing liens and, in appropriate cases, petitioning a court to force the sale of property and distribution of the proceeds.

(xii)  Repealed By Laws 2000, Ch. 53, 2.

(xiii)  In any case where there exists child support arrearages and for which payments are allowed or required, petition the district court for an increase or decrease in the required payments due on the arrearages;

(xiv)  Petition a court to void fraudulent transfers, or obtain a settlement in the best interests of a child support creditor when a prima facie case is established that the obligor has transferred income or property to avoid payment to the child support creditor;

(xv)  Appear in any judicial proceeding on behalf of the state when any obligee or obligor makes application for IV-D services, in order to establish, enforce or modify a child support order, medical support order or a spousal support order, if the spousal support issue is considered in conjunction with the child support or medical support issues, provided the department shall not be required to participate in visitation, custody, property settlement or other issues between the parties. The department shall certify that the obligee, obligor or child has applied for or is receiving Title IV-D services. Initial pleadings filed by the department or its contractors shall state that the action is being taken pursuant to this act or Title IV-D;

(xvi)  If an obligee receives child support which has been assigned to the department, recover the child support payments out of current or future child support payments due to the obligee which are unassigned until the assigned sums have been fully paid;

(xvii)  Allocate and distribute child, medical and spousal support whether accrued, present or future pursuant to regulations.

(n)  The department shall adopt reasonable rules and regulations to carry out the provision of this act, including rules and regulations governing:

(i)  The provision of services pursuant to the program;

(ii)  The distribution of child support collected by the department;

(iii)  Due process safeguards;

(iv)  The administration of child support income;

(v)  Requirements for adequate record keeping;

(vi)  Tracking and monitoring of program statistics and support payments.

(o)  If a court, on its own motion or pursuant to a request from the department, orders an able-bodied obligor who is unemployed and otherwise unable to fulfill his court-ordered child support obligation to participate in the personal opportunities with employment responsibilities program administered by the department, the department shall permit the obligor to participate pursuant to the court order without regard to the program eligibility requirements under title 42 or the department rules and regulations promulgated thereunder.

(p)  Repealed By Laws 2000, Ch. 53, 2.

(q)  Repealed By Laws 2000, Ch. 53, 2.

(r)  Repealed By Laws 2000, Ch. 53, 2.

(s)  The department shall not enforce any administrative procedures contained in this act until it has implemented rules providing due process safeguards, including requirements for notice, opportunity to contest the action and an opportunity to appeal to the district court. Any obligor may recover costs and reasonable attorney fees from the department or its child support collection contractor for costs incurred in any administrative hearing or subsequent court appeal if:

(i)  It is found that the obligor did not owe an arrearage and had paid all required support to the clerk.

(ii)  Repealed By Laws 2000, Ch. 53, 2.

(t)  The department of health and the department of family services shall through rules and regulations develop procedures to allow the sharing of birth and paternity records for purposes of establishing paternity and child support obligations.

(u)  The department shall, to the extent required by federal law, have access to any information used by the state to locate an individual for purposes relating to motor vehicle laws or law enforcement and enter into agreements with financial institutions, national chartered credit unions, benefit associations, insurance companies, safe deposit companies, money market mutual funds or similar entities authorized to do business in the state as provided in W.S. 13-1-205 to develop and operate an automated data match system to obtain identifying information for each obligor who maintains an account at the institution and who owes past due child support in an amount equal to at least triple the current monthly child support obligation and to allow assets to be encumbered as provided by law.

(w)  The department shall report to any consumer reporting agency as defined in section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. 1681a(f) information regarding the amount of overdue support owed by an obligor.

(y)  The department shall, to the extent an obligor is resident in the state or owns real or personal property in the state, have a lien by operation of law against that real or personal property. After an obligor is in arrears at least triple the current monthly child support obligation, the department shall perfect and enforce a lien authorized by this section in the same manner as liens are perfected for the specific type of real or personal property upon which the lien is claimed. In the event there are competing liens or encumbrances on any property upon which a lien is attached pursuant to this section, the priority of the competing liens or encumbrances shall date from the date of filing or perfection. The state of Wyoming shall accord full faith and credit to a lien arising in another state as a result of child support arrearages when the other state or an agency thereof seeks to enforce such lien, provided the lien was properly filed and recorded under the laws of the state in which the lien was created.

(z)  Repealed By Laws 2000, Ch. 53, 2.

20-6-107.  Payment of support money collected to department.

(a)  Except as provided in subsection (b) of this section the obligor shall make all support payments to the department upon receipt of written notice that the children for whom the support obligation exists are receiving public assistance.

(b)  If an obligor is ordered by the court to make payments to the clerk of court, the clerk shall forward all payments received from the obligor to the department.

20-6-108.  State parent locator service.

(a)  The department shall act as a state parent locator service to assist in:

(i)  The location of parents who have abandoned their children or failed to provide for their support;

(ii)  The location of persons, upon the request of law enforcement agencies, in cases of parental kidnapping or child custody violations under the Uniform Child Custody Jurisdiction and Enforcement Act; and

(iii)  The location of persons, upon request of the noncustodial parent, in cases of denial or interference with court ordered visitation or in cases in which the custodial parent has removed the child from the state and failed to give notice of change of address in violation of a court order.

(b)  The department may request from state, county and local agencies all information and assistance necessary to carry out the purposes of this section. All state, county and city agencies, officers and employees shall cooperate in the location of parents who have violated custody or visitation orders or abandoned, deserted or failed to support their children and shall supply the department with all information available relative to the location, income and property of the parents.

(c)  Any records provided, created or established under this section are available only for purposes of this act.

(d)  The department shall comply with 42 U.S.C. 653 with respect to the establishment, purpose and implementation of the federal parent locator service.

(e)  The state shall establish and maintain in the federal and state parent locator service, an automated case registry, which shall contain abstracts of support orders and other information as defined in 42 U.S.C. 653.

(f)  The state case registry shall contain the names and social security numbers of the children. The state case registry of child support orders shall include abstracts of support orders, names, social security numbers or other uniform identification numbers and state identification numbers of individuals who owe support, in addition to the names and social security numbers of children of such persons.

20-6-109.  Cooperation with other states.

(a)  When required to qualify for federal funds under Title IV-D, the department shall assist other states in locating parents under the terms and conditions of this act.

(b)  Repealed By Laws 2000, Ch. 53, 2.

20-6-110. Repealed by Laws 1985, ch. 109, 3; 1986, ch. 18, 1.

20-6-111.  Driver's license suspension; nonpayment of child support; administrative hearings.

(a)  When an obligor is in arrears in a court ordered child support obligation, the department or court may:

(i)  Determine whether the obligor has a driver's license, as defined in W.S. 31-7-102(a)(xxv), that is subject to withholding, suspension or restriction; and

(ii)  Obtain a court ordered withholding, suspension or restriction of the license unless the obligor pays the entire arrearage or enters into a payment plan approved by the department.

(b)  The court, on motion of the department or on its own motion, may direct the department of transportation to withhold, suspend or restrict the license and the department or the court shall send certified copies of the court order to the obligor, at the obligor's last known address, and to the department of transportation instructing that the department of transportation notify the obligor of the license withholding, suspension or restriction in accordance with the licensing procedures, and that the withholding, suspension or restriction shall remain in effect until the department of transportation is notified by the department or the court that the obligor is in compliance with the court order or has entered into a payment plan approved by the department.

(c)  If at any time an obligor has complied with the terms of the court order, or has entered into a payment plan approved by the department, the court or the department, whichever has caused notice to be initially provided, shall immediately notify the department of transportation that the withholding, suspension or restriction may be lifted and the license may be reinstated if the obligor is otherwise eligible for reinstatement.

(d)  Nothing in this section shall prohibit subsequent orders and notices for subsequent arrearages if the obligor is again subject to the provisions of this section.

(e)  The department shall adopt rules and regulations to ensure notice is provided in an immediate and timely manner to the department of transportation that an obligor is in satisfactory compliance with the court order under this section. Upon receipt of the notice, the department of transportation shall immediately reinstate the license unless the license was suspended or revoked for other reasons. The department of transportation shall adopt reasonable rules and regulations to ensure the license is immediately reinstated upon receipt of the notice.

(f)  The department may determine that a driver's license suspension may be better achieved through an administrative suspension if the obligor owes more than five thousand dollars ($5,000.00) in unpaid child support and the obligor has not made a child support payment either voluntarily or through income withholding for a period of at least ninety (90) consecutive days prior to the determination.  The department shall notify the obligor by certified mail, with return receipt requested, or by personal service if notification by certified mail was unsuccessful, that the obligor is in arrears in a child support obligation and that the obligor's driver's license as defined in W.S. 31-7-102(a)(xxv) shall be suspended by the department of transportation sixty (60) days after the date the obligor receives the notice unless the obligor:

(i)  Pays the entire arrearage owed;

(ii)  Enters into a payment plan approved by the department; or

(iii)  Is in full compliance with a court ordered payment plan.

(g)  Repealed By Laws 2009, Ch. 155, 2.

(h)  Any suspension arising under subsection (f) of this section may be appealed to the district court. The person whose license or driving privilege is affected may file a request for a hearing in the district court in the county where the child support order was issued.  The person shall have sixty (60) days from the date of service of the notice of intent to suspend in which to file the request for hearing.  A timely request for hearing shall stay imposition of any suspension under subsection (f) of this section.  The district court shall immediately set the matter for determination.

(j)  Before the license or driving privilege of any person is to be withheld, suspended or restricted under this article, the department shall advise the licensee in the notice required under subsection (f) of this section of his right to appeal to district court for any dispute involving:

(i)  Repealed By Laws 2009, Ch. 155, 2.

(ii)  Repealed By Laws 2009, Ch. 155, 2.

(iii)  Repealed By Laws 2009, Ch. 155, 2.

(iv)  The amount of current child support owed or arrearage;

(v)  The identity of the alleged obligor named in the notice of suspension;

(vi)  The willfulness of any action or inaction of the obligor that contributed to the nonpayment of child support. As used in this paragraph, "willfulness" means without justifiable excuse.

(k)  Repealed By Laws 2009, Ch. 155, 2.

(m)  Repealed By Laws 2009, Ch. 155, 2.

(n)  The discretion to modify any order of suspension under this section to allow driving privileges is limited as follows:

(i)  A person whose driving privileges have been suspended for nonpayment of child support may be granted limited driving privileges by the district court or the department of transportation for a period not to exceed one hundred twenty (120) days;

(ii)  A person granted limited driving privileges under this subsection by the district court or the department of transportation shall not be granted an extension of such privileges for twelve (12) months after the limited driving privileges expire unless the person has subsequently made full payment on his child support obligation in arrears, or is in full compliance with a payment plan approved by the department or ordered by a court.

(iii)  Repealed By Laws 2009, Ch. 155, 2.

(o)  After the obligor has paid his child support arrearages in full or has entered into a payment plan with the department, the department shall notify the department of transportation immediately and request the department of transportation to return the driver's license of that obligor pursuant to this section.

20-6-112.  Professional, occupational or recreational license suspension; nonpayment of child support; notice and hearing.

(a)  The department may petition a court for an order to withhold, suspend or restrict any professional, occupational or hunting or fishing license, certificate or permit issued to an obligor who is in arrears in a child support obligation. The court may:

(i)  Determine whether the obligor has a professional, occupational or recreational license, certificate or permit that is subject to withholding, suspension or restriction; and

(ii)  Issue a withholding, suspension or restriction of the license, certificate or permit unless the obligor pays the entire arrearage or enters into a payment plan approved by the department.

(b)  Repealed By Laws 2000, Ch. 53, 2.

(c)   The court, on motion of the department or on its own motion, may direct a licensing, certifying or permitting agency to withhold, suspend or restrict any license, certificate or permit and the department or the court shall send certified copies of the court order to the obligor, at the obligor's last known address, and to the appropriate licensing, certifying or permitting agencies identified in the court order instructing that the licensing, certifying or permitting agency notify the obligor of the license, certificate or permit withholding, suspension or restriction in accordance with the licensing, certifying or permitting procedures, and that the withholding, suspension or restriction shall remain in effect until that agency is notified by the department or the court that the obligor is in compliance with the court order or has entered into a payment plan approved by the department.  No hearing or appeal shall be permitted under the Wyoming Administrative Procedure Act for a license, certificate or permit withheld, suspended or restricted pursuant to a court order.

(d)  If at any time an obligor has complied with the terms of the court order, or has entered into a payment plan approved by the department, the court or the department, whichever has caused notice to be initially provided, shall immediately notify the licensing, certifying or permitting agency initially notified that the withholding, suspension or restriction may be lifted and the license, certificate or permit may be reinstated if the obligor is otherwise eligible for reinstatement.

(e)  Nothing in this section shall prohibit subsequent orders and notices for subsequent arrearages if the obligor is again subject to the provisions of this section.

(f)  The department shall adopt rules and regulations to ensure notice is provided in an immediate and timely manner to any licensing, certifying or permitting agency that was sent a copy of the court order that an obligor is in satisfactory compliance with the court order under this section. Upon receipt of the notice, the licensing, certifying or permitting agency shall immediately reinstate the license, certificate or permit unless the license, certificate or permit was suspended or revoked for other reasons. The licensing, certifying or permitting agencies shall adopt reasonable rules and regulations to ensure such licenses, certificates or permits are immediately reinstated upon receipt of the notice.

ARTICLE 2 - INCOME WITHHOLDING

20-6-201.  Short title.

This act may be cited as the "Income Withholding Act".

20-6-202.  Definitions.

(a)  As used in this act:

(i)  "Arrearage" means past due child support, past due medical support, past due spousal support, attorneys fees, guardian ad litem fees, costs, interest and penalties but does not include property settlements;

(ii)  "Child" means any person with respect to whom a support order, other than an order for spousal support, exists;

(iii)  "Clerk" means, for the purpose of receipt, distribution and disbursement of child support, the clerk of the district court in this state where the income withholding order is entered, or where mandated by law, the state disbursement unit;

(iv)  "Court" means any district court in this state;

(v)  "Delinquency" means arrearage;

(vi)  "Disposable income" means income as defined under paragraph (a)(ix) of this section less personal income taxes, social security and Medicare deductions, cost of dependent health care coverage for all dependent children and mandatory pension deductions;

(vii)  "Department" means the department of family services;

(viii)  "Employer" means any person who owes income to an obligor, including but not limited to the United States government, the state of Wyoming, any unit of local government and any school district;

(ix)  "Income" means any form of payment or return in money or in kind to an individual, regardless of source. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent partial disability and permanent total disability worker's compensation payments, unemployment compensation, disability, annuity and retirement benefits and any other payments made by any payor;

(x)  "Income withholding order" means a court's or an administrative order requiring a payor to withhold income due an obligor for payment to the obligee in accordance with this act;

(xi)  "Notice to payor" means the notice provided to the employer pursuant to the income withholding order;

(xii)  "Obligee" means any person entitled to receive support under an order of support and includes the agency of this or another jurisdiction to which a person has assigned his right to support;

(xiii)  "Obligor" means a person owing a duty of support;

(xiv)  "Payor" means any employer or other person owing income to an obligor;

(xv)  "Support order" means any order entered by a court or tribunal of this or another state, or of a tribal court, which provides for payment for the support of a child and includes medical support and spousal support, but excludes property settlements;

(xvi)  Repealed By Laws 2000, Ch. 2, 2.

(xvii)  "Uniform income withholding order and notice to payor" means the federally approved uniform income withholding order and notice to payor;

(xviii)  "State disbursement unit" means the clerks of district court collectively or the single address location established pursuant to W.S. 20-6-210 (d). The state disbursement unit is the entity for receiving, distributing and disbursing child support payments;

(xix)  "This act" means W.S. 20-6-201 through 20-6-222.

20-6-203.  Notices; method of service.

All notices required by this act shall be served by certified mail return receipt requested or first class mail to the last known address of the addressee or shall be personally served as provided by the Wyoming Rules of Civil Procedure. If mailed, notice shall be deemed given when deposited in the United States mail, postage prepaid. Proof of mailing shall be sufficient proof of notice.

20-6-204.  Entry of income withholding order.

(a)  Upon entry or modification of any support order, the court shall also enter an income withholding order which shall take effect immediately, unless the parties agree otherwise, or unless one (1) of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding. When the parties agree to an alternative arrangement, the arrangement shall be in writing, signed by the parties and reviewed and entered in the record by the court. The court shall include in the record its findings of good cause, including a statement explaining why implementation of immediate income withholding would not be in the best interests of the child and, in cases involving modification of child support, proof of timely payments.

(b)  If a support order was entered by a Wyoming court before the effective date of this act and an income withholding order has not previously been entered, the court which entered the support order shall enter the income withholding order on its own motion at the time the support order is subsequently modified or at any other time upon application of the obligee, the obligor or the department. An income withholding order under this subsection shall be entered without a hearing if an arrearage occurs. An income withholding order under this subsection may also be entered by the district court of any other county in this state in which the obligor, obligee or payor resides, provided:

(i)  The petitioner files in the office of the clerk of that district court a certified copy of the support order and a sworn statement of the arrearages; and

(ii)  No other court in this state has entered an income withholding order based upon the same support order.

(c)  At the time an income withholding order is entered, the clerk shall mail a copy of the income withholding order and the support order to the last known address of the obligor and the obligee.

(d)  If a support order was entered by a Wyoming court and an income withholding order has not previously been entered, the department may issue an administrative income withholding order, subject to the applicable requirements of W.S. 20-6-101 through 20-6-112.

20-6-205.  When income withholding order becomes effective.

(a)  Except as otherwise provided by W.S. 20-6-204(a), an income withholding order which did not become effective immediately upon entry, becomes effective upon the earliest of the following:

(i)  Repealed By Laws 2000, Ch. 2, 2.

(ii)  The date the obligor requests withholding commence; or

(iii)  The date the obligor becomes delinquent in payment of an amount equal to one (1) month's support obligation under the support order.

20-6-206.  Contents of income withholding order.

(a)  The income withholding order shall:

(i)  Direct the payor to withhold and remit to the clerk income due from the payor to the obligor, as specified in the notice to payor required by W.S. 20-6-210, for the payment of current support obligations and for the liquidation of arrearages, if any;

(ii)  Order the payor to comply with all the terms of the notice to payor and all subsequent notices served upon the payor;

(iii)  State that the income withholding order is immediately effective or that the order will become effective as provided in W.S. 20-6-205(a)(ii) or (iii); and

(iv)  State the addresses, if known, and social security numbers of the obligor and the obligee.

(b)  If there is more than one (1) income withholding order in effect, and if the various orders require payment to two (2) or more payees, then the notice to payor shall provide that income withheld shall be disbursed according to the following:

(i)  Each child shall receive an amount in the proportion which the child's current support bears relative to the total of all amounts for current support under court orders; and

(ii)  Any remaining withheld income shall be distributed to each child in an amount proportional to which the arrearage for that child's support bears relative to the total of all amounts ordered to be paid on arrearage.

20-6-207.  Voluntary assignment by obligor.

(a)  An obligor may at any time voluntarily apply to the court to enter an income withholding order pursuant to W.S. 20-6-204(b) or file a verified written application with the clerk requesting that withholding commence pursuant to W.S. 20-6-205(a)(ii).

(b)  An income withholding order which becomes effective at the voluntary request of the obligor shall remain in effect until such time as:

(i)  The obligor petitions the court to suspend withholding of income upon a showing of good cause, including a showing that income withholding has not been terminated previously and subsequently reinitiated and that the parties have agreed to an alternative arrangement as specified in W.S. 20-6-204; or

(ii)  There is no longer a current order for support and all arrearages as defined in W.S. 20-6-202 have been paid.

20-6-208.  Notice to obligor.

(a)  Except where an income withholding order becomes effective immediately, the clerk shall send notice to the obligor no later than fifteen (15) days after the date when:

(i)  The obligor becomes delinquent as specified in subsection (b) of this section; or

(ii)  An application by the obligee for income withholding has been granted by the court.

(b)  When an obligor becomes delinquent in payment in an amount equal to one (1) month's obligation under the support order, the obligee or the department, to initiate income withholding, shall file with the clerk a verified notice of delinquency, a certified copy of which shall be served upon the obligor together with the form by which the obligor may petition to stay service as provided by W.S. 20-6-209.

(c)  The notice of delinquency shall state:

(i)  The terms of the support order;

(ii)  A computation of the period and total amount of arrearage as of the date of the notice;

(iii)  That the amount of income that will be withheld shall be the full amount due for current support and an additional sum toward arrearages, the total of which shall not exceed the amount authorized by W.S. 20-6-210(b)(iii);

(iv)  The effective date of the income withholding order as provided by W.S. 20-6-205;

(v)  The income withholding order will be sent to any known current and subsequent payor of the obligor unless the obligor files a petition to stay service in accordance with W.S. 20-6-209;

(vi)  That the income withholding order applies to any current or subsequent payor or period of employment;

(vii)  The procedures available for contesting the income withholding including the grounds for contest and the period within which the petition to stay service shall be filed as provided by W.S. 20-6-209; and

(viii)  That failure to contest the income withholding within the period specified in W.S. 20-6-209(a) will result in the payor being notified to begin withholding.

20-6-209.  Procedures to stay income withholding.

(a)  Within twenty (20) days from the date of service of the notice of delinquency the obligor may file with the clerk a petition to stay service of the income withholding order. The petition to stay shall include the obligor's name, social security number, address, employer and employer's address.  The obligor shall mail a copy of the petition to the obligee, or to the obligee's representative if the notice of delinquency was filed by someone other than the obligee, and to the department in all cases being enforced by the department.  The obligor shall move for a hearing on the petition within five (5) days of filing the petition or the petition shall be denied.  The income withholding order shall not be served on the payor until either a hearing has been deemed denied or until after a hearing has been held on the petition and the court has determined that the income withholding will become effective.

(b)  The grounds for the petition to stay service shall be limited to disputes concerning:

(i)  The amount of current support or arrearage; or

(ii)  The identity of the alleged obligor named in the income withholding order.

(c)  If a petition to stay service states the grounds required by subsection (b) of this section, and has been filed as provided by subsection (a) of this section, and the obligor has moved for a hearing, the court shall set the matter for hearing and notify the obligor, the obligee or the obligee's representative if the notice of delinquency was filed by someone other than the obligee of the time and place of the hearing. In all cases being enforced by the department, the department shall be given notice. The court shall hear and decide the dispute and notify the obligor of its determination within forty-five (45) days from the date the notice of delinquency was served on all parties entitled to notice.

20-6-210.  Notice to payor.

(a)  The notice to payor shall be prepared and the original notice filed with the clerk and a copy of the notice mailed or served pursuant to W.S. 20-6-203 to the payor and to the obligor by:

(i)  The court if the income withholding order became effective immediately upon entry;

(ii)  The obligor if the income withholding order becomes effective under W.S. 20-6-205(a)(ii); or

(iii)  The department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee in all other cases.

(b)  The notice to payor shall state:

(i)  An ascertainable amount to be withheld from the obligor's income to be remitted to the clerk for current support and for arrearages;

(ii)  That the payor may withhold the fee provided by W.S. 20-6-212(c);

(iii)  That the amount actually withheld for support combined with the fee authorized by W.S. 20-6-212(c) shall not exceed the maximum amount authorized by 15 U.S.C. 1673;

(A)  Repealed By Laws 2007, Ch. 169, 2.

(B)  Repealed By Laws 2007, Ch. 169, 2.

(iv)  The payor's rights and duties under W.S. 20-6-212;

(v)  That the withholding under this act has priority over any other legal process under state law against the same income;

(vi)  That the notice to payor is binding upon the payor until further notice is received as provided in accordance with W.S. 20-6-210(a);

(vii)  That the payor is subject to the sanctions of W.S. 20-6-218.

(c)  Notwithstanding any other provision of law, the uniform income withholding order and notice to payor is deemed to meet the requirements of this act.

(d)  Withholding payments may be forwarded to a single address provided by the Wyoming department of family services, in accordance with the federal Social Security Act.

20-6-211.  Service of income withholding order; amended notice to payor; notice to labor organizations; penalty.

(a)  The department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee shall prepare, file with the clerk and mail to any known current or subsequent payor and the obligor a copy of the income withholding order and the notice to payor, upon or after the occurrence of one (1) of the following:

(i)  No later than fifteen (15) days after the entry of the income withholding order if the court orders it to be effective immediately;

(ii)  If the obligor has not filed a petition to stay income withholding under W.S. 20-6-209(b), then no later than fifteen (15) days after the expiration of the time allowed for filing the petition;

(iii)  Entry of the court's order determining that the income withholding order will become effective following hearing pursuant to W.S. 20-6-209(c); or

(iv)  Voluntary assignment by the obligor pursuant to W.S. 20-6-207.

(b)  If the payor's address is not known on the dates specified in subsection (a) of this section, the notice to payor shall be sent in accordance with W.S. 20-6-210(a) no later than fifteen (15) days after determining the payor's address. At any time following service to the payor of the income withholding order and notice to payor under subsection (a) of this section, and if no support has been assigned, the department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee may prepare, file with the clerk of the court and mail to the payor and the obligor an amended notice to payor decreasing the amount to be withheld from the obligor's income. The amended notice is binding upon the payor from the date of receipt.

(c)  In addition to subsection (a) of this section and in those cases in which it is known that the obligor may be placed in employment with a payor by a labor or other private or public employment referral organization referring individuals to employment and operating within this state, the obligee or the department may prepare, file with the clerk of court and mail to the referring organization certified copies of the income withholding order and the notice to payor or an amended notice to payor pursuant to subsection (b) of this section. The obligee or the department shall send the notice to payor under this subsection within the dates specified under subsection (a) of this section. The referring organization shall at the time of placement, forward the notice to payor to each payor with which the organization places the obligor. Upon forwarding the notice to payor, a labor or other nongovernmental organization shall notify the district court that the income withholding order has been forwarded to the payor. The district court shall, at the time it sends the withholding order and the notice to payor to the referring organization, include a self-addressed, stamped return envelope for the referring organization's use for notification to the district court. Additional envelopes shall be available to the referring organization upon request. Any labor or other nongovernmental organization failing to provide notification to any payor at the time of placement as required by this subsection is liable for an amount of up to fifty dollars ($50.00) that the payor should have withheld from the obligor's income. The department of employment may be reimbursed by the department of family services for its costs incurred under this act.

20-6-212.  Duties of the payor; administrative fee.

(a)  Upon receipt of certified copies of the notice to payor and the income withholding order, the payor shall deduct and pay over income as specified in the notice.

(b)  The payor shall begin the withholding no later than the first pay period that occurs following service on the payor of the notice and income withholding order. The payor shall deduct the maximum amount required by the notice, unless otherwise ordered by the court, for each pay period. The payor is not required to vary his normal pay and disbursement cycles in order to comply with this subsection. The payor shall remit the amount withheld to the state disbursement unit within seven (7) days after the date the obligor is paid, and the remittance shall include the name and social security number of the obligor and the date the income was withheld.

(c)  In addition to the amount withheld from the obligor's income, the payor may, subject to limitations under W.S. 20-6-210(b)(iii) and 27-3-319(c), deduct and retain from the obligor's remaining income five dollars ($5.00) for each payment made pursuant to the income withholding order.

(d)  If the payor has received more than one (1) notice to payor, all withheld amounts may be combined into a single payment in which case the payor shall separately identify the amount which is to be credited to each obligor. Upon request, the clerk of court or the department may provide assistance to a payor in determining the amount to be credited to each obligor.

(e)  Within thirty (30) days after the obligor's employment terminates or the obligor ceases to receive income from the payor the payor shall give written notice thereof to the clerk.  The notice shall include the following information:

(i)  When the obligor ceased to receive income from the payor or when the obligor left his employment;

(ii)  The last known address of the obligor;

(iii)  The name and address of the obligor's new payor if known.

(f)  For a period of one (1) year from the date the obligor's employment terminates with the payor, the payor shall, upon request, disclose to the clerk or the department the following information:

(i)  Any new address for the obligor of which the payor may become aware; and

(ii)  The name and address of the obligor's new payor, if known to the payor.

(g)  In the case of worker's compensation or unemployment compensation benefits, nothing in W.S. 20-6-202(a)(i) or (xv) shall require a payor to withhold an amount for any type of support or arrearage not authorized to be withheld from those benefits by federal law or regulation.

(h)  If insurance coverage of the obligor's children is provided by or through the payor, the payor shall notify the clerk within thirty (30) days of any lapse or material change in that coverage.

(j)  The payor shall not be liable to the obligor for any payment or disclosure made as authorized by this act.

20-6-213.  Notice to clerk of changes.

(a)  After an income withholding order has become effective under this act and within fifteen (15) days of any change:

(i)  The obligee and obligor shall notify the clerk in writing of any change of address; and

(ii)  The obligor shall notify the clerk in writing of the name and address of any new payor.

(b)  The department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee shall give written notice to the clerk of the receipt of any other support payments including but not limited to, any federal offset or partial payment of any arrearage.

(c)  Within thirty (30) days after termination of the department's authorization to receive payments for the obligee, the department shall give notice in writing or by electronic data transfer to the clerk to send future payments directly to the obligee.

20-6-214.  Duties of clerk of court.

(a)  The clerk shall:

(i)  Maintain records showing receipt and disbursement of all funds received pursuant to this act;

(ii)  Promptly distribute all funds received to the appropriate person or agency;

(iii)  Promptly refund to the obligor any amounts shown to have been improperly withheld which are in the possession and control of the clerk;

(iv)  Promptly notify the obligee upon receipt of information provided to the clerk pursuant to W.S. 20-6-212(e);

(v)  Promptly notify the payor of suspension or termination of the income withholding order when:

(A)  The court has ordered a suspension or termination as provided by W.S. 20-6-216;

(B)  The clerk receives a verified written notice from the obligor or the agency of this or another jurisdiction to which an obligee has assigned his right to support that there is no longer a support obligation and all arrearages have been paid; or

(C)  The location of the obligee is unknown and the clerk has been unable to deliver payments remitted under the income withholding order for a period of ninety (90) days.

(vi)  Use forms specified by the department.

(b)  Repealed by Laws 1988, ch. 26, 2.

(c)  When there exists more than one (1) current order for support, the clerk shall distribute payments received pursuant to W.S. 20-6-206(b).

20-6-215.  Minimum and maximum amount of withholding; allocation.

(a)  Subject to the limitation under W.S. 20-6-210(b)(iii) the aggregate amount of income withheld under an income withholding order served upon one (1) or more payors of an obligor shall:

(i)  Satisfy the current support obligation under the support order;

(ii)  Include an additional amount to be applied toward the liquidation of any arrearage; and

(iii)  Include the amount actually withheld for support combined with the fee authorized by W.S. 20-6-212(c).

(b)  If the department is enforcing separate support obligations under this act against a single obligor, it shall allocate amounts withheld giving priority to current support up to the limits imposed under W.S. 20-6-210(b)(iii) using the allocation method provided in W.S. 20-6-206(b).

20-6-216.  Petitions to modify, suspend or terminate income withholding order.

(a)  At any time after an income withholding order has been served upon a payor pursuant to W.S. 20-6-211, the obligor, the obligee or the department may petition the court to:

(i)  Modify, suspend or terminate the income withholding order due to modification, suspension or termination of the support order;

(ii)  Modify the amount of income to be withheld to reflect payment in full of the arrearage by income withholding or otherwise;

(iii)  Reduce the amount of income being withheld by a payor to conform to the maximum limitations under W.S. 20-6-210(b)(iii) and to order the repayment by the obligee to the obligor of any amounts withheld in violation of W.S. 20-6-210(b)(iii);

(iv)  Suspend the income withholding order because of inability to deliver the withheld income to the obligee due to the obligee's failure to provide the clerk with a mailing address or other means of delivery for a period of ninety (90) days;

(v)  Repealed by Laws 1993, ch. 199, 2.

(vi)  Suspend the income withholding order when the suspension is consented to by:

(A)  The obligor or the department if the support rights of the obligee have been assigned to the department; or

(B)  The obligor and the person to whom the duty of support is owed. When the parties under this subparagraph agree to an alternative arrangement, the arrangement shall be in writing, signed by the parties and reviewed and entered in the record by the court.

(b)  An obligor may petition the court at any time to suspend or terminate an income withholding order upon grounds that:

(i)  The obligor did not receive a copy of a required delinquency notice as provided by W.S. 20-6-209(a); and

(ii)  Grounds exist as specified by W.S. 20-6-209(b) to contest the withholding.

(c)  An obligor may petition the court at any time to suspend the withholding of income when there is no longer a current order for support and all arrearages have been paid.

(d)  An income withholding order suspended under this section shall again become effective upon the subsequent occurrence of one (1) of the events specified by W.S. 20-6-205(a)(ii) or (iii). The income withholding order may thereafter be served upon a payor of the obligor subject to the notice and hearing requirements of this act.

(e)  The clerk shall mail to any affected payor a certified copy of any order entered under this section which affects the duties of the payor.

20-6-217.  Award of attorney fees.

Any time a hearing is held pursuant to this act, reasonable attorney's fees may be awarded to the prevailing party.

20-6-218.  Penalties.

(a)  A payor who fails to withhold income in the amount specified in the notice to payor is liable for any amount up to the accumulated amount the payor should have withheld from the obligor's income.

(b)  Payors shall pay in compliance with the instructions specified in the notice to payor and in accordance with the duties specified in W.S. 20-6-212.  No payor shall use the existence of an income withholding order authorized by this act as grounds to discharge, discipline or otherwise penalize an obligor or as grounds to refuse to employ a person. The penalties imposed under this section shall be collected from the violator, paid to the state treasurer and credited as provided in W.S. 8-1-109. Before the court imposes a civil penalty, the payor accused of a violation shall be notified, in writing, of the specific nature of the alleged violation and the time and place, at least ten (10) days from the date of the notice, when a hearing of the matter shall be held.  After hearing or upon failure of the accused to appear at the hearing, the court shall determine the amount of the civil penalty to be imposed in accordance with the limitation in this section.

(c)  Any payor who violates this section is subject to a civil penalty in an amount of not more than two hundred dollars ($200.00).

(d)  Penalties under this section shall not be imposed unless service of the notice to payor was completed by sending by certified mail return receipt requested to, or by personal service upon, the employer.

(e)  Except for a violation of subsection (b) of this section, an employer who complies in good faith with an income withholding order shall not be subject to civil liabilities.

20-6-219.  Priority of income withholding order.

An income withholding order under this act has priority over any other legal process under state law against the same income.

20-6-220.  Designation of federal administering agency.

The IV-D agency designated as the state agency to administer income withholding under this act for purposes of section 466(b)(5) and part D, title IV, section 454 of the federal Social Security Act is the child support enforcement unit of the department and, except where limited by federal law or regulation, the clerk of district court in each county.

20-6-221.  Repealed By Laws 2000, Ch. 2, 2.

20-6-222.  Remedies in addition to other laws.

The rights, remedies, duties and penalties created by this act are in addition to and not in substitution for any other rights, remedies, duties and penalties created by any other law.

ARTICLE 3 - CHILD SUPPORT GUIDELINES

20-6-301.  Amended and Renumbered as 20-2-303 By Laws 2000, Ch. 34, 2.

20-6-302.  Amended and Renumbered as 20-2-307 By Laws 2000, Ch. 34, 2.

20-6-303. Repealed by Laws 1990, ch. 60, 3.

20-6-304.  Amended and Renumbered as 20-2-304 By Laws 2000, Ch. 34, 2.

20-6-305.  Amended and Renumbered as 20-2-306 By Laws 2000, Ch. 34, 2.

20-6-306.  Amended and Renumbered as 20-2-311 By Laws 2000, Ch. 34, 2.

ARTICLE 4 - MEDICAL SUPPORT FOR CHILDREN

20-6-401.  Renumbered as 20-2-401 By Laws 2000, Ch. 34, 5.

20-6-402.  Renumbered as 20-2-402 By Laws 2000, Ch. 34, 5.

CHAPTER 7 - VISITATION RIGHTS

20-7-101.  Establishing grandparents' visitation rights.

(a)  A grandparent may bring an original action against any person having custody of the grandparent's minor grandchild to establish reasonable visitation rights to the child.  If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child's parents are not substantially impaired, the court shall grant reasonable visitation rights to the grandparent.  In any action under this section for which the court appoints a guardian ad litem, the grandparent shall be responsible for all fees and expenses associated with the appointment.

(i)  Repealed By Laws 1997, ch. 71, 2.

(ii)  Repealed By Laws 1997, ch. 71, 2.

(iii)  Repealed By Laws 1997, ch. 71, 2.

(b)  Repealed By Laws 1997, ch. 71, 2.

(c)  No action to establish visitation rights may be brought by a grandparent under subsection (a) of this section if the minor grandchild has been adopted and neither adopting parent is related by blood to the child.

(d)  In any action or proceeding in which visitation rights have been granted to a grandparent under this section, the court may for good cause upon petition of the person having custody or who is the guardian of the child, revoke or amend the visitation rights granted to the grandparent.

(e)  As used in this section:

(i)  "Grandparent" includes a great-grandparent; and

(ii)  "Grandchild" includes a great-grandchild.

20-7-102.  Establishing primary caregivers' visitation rights.

(a)  With notice or reasonable efforts to provide notice to the noncustodial parent, a person may bring an original action against any person having custody of the child to establish reasonable visitation rights to the child if the person bringing the original action has been the primary caregiver for the child for a period of not less than six (6) months within the previous eighteen (18) months. If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child's parents are not substantially impaired, the court shall grant reasonable visitation rights to the primary caregiver.  In any action under this section for which the court appoints a guardian ad litem, the person bringing the original action under this section shall be responsible for all fees and expenses associated with the appointment.

(b)  No action to establish visitation rights under subsection (a) of this section may be brought by a person related to the child by blood or by a person acting as primary caregiver for the child prior to the adoption of the minor child when neither adopting parent is related by blood to the child.

(c)  In any action or proceeding in which visitation rights have been granted to a primary caregiver under this section, the court may for good cause upon petition of the person having custody or who is the guardian of the child, revoke or amend the visitation rights granted to the primary caregiver.

Make sure to consult a lawyer or your state legislature for any changes to the law.