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Wyoming Child Support Definitions

Definition of Income.

"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;

"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.

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.

(b) Where the combined income of the custodial parent and the noncustodial parent is less than seven hundred thirty-two dollars ($732.00), 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.


Definitions.

(a) "Act" - The federal Social Security Act.

(b)"AFDC" - Aid to Families with Dependent Children Program, formerly administered by the Department pursuant to Title IV-A of the Act.

(c) "Application" - Request for IV-D services.

(d) "Arrearage" - Past due child support which includes past due medical support, spousal support and child support related attorney and guardian ad litem fees, but excluding property settlements.

(e) "Assignment" - The assignment of rights to the state for past, present, and future child support payment(s) when an individual applies and receives AFDC or POWER.

(f) "Clerk" - Clerk of the district court of the judicial district in which child support has been ordered.

(g) "Consumer reporting agency" - A person or company which regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information about consumers for the purpose of furnishing consumer reports to third parties and uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

(h) "Contested case hearing" - Any administrative hearing conducted pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-102, W.S. 9-2-2104(a)(vii), Office of Administrative Hearing Rules and DFS Contested Case Hearing Rules.

(i) "Cooperate" - Includes but is not limited to the following:

(i) appearing as necessary to provide verbal or written information or documentary evidence, known to, possessed by, or reasonably obtainable by the obligee;

(ii) appearing as a witness at judicial or other hearings or proceedings;

(iii) providing information or attesting to the lack of information;

(iv) paying to the child support agency any support payments received from the noncustodial parent that are covered by an assignment;

(v) as to Non-Public Assistance obligees, reporting any support payments received directly from the obligor or any source other than the collection point as designated in a court or administrative order for support;

(vi) helping to obtain support payments or other payments, benefits,or property due the recipient or child (e.g., filing for social security benefits for the child);

(vii) providing CSED with current address or telephone information;

(viii) providing CSED with a correct social security number;

(ix) notifying CSED if a private attorney is hired;

(x) giving CSED prior notice before entering into any agreement, waiver, stipulation, or modification that would affect the child support award or arrears; and

(xi) signing complaints and affidavits and providing testimony in court as needed.

(j) "CSED" - The Child Support Enforcement Division or other elements of the Department of Family Services; CSED is the IV-D agency for the State of Wyoming.

(k) "Custodial Parent (CP)" - A natural or adoptive parent who has legal custody of a child.

(l) "Department" - The Department of Family Services (DFS).

(m) "Disposable income" - Part of the income of any individual remaining after the deduction from total income of any amounts required by law to be withheld.

(n) "Division" - The Child Support Enforcement Division (CSED) of the Department of Family Services.

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

(p) "Fair Credit Reporting Act" - The Fair Credit Reporting Act 15 United States Code 1681.

(q) "Federal Offset Program" - The service provided by CSED in cooperation with the federal government to intercept moneys due an obligor from the federal government for payment of overdue support owed.

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

(s) "Field office" - Refers to local Child Support Enforcement Division (CSED) offices located throughout Wyoming.

(t) "Foster care" - Substitute parental care of children unable to remain in their own home, provided by the Department, including room, board, supervision, and guidance.

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

(v) "IV-D Case" - A case eligible for child support services pursuant to Title IV-D, the child support enforcement act and related laws.

(w) "Initiating state" - State in which a proceeding pursuant to the Uniform Interstate Family Support Act (UIFSA), W.S. 20-4-139 through 20-4-189 or substantially similar law is commenced.

(x) "Income" - Any form of periodic payment or return in money to an individual, regardless of source, derived from the individual’s business, labor, capital investment, or property holdings. Income includes, but is not limited to, wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, and permanent-partial disability workers’ compensation payments, unemployment compensation, disability, annuity and retirement benefits, and any other payments made by any payor.

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

(z) "Medicaid" - Medical assistance under a state plan approved under Title XIX the Social Security Act.

(aa) "Noncustodial parent" - A natural or adoptive parent who does not have legal custody of a child.

(bb) "Non-Public Assistance (Non-PA)" - An individual who is receiving IV-D services and is not an active recipient of POWER or IV-E foster care, but may be receiving other types of assistance such as food stamps; Medicaid; unemployed parent program; foster care; or social services.

(cc) "Obligee" - Any person entitled to receive support under an order for support and includes the agency of this or another jurisdiction to which a person has assigned the right to support.

(dd) "Obligor" - A person owing a duty of support.

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

(ff) "PA" - Public Assistance - (The benefit provided by POWER or IV-E, and also refers to a IV-D case for recipients of these benefits.)

(gg) "Payor" - any person or entity owing money to an obligor.

(hh) "POSSE" - Parental Obligation System for Support Enforcement (The CSED computer system.)

(ii) "POWER" - Personal Opportunities With Employment Responsibilities Program.

(jj) "Records Review" - Review by CSED of the records concerning the obligations and payments of an obligor to determine current arrearages, if any.

(kk) "Responding state" - A state in which any responsive proceeding pursuant to the UIFSA is commenced.

(ll) "SPLS" or "State PLS" - The Parent Locator Service operated by CSED.

(mm) "SSI benefits" - Supplemental Security Income benefits.

(nn) "State" - A state, territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico and includes any foreign jurisdiction which has a URESA, UIFSA, or a substantially similar reciprocal law in effect.

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

(pp) "Support order" - any order entered by a court or administrative agency of this or another state which orders support of a child or a child and a spouse, including medical support provisions.

(qq) "TANF" - Temporary Assistance for Needy Families Program - replaced AFDC (Aid for Dependent Children) under the Welfare Reform Act of 1996.

(rr) "Title IV-D (IV-D)" -Secton of the Act (42 U.S.C. 651 through 668) which establishes the Federal Child Support Enforcement Program.

(ss) "Title IV-E (IV-E)" - Section of the Act as amended (42 U.S.C. 670 through 676) which establishes the Federal Foster Care Program.

(tt) "UIFSA" - Uniform Interstate Family Support Act (W.S.20-4-139 et. seq.).

(uu) "URESA" - Uniform Reciprocal Enforcement Support Act.