049-16 Wyo. Code R. § 16-4

Current through April 27, 2019
Section 16-4 - Responding Agency Responsibilities

(a) Upon receipt of a request for services from an initiating agency, CSE shall accept and process an intergovernmental request for services, regardless of whether the initiating agency elected not to use remedies that may be available under the law of that jurisdiction.

(b) Within 75 calendar days of receipt of an intergovernmental form and documentation from its central registry, CSE shall:

  • (i) Provide location services in accordance with federal regulation if the request is for location services or the form or documentation does not include adequate location information on the noncustodial parent;
  • (ii) If unable to proceed with the case because of inadequate documentation, notify the initiating agency of the necessary additions or corrections to the form or documentation; and
  • (iii) If the documentation received with a case is incomplete and cannot be remedied without the assistance of the initiating agency, process the case to the extent possible pending necessary action by the initiating agency.

(c) CSE shall within 10 business days of locating the noncustodial parent in a different state, return the forms and documentation, including the new location, to the initiating agency, or, if directed by the initiating agency, forward/transmit the forms and documentation to the central registry in the state where the noncustodial parent has been located and notify the responding states own central registry where the case has been sent.

(d) CSE shall within 10 business days of locating the noncustodial parent in a different political subdivision within the state, forward/transmit the forms and documentation to the appropriate political subdivision and notify the initiating agency and CSE's own central registry of its action.

(e) If the request is for a determination of controlling order, CSE shall:

  • (i) File the controlling order determination request with the appropriate tribunal in its state within 30 calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later; and
  • (ii) Notify the initiating state agency, the controlling order state and any state where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within 30 calendar days of receipt of the determination from the tribunal.

(f) CSE shall provide any necessary services as it would in an intrastate IV-D case including:

  • (i) Establishing paternity in accordance with federal regulations and, if the agency elects, attempting to obtain a judgment for costs should paternity be established;
  • (ii) Establishing a child support obligation in accordance with federal regulations;
  • (iii) Reporting overdue support to consumer reporting agencies, in accordance with the Act and federal regulations;
  • (iv) Processing and enforcing orders referred by an initiating agency, whether pursuant to UIFSA or other legal processes, using appropriate remedies applied in its own cases in accordance with federal regulation, and submit the case for such other federal enforcement techniques as CSE determines to be appropriate, such as administrative offset under federal regulations and passport denial under the Act;
  • (v) Collecting and monitoring any support payments from the noncustodial parent and forwarding payments to the location specified by the initiating agency. The IV-D agency shall include sufficient information to identify the case, indicate the date of collection as defined under federal regulations, and include CSEs case identifier and locator code, as defined in accordance with instructions issued by the Secretary of Health and Human Services; and
  • (vi) Reviewing and adjusting child support orders upon request in accordance with federal regulations.

(g) CSE shall provide timely notice to the initiating agency in advance of any hearing before a tribunal that may result in establishment or adjustment of an order.

(h) CSE shall identify any fees or costs deducted from support payments when forwarding payments to the initiating agency in accordance with federal regulations.

(i) CSE shall within 10 business days of receipt of instructions for case closure from an initiating state agency under federal regulation, stop CSE's income withholding order or notice and close the intergovernmental IV-D case, unless the two states reach an alternative agreement on how to proceed.

(j) CSE shall notify the initiating agency when a case is closed pursuant to federal regulations.

049-16 Wyo. Code R. § 16-4

Amended, Eff. 1/8/2015.