Law

Title 20 Domestic Relations

Wyoming · 20 · statute

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Contents: 298 provisions

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298 provisions

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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 Repealed by Laws 1995, ch. 148, § 3.

Repealed by Laws 1995, ch. 148, § 3.

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

Repealed by Laws 1995, ch. 148, § 3.

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

Repealed by Laws 1995, ch. 148, § 3.

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

Repealed by Laws 1995, ch. 148, § 3.

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

Repealed by Laws 1995, ch. 148, § 3.

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

Repealed by Laws 1995, ch. 148, § 3.

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

Repealed by Laws 1995, ch. 148, § 3.

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20-4-139. Short title.

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

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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 or foreign country; (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 or foreign country 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 or foreign country 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) Repealed by Laws 2015, ch. 75, § 3. (viii) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country; (ix) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child; (x) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child; (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 or a judgment determining parentage of a child has been issued; (B) A foreign country, state or political subdivision of a state 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 in place of child support; (C) An individual seeking a judgment determining parentage of the individual's child; or (D) A person that is a creditor in a proceeding under article 2 of this act. (xii) "Obligor" means an individual, or the estate of a decedent that: (A) Owes or is alleged to owe a duty of support; (B) Is alleged but has not been adjudicated to be a parent of a child; (C) Is liable under a support order; or (D) Is a debtor in a proceeding under article 2 of this act. (xiii) "Register" means to record or file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country; (xiv) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered; (xv) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country; (xvi) "Responding tribunal" means the authorized tribunal in a responding state or foreign country; (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, Puerto Rico, the United States Virgin Islands, or any territory or insular possession under the jurisdiction of the United States. The term includes an Indian nation or tribe; (A) Repealed by Laws 2015, ch. 75, § 3. (B) Repealed by Laws 2015, ch. 75, § 3. (xix) "Support enforcement agency" means a public official, governmental entity or private agency authorized to: (A) Seek enforcement of support orders or laws relating to the duty of support; (B) Seek establishment or modification of child support; (C) Request determination of parentage of a child; (D) Attempt to locate obligors or their assets; or (E) Request determination of the controlling child support order. (xx) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable 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 of a child. 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 20-4-213; (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, public corporation, government, or governmental subdivision, agency, or instrumentality 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; (xxvii) "Convention" means the convention on the international recovery of child support and other forms of family maintenance, concluded at the Hague on November 23, 2007; (xxviii) "Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and: (A) Which has been declared under the law of the United States to be a foreign reciprocating country; (B) Which has established a reciprocal arrangement for child support with this state as provided in W.S. 20-4-158; (C) Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this act; or (D) In which the convention is in force with respect to the United States. (xxix) "Foreign support order" means a support order of a foreign tribunal; (xxx) "Foreign tribunal" means a court, administrative agency or quasi-judicial entity of a foreign country which is authorized to establish, enforce or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention; (xxxi) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child; (xxxii) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

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20-4-141. Remedies cumulative; application of act to resident of foreign country and foreign support proceeding.

(a) Remedies provided by this act are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order 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 in a proceeding under this act. (c) A tribunal of this state shall apply article 1 of this act and, as applicable, article 2 of this act, to a support proceeding involving: (i) A foreign support order; (ii) A foreign tribunal; or (iii) An obligee, obligor or child residing in a foreign country. (d) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of article 1 of this act. (e) Article 2 of this act applies only to a support proceeding under the convention. In such a proceeding, if a provision of article 2 of this act is inconsistent with article 1 of this act, article 2 of this act controls.

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

(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, 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 in a record, 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 acts 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 of a child in this state pursuant to the putative father registry created by W.S. 1-22-117 and maintained in this state by the department of family services; or (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 are met, or, in the case of a foreign support order, unless the requirements of W.S. 20-4-197 are met.

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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.

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

Under this act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

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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 or a foreign country only if: (i) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country; (ii) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; 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 or a foreign country if: (i) The petition or comparable pleading in the other state or foreign country 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 or foreign country is the home state of the child.

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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.

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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 a tribunal 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.

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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 recognized. (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, another state or a foreign country 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 and shall be recognized: (i) If only one (1) of the tribunals would have continuing, exclusive jurisdiction under this act, the order of that tribunal controls; (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; or (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 that is 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.

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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 or a foreign country, 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.

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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 state, another state or a foreign country.

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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 this 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 or a foreign country which has or can obtain personal jurisdiction over the respondent.

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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.

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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.

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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 tribunal is in a foreign country, upon request the tribunal of this state 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 foreign tribunal.

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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) Establish or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage of a child; (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, electronic mail 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 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 this 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 responding 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.

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