Understanding
Wyoming Child Support Laws

The Child Support Enforcement Program was established in 1975 as Title IV, Part D of the Social Security Act. The program is a federal, state and local intergovernmental collaboration functioning in all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam and the Virgin Islands.

The Office of Child Support Enforcement in the Administration for Children and Families of the U.S. Department of Health and Human Services assists states develop, manage and operate child support programs effectively and according to federal laws by providing financial and technical assistance.

Establishing Paternity

In Wyoming, when a child is born to a woman who is unmarried, there is no legal relationship between the father and the child. A father of a child born to an unmarried woman is not the father for legal purposes unless both parents have signed an Acknowledgment of Paternity form or a court has entered an order that establishes the legal father of the child.

Note: Under current Wyoming Child Support law, when a child is born to a married woman, the husband is the presumed legal father of the child.

Genetic Testing

Genetic testing is another method used in determining a child's paternity. Genetic testing can take place in the child support office, hospital or clinic. The mother, child, and possible father will be tested. Genetic tests can be requested by the mother, father, child or the court.

In most cases the state is required to do genetic testing if the child’s father has not yet been identified. Your child has the right to other possible benefits from both parents. Many of these benefits may be denied to your child if legal paternity is not established. Some of these benefits may include:

• Social Security from a deceased or disabled parent
• Inheritance Rights
• Veteran's Benefits
• Life Insurance
• Health Insurance

By law, if you sign the paternity affidavit, your name will be listed as the father on the child's birth certificate. If you are not married to the mother of your child at the time your child is born, the state is required to register the child with the mother's last name. If paternity is established by an affidavit, and the mother agrees, you can make sure that your child has your last name.

What is an Acknowledgment of Paternity form and when can it be signed?

If the mother is unmarried, she and the father may sign an Acknowledgment of Paternity form, at the time of birth. The hospital staff will give the unmarried mother and birth father an Acknowledgment of Paternity form to complete. After leaving the hospital, if both parties wish to file an Acknowledgment of Paternity, the form can be obtained at County Assistance Offices, or by contacting the Department of Public Welfare, Bureau of Wyoming Child Support Enforcement. An Acknowledgment of Paternity form must include the signed consent of the birth mother and signature of the birth father. The signatures must be witnessed by someone other than the birth mother or birth father. Then, the form is recorded as an acknowledgment of paternity.

Applying for Wyoming Child Support

If you need to establish paternity, a child support order, or to enforce an existing order, please abide by the following information below.

1. The first thing to do is contact the county child support enforcement office nearest to you. This is for requirements to start a case.
2. The CSE offices require an application to start a case. Fill out the form and follow the instructions provided by the CSE office or by the website after answering the questions and printing the form. There will also be a one-time $20 application fee. If you receive public assistance you will be referred to a CSE office and will not be required to pay an application fee. Various Counties may waive the application fee if you are receiving certain forms of public assistance. They may also waive the fee if you are experiencing a financial hardship. Please contact your local county office for additional details.
3. If you live in another state, contact the nearest CSE office in that particular state and fill out their application. The other state will establish and enforce an order. If they need to involve a Colorado CSE office they will notify them directly.

Health Insurance Coverage

Children of parents that are divorced never married or separated families face a greater risk than other children of not having some form of health insurance coverage. The Wyoming courts and Wyoming Child Support Enforcement Program now require that health insurance coverage be provided for children when establishing the original child support order. The local county CSE Unit will always list the mother, the father, or either parent in the support order as the person who is to provide health coverage. Medicaid is considered public assistance and is secondary to private health coverage plans. If the children are on Medicaid, the parent ordered to supply health coverage is still held responsible to provide other health coverage.

Enforcement of an Order

Whenever a support order is initiated or modified, a general provision requires any payor of a non-residential parent to withhold a specified amount to be applied to the Wyoming Child Support order. Income withholding is part of a support order and established at the time the order was issued. This can change over the lifetime of the order depending on the types of income available for withholding, the work status of the parent paying support, and the availability of assets to pay the child support obligation.

Income withholding is the best enforcement method for the collection of ordered Wyoming Child Support. This method is mandatory and applies to almost all types of income--not just wages.

The word "income" includes, but is not limited to:

• personal earnings
• workers' compensation payments
• unemployment compensation benefits
• pensions
• annuities
• allowances
• private or governmental retirement benefits
• disability or sick pay
• insurance proceeds
• lottery prize awards
• any form of trust fund or endowment
• lump-sum payments
• assets in a financial institution
• any other payment in money.

Income-withholding

In Wyoming, income-withholding is mandatory for all child support orders, except when the obligor is not behind in payment of support in an amount equal to or more than one month's support payment; and if the court finds that there is good cause not to require immediate income withholding or a written agreement is reached between the custodial parent and the noncustodial parent, which provides for an alternative arrangement. An income-withholding order is not used for self-employed noncustodial parents. The court will issue a mandatory income-withholding order if arrears accrue in an amount equal to one month's support obligation even if good cause has been shown or there is a written agreement not to impose income-withholding.

Wyoming Child Support Customer Service

State Office

Wyoming Child Support Enforcement
(307) 777-6948
122 W. 25th Street
Herschler Building
1301 First Floor East
Cheyenne, WY 82002

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