ORIGINAL HOUSE                                           

BILL   NO.  0041

 

ENROLLED ACT NO. 3,  HOUSE OF REPRESENTATIVES

 

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

 

 

 

 

AN ACT relating to the Uniform Interstate Family Support
Act; conforming provisions to federal requirements;
clarifying which court order for support controls and shall
be recognized when multiple orders are, or might be,
entered; specifying procedures for recognition of a
controlling order for support; and providing for an
effective date.

 

Be It Enacted by the Legislature of the State of Wyoming:

 

Section 1.  W.S. 20-4-148(a), (b) by creating a new
paragraph (iii) and by creating new subsections (c) through
(f), 20-4-155(b)(iii), 20-4-166 by creating a new
subsection (j) and 20-4-178(b) and  by creating a new
subsection (c) are amended to read:

 

20-4-148.  Recognition 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.

 

(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 child, a tribunal of this state shall
apply the following rules in determining which order to
recognize for purposes of continuing, exclusive
jurisdiction:

 

(iii)  If none of the tribunals would have
continuing, exclusive jurisdiction under this act, the
tribunal of this state having jurisdiction over the parties

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shall issue a child support order, which controls and shall
be so recognized.

 

(c)  If two (2) or more child support orders have been
issued for the same obligor and child and if the obligor or
the individual obligee resides in this state, a party may
request a tribunal of this state to determine which order
controls and shall be so recognized under subsection (b) of
this section. This request shall be accompanied by a
certified copy of every support order in effect. The
requesting party shall give notice of the request to each
party whose rights may be affected by the determination.

 

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

 

(e)  A tribunal of this state which determines by
order the identity of the controlling order under paragraph
(b)(i) or (ii) of this section or which issues a new
controlling order under paragraph (b)(iii) of this section
shall state in that order the basis upon which the tribunal
made its determination.

 

(f)  Within thirty (30) days after issuance of an
order determining the identity of the controlling order,
the party obtaining the order shall file a certified copy
of the order with each tribunal that issued or registered
an earlier order of child support. 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 controlling order.

 

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

 

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(b)  A responding tribunal of this state, to the
extent otherwise authorized by law, may do one (1) or more
of the following:

 

(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 Order income withholding;

 

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

 

(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.

 

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

 

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

 

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Section 2.  This act is effective July 1, 2001.

 

(END)

 

 

 

 

                                     

Speaker of the House                  President of the Senate

 

                                              

                 Governor                     

                                              

                 TIME APPROVED: _________     

                 DATE APPROVED: _________     

 

I hereby certify that this act originated in the House.

 

 

Chief Clerk

 

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