HB0041 - Uniform Interstate Family Support Act amendments.
|
2001 |
State of Wyoming |
01LSO-0244 |
HOUSE BILL NO. HB0041
Uniform Interstate Family Support Act amendments.
Sponsored by: Joint Labor, Health and Social Services
Interim Committee
A BILL
for
1 AN ACT relating to the
Uniform Interstate Family Support
2 Act;
conforming provisions to federal requirements;
3
clarifying which court order for support controls and shall
4 be
recognized when multiple orders are, or might be,
5
entered; specifying procedures for recognition of a
6
controlling order for support; and providing for an
7
effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 20-4-148(a), (b) by creating a new
12 paragraph (iii) and by creating new
subsections (c) through
13 (f), 20-4-155(b)(iii), 20-4-166 by
creating a new
14 subsection (j) and 20-4-178(b)
and by creating a new
15 subsection (c) are amended to read:
16
Page 1
1 20-4-148. Recognition of controlling
child support
2 orders.
3
4 (a) If a
proceeding is brought under this act and
5
only one (1) tribunal has issued a child support order, the
6
order of that tribunal controls and
shall be so recognized.
7
8 (b) If a
proceeding is brought under this act, and
9 two
(2) or more child support orders have been issued by
10 tribunals of this state or another state
with regard to the
11 same obligor and child, a tribunal of this
state shall
12 apply the following rules in determining
which order to
13 recognize for purposes of continuing, exclusive
14 jurisdiction:
15
16 ( iii) If none of the tribunals would have
17 continuing,
exclusive jurisdiction under this act, the
18 tribunal
of this state having jurisdiction over the parties
19 shall
issue a child support order, which controls and shall
20 be
so recognized.
21
22 (c) If two (2) or more child support orders have been
23 issued
for the same obligor and child and if the obligor or
24 the
individual obligee resides in this state, a party may
Page 2
1 request a tribunal of this state to determine which order
2 controls and shall be so recognized
under subsection (b) of
3 this section. This request shall be
accompanied by a
4 certified copy of every support order
in effect. The
5 requesting party shall give notice of
the request to each
6 party whose rights may be affected by
the determination.
7
8 (d) The tribunal that
issued the controlling order
9 under subsection (a), (b) or (c) of
this section is the
10 tribunal
that has continuing, exclusive jurisdiction under
11 W.S.
20-4-146.
12
13 (e) A tribunal of this state which determines by
14 order
the identity of the controlling order under paragraph
15 (b)(i)
or (ii) of this section or which issues a new
16 controlling
order under paragraph (b)(iii) of this section
17 shall
state in that order the basis upon which the tribunal
18 made
its determination.
19
20 (f) Within thirty (30) days after issuance of an
21 order
determining the identity of the controlling order,
22 the
party obtaining the order shall file a certified copy
23 of
the order with each tribunal that issued or registered
24 an
earlier order of child support. A party who obtains the
Page 3
1 order and fails to file a certified copy is subject to
2 appropriate sanctions by a tribunal in
which the issue of
3 failure to file arises. The failure to
file does not affect
4 the validity or enforceability of the
controlling order.
5
6 20-4-155. Duties and power of responding tribunal.
7
8 (b) A
responding tribunal of this state, to the
9
extent otherwise authorized by law, may do one (1) or more
10 of the following:
11
12 (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;
17
18 20-4-166. Special rules of evidence and procedure.
19
20 (j) The
defense of immunity based on the relationship
21 of husband and wife or parent and child does not apply in a
22 proceeding under this act.
23
Page 4
1 20-4-178. Procedure to contest
validity or
2 enforcement of registered
order.
3
4 (b) If the
nonregistering party fails to contest the
5
validity or enforcement of the registered order in a timely
6 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
9 operation of law.
10
11 (c) If a nonregistering party requests a hearing
to
12 contest
the validity or enforcement of the registered
13 order,
the registering tribunal shall schedule the matter
14 for
hearing and give notice to the parties of the date,
15 time
and place of the hearing.
16
17 Section 2. This act is effective July 1, 2001.
18
19 (END)
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