ARTICLE 2 - INCOME WITHHOLDING
20-6-201.� Short title.
This act may be cited as the "Income Withholding Act".
20-6-202.� Definitions.
(a)� As used in this act:
(i)� "Arrearage" means past due child support, past due medical support, past due spousal support, attorneys fees, guardian ad litem fees, costs, interest and penalties but does not include property settlements;
(ii)� "Child" means any person with respect to whom a support order, other than an order for spousal support, exists;
(iii)� "Clerk" means, for the purpose of receipt, distribution and disbursement of child support, the clerk of the district court in this state where the income withholding order is entered, or where mandated by law, the state disbursement unit;
(iv)� "Court" means any district court in this state;
(v)� "Delinquency" means arrearage;
(vi)� "Disposable income" means income as defined under paragraph (a)(ix) of this section less personal income taxes, social security and Medicare deductions, cost of dependent health care coverage for all dependent children and mandatory pension deductions;
(vii)� "Department" means the department of family services;
(viii)� "Employer" means any person who owes income to an obligor, including but not limited to the United States government, the state of Wyoming, any unit of local government and any school district;
(ix)� "Income" means any form of payment or return in money or in kind to an individual, regardless of source. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent partial disability and permanent total disability worker's compensation payments, unemployment compensation, disability, annuity and retirement benefits and any other payments made by any payor;
(x)� "Income withholding order" means a court's or an administrative order requiring a payor to withhold income due an obligor for payment to the obligee in accordance with this act;
(xi)� "Notice to payor" means the notice provided to the employer pursuant to the income withholding order;
(xii)� "Obligee" means any person entitled to receive support under an order of support and includes the agency of this or another jurisdiction to which a person has assigned his right to support;
(xiii)� "Obligor" means a person owing a duty of support;
(xiv)� "Payor" means any employer or other person owing income to an obligor;
(xv)� "Support order" means any order entered by a court or tribunal of this or another state, or of a tribal court, which provides for payment for the support of a child and includes medical support and spousal support, but excludes property settlements;
(xvi)� Repealed By Laws 2000, Ch. 2, � 2.
(xvii)� "Uniform income withholding order and notice to payor" means the federally approved uniform income withholding order and notice to payor;
(xviii)� "State disbursement unit" means the clerks of district court collectively or the single address location established pursuant to W.S. 20-6-210 (d). The state disbursement unit is the entity for receiving, distributing and disbursing child support payments;
(xix)� "This act" means W.S. 20-6-201 through 20-6-222.
20-6-203.� Notices; method of service.
All notices required by this act shall be served by certified mail return receipt requested or first class mail to the last known address of the addressee or shall be personally served as provided by the Wyoming Rules of Civil Procedure. If mailed, notice shall be deemed given when deposited in the United States mail, postage prepaid. Proof of mailing shall be sufficient proof of notice.
20-6-204.� Entry of income withholding order.
(a)� Upon entry or modification of any support order, the court shall also enter an income withholding order which shall take effect immediately, unless the parties agree otherwise, or unless one (1) of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding. When the parties agree to an alternative arrangement, the arrangement shall be in writing, signed by the parties and reviewed and entered in the record by the court. The court shall include in the record its findings of good cause, including a statement explaining why implementation of immediate income withholding would not be in the best interests of the child and, in cases involving modification of child support, proof of timely payments.
(b)� If a support order was entered by a Wyoming court before the effective date of this act and an income withholding order has not previously been entered, the court which entered the support order shall enter the income withholding order on its own motion at the time the support order is subsequently modified or at any other time upon application of the obligee, the obligor or the department. An income withholding order under this subsection shall be entered without a hearing if an arrearage occurs. An income withholding order under this subsection may also be entered by the district court of any other county in this state in which the obligor, obligee or payor resides, provided:
(i)� The petitioner files in the office of the clerk of that district court a certified copy of the support order and a sworn statement of the arrearages; and
(ii)� No other court in this state has entered an income withholding order based upon the same support order.
(c)� At the time an income withholding order is entered, the clerk shall mail a copy of the income withholding order and the support order to the last known address of the obligor and the obligee.
(d)� If a support order was entered by a Wyoming court and an income withholding order has not previously been entered, the department may issue an administrative income withholding order, subject to the applicable requirements of W.S. 20-6-101 through 20-6-112.
20-6-205.� When income withholding order becomes effective.
(a)� Except as otherwise provided by W.S. 20-6-204(a), an income withholding order which did not become effective immediately upon entry, becomes effective upon the earliest of the following:
(i)� Repealed By Laws 2000, Ch. 2, � 2.
(ii)� The date the obligor requests withholding commence; or
(iii)� The date the obligor becomes delinquent in payment of an amount equal to one (1) month's support obligation under the support order.
20-6-206.� Contents of income withholding order.
(a)� The income withholding order shall:
(i)� Direct the payor to withhold and remit to the clerk income due from the payor to the obligor, as specified in the notice to payor required by W.S. 20-6-210, for the payment of current support obligations and for the liquidation of arrearages, if any;
(ii)� Order the payor to comply with all the terms of the notice to payor and all subsequent notices served upon the payor;
(iii)� State that the income withholding order is immediately effective or that the order will become effective as provided in W.S. 20-6-205(a)(ii) or (iii); and
(iv)� State the addresses, if known, and social security numbers of the obligor and the obligee.
(b)� If there is more than one (1) income withholding order in effect, and if the various orders require payment to two (2) or more payees, then the notice to payor shall provide that income withheld shall be disbursed according to the following:
(i)� Each child shall receive an amount in the proportion which the child's current support bears relative to the total of all amounts for current support under court orders; and
(ii)� Any remaining withheld income shall be distributed to each child in an amount proportional to which the arrearage for that child's support bears relative to the total of all amounts ordered to be paid on arrearage.
20-6-207.� Voluntary assignment by obligor.
(a)� An obligor may at any time voluntarily apply to the court to enter an income withholding order pursuant to W.S. 20-6-204(b) or file a verified written application with the clerk requesting that withholding commence pursuant to W.S. 20-6-205(a)(ii).
(b)� An income withholding order which becomes effective at the voluntary request of the obligor shall remain in effect until such time as:
(i)� The obligor petitions the court to suspend withholding of income upon a showing of good cause, including a showing that income withholding has not been terminated previously and subsequently reinitiated and that the parties have agreed to an alternative arrangement as specified in W.S. 20-6-204; or
(ii)� There is no longer a current order for support and all arrearages as defined in W.S. 20-6-202 have been paid.
20-6-208.� Notice to obligor.
(a)� Except where an income withholding order becomes effective immediately, the clerk shall send notice to the obligor no later than fifteen (15) days after the date when:
(i)� The obligor becomes delinquent as specified in subsection (b) of this section; or
(ii)� An application by the obligee for income withholding has been granted by the court.
(b)� When an obligor becomes delinquent in payment in an amount equal to one (1) month's obligation under the support order, the obligee or the department, to initiate income withholding, shall file with the clerk a verified notice of delinquency, a certified copy of which shall be served upon the obligor together with the form by which the obligor may petition to stay service as provided by W.S. 20-6-209.
(c)� The notice of delinquency shall state:
(i)� The terms of the support order;
(ii)� A computation of the period and total amount of arrearage as of the date of the notice;
(iii)� That the amount of income that will be withheld shall be the full amount due for current support and an additional sum toward arrearages, the total of which shall not exceed the amount authorized by W.S. 20-6-210(b)(iii);
(iv)� The effective date of the income withholding order as provided by W.S. 20-6-205;
(v)� The income withholding order will be sent to any known current and subsequent payor of the obligor unless the obligor files a petition to stay service in accordance with W.S. 20-6-209;
(vi)� That the income withholding order applies to any current or subsequent payor or period of employment;
(vii)� The procedures available for contesting the income withholding including the grounds for contest and the period within which the petition to stay service shall be filed as provided by W.S. 20-6-209; and
(viii)� That failure to contest the income withholding within the period specified in W.S. 20-6-209(a) will result in the payor being notified to begin withholding.
20-6-209.� Procedures to stay income withholding.
(a)� Within twenty (20) days from the date of service of the notice of delinquency the obligor may file with the clerk a petition to stay service of the income withholding order. The petition to stay shall include the obligor's name, social security number, address, employer and employer's address.� The obligor shall mail a copy of the petition to the obligee, or to the obligee's representative if the notice of delinquency was filed by someone other than the obligee, and to the department in all cases being enforced by the department.� The obligor shall move for a hearing on the petition within five (5) days of filing the petition or the petition shall be denied.� The income withholding order shall not be served on the payor until either a hearing has been deemed denied or until after a hearing has been held on the petition and the court has determined that the income withholding will become effective.
(b)� The grounds for the petition to stay service shall be limited to disputes concerning:
(i)� The amount of current support or arrearage; or
(ii)� The identity of the alleged obligor named in the income withholding order.
(c)� If a petition to stay service states the grounds required by subsection (b) of this section, and has been filed as provided by subsection (a) of this section, and the obligor has moved for a hearing, the court shall set the matter for hearing and notify the obligor, the obligee or the obligee's representative if the notice of delinquency was filed by someone other than the obligee of the time and place of the hearing. In all cases being enforced by the department, the department shall be given notice. The court shall hear and decide the dispute and notify the obligor of its determination within forty-five (45) days from the date the notice of delinquency was served on all parties entitled to notice.
20-6-210.� Notice to payor.
(a)� The notice to payor shall be prepared and the original notice filed with the clerk and a copy of the notice mailed or served pursuant to W.S. 20-6-203 to the payor and to the obligor by:
(i)� The court if the income withholding order became effective immediately upon entry;
(ii)� The obligor if the income withholding order becomes effective under W.S. 20-6-205(a)(ii); or
(iii)� The department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee in all other cases.
(b)� The notice to payor shall state:
(i)� An ascertainable amount to be withheld from the obligor's income to be remitted to the clerk for current support and for arrearages;
(ii)� That the payor may withhold the fee provided by W.S. 20-6-212(c);
(iii)� That the amount actually withheld for support combined with the fee authorized by W.S. 20-6-212(c) shall not exceed the maximum amount authorized by 15 U.S.C. � 1673;
(A)� Repealed By Laws 2007, Ch. 169, � 2.
(B)� Repealed By Laws 2007, Ch. 169, � 2.
(iv)� The payor's rights and duties under W.S. 20-6-212;
(v)� That the withholding under this act has priority over any other legal process under state law against the same income;
(vi)� That the notice to payor is binding upon the payor until further notice is received as provided in accordance with W.S. 20-6-210(a);
(vii)� That the payor is subject to the sanctions of W.S. 20-6-218.
(c)� Notwithstanding any other provision of law, the uniform income withholding order and notice to payor is deemed to meet the requirements of this act.
(d)� Withholding payments may be forwarded to a single address provided by the Wyoming department of family services, in accordance with the federal Social Security Act.
20-6-211.� Service of income withholding order; amended notice to payor; notice to labor organizations; penalty.
(a)� The department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee shall prepare, file with the clerk and mail to any known current or subsequent payor and the obligor a copy of the income withholding order and the notice to payor, upon or after the occurrence of one (1) of the following:
(i)� No later than fifteen (15) days after the entry of the income withholding order if the court orders it to be effective immediately;
(ii)� If the obligor has not filed a petition to stay income withholding under W.S. 20-6-209(b), then no later than fifteen (15) days after the expiration of the time allowed for filing the petition;
(iii)� Entry of the court's order determining that the income withholding order will become effective following hearing pursuant to W.S. 20-6-209(c); or
(iv)� Voluntary assignment by the obligor pursuant to W.S. 20-6-207.
(b)� If the payor's address is not known on the dates specified in subsection (a) of this section, the notice to payor shall be sent in accordance with W.S. 20-6-210(a) no later than fifteen (15) days after determining the payor's address. At any time following service to the payor of the income withholding order and notice to payor under subsection (a) of this section, and if no support has been assigned, the department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee may prepare, file with the clerk of the court and mail to the payor and the obligor an amended notice to payor decreasing the amount to be withheld from the obligor's income. The amended notice is binding upon the payor from the date of receipt.
(c)� In addition to subsection (a) of this section and in those cases in which it is known that the obligor may be placed in employment with a payor by a labor or other private or public employment referral organization referring individuals to employment and operating within this state, the obligee or the department may prepare, file with the clerk of court and mail to the referring organization certified copies of the income withholding order and the notice to payor or an amended notice to payor pursuant to subsection (b) of this section. The obligee or the department shall send the notice to payor under this subsection within the dates specified under subsection (a) of this section. The referring organization shall at the time of placement, forward the notice to payor to each payor with which the organization places the obligor. Upon forwarding the notice to payor, a labor or other nongovernmental organization shall notify the district court that the income withholding order has been forwarded to the payor. The district court shall, at the time it sends the withholding order and the notice to payor to the referring organization, include a self-addressed, stamped return envelope for the referring organization's use for notification to the district court. Additional envelopes shall be available to the referring organization upon request. Any labor or other nongovernmental organization failing to provide notification to any payor at the time of placement as required by this subsection is liable for an amount of up to fifty dollars ($50.00) that the payor should have withheld from the obligor's income. The department of employment may be reimbursed by the department of family services for its costs incurred under this act.
20-6-212.� Duties of the payor; administrative fee.
(a)� Upon receipt of certified copies of the notice to payor and the income withholding order, the payor shall deduct and pay over income as specified in the notice.
(b)� The payor shall begin the withholding no later than the first pay period that occurs following service on the payor of the notice and income withholding order. The payor shall deduct the maximum amount required by the notice, unless otherwise ordered by the court, for each pay period. The payor is not required to vary his normal pay and disbursement cycles in order to comply with this subsection. The payor shall remit the amount withheld to the state disbursement unit within seven (7) days after the date the obligor is paid, and the remittance shall include the name and social security number of the obligor and the date the income was withheld.
(c)� In addition to the amount withheld from the obligor's income, the payor may, subject to limitations under W.S. 20-6-210(b)(iii) and 27-3-319(c), deduct and retain from the obligor's remaining income five dollars ($5.00) for each payment made pursuant to the income withholding order.
(d)� If the payor has received more than one (1) notice to payor, all withheld amounts may be combined into a single payment in which case the payor shall separately identify the amount which is to be credited to each obligor. Upon request, the clerk of court or the department may provide assistance to a payor in determining the amount to be credited to each obligor.
(e)� Within thirty (30) days after the obligor's employment terminates or the obligor ceases to receive income from the payor the payor shall give written notice thereof to the clerk.� The notice shall include the following information:
(i)� When the obligor ceased to receive income from the payor or when the obligor left his employment;
(ii)� The last known address of the obligor;
(iii)� The name and address of the obligor's new payor if known.
(f)� For a period of one (1) year from the date the obligor's employment terminates with the payor, the payor shall, upon request, disclose to the clerk or the department the following information:
(i)� Any new address for the obligor of which the payor may become aware; and
(ii)� The name and address of the obligor's new payor, if known to the payor.
(g)� In the case of worker's compensation or unemployment compensation benefits, nothing in W.S. 20-6-202(a)(i) or (xv) shall require a payor to withhold an amount for any type of support or arrearage not authorized to be withheld from those benefits by federal law or regulation.
(h)� If insurance coverage of the obligor's children is provided by or through the payor, the payor shall notify the clerk within thirty (30) days of any lapse or material change in that coverage.
(j)� The payor shall not be liable to the obligor for any payment or disclosure made as authorized by this act.
20-6-213.� Notice to clerk of changes.
(a)� After an income withholding order has become effective under this act and within fifteen (15) days of any change:
(i)� The obligee and obligor shall notify the clerk in writing of any change of address; and
(ii)� The obligor shall notify the clerk in writing of the name and address of any new payor.
(b)� The department, acting pursuant to W.S. 20-6-105(a)(ii), or the obligee shall give written notice to the clerk of the receipt of any other support payments including but not limited to, any federal offset or partial payment of any arrearage.
(c)� Within thirty (30) days after termination of the department's authorization to receive payments for the obligee, the department shall give notice in writing or by electronic data transfer to the clerk to send future payments directly to the obligee.
20-6-214.� Duties of clerk of court.
(a)� The clerk shall:
(i)� Maintain records showing receipt and disbursement of all funds received pursuant to this act;
(ii)� Promptly distribute all funds received to the appropriate person or agency;
(iii)� Promptly refund to the obligor any amounts shown to have been improperly withheld which are in the possession and control of the clerk;
(iv)� Promptly notify the obligee upon receipt of information provided to the clerk pursuant to W.S. 20-6-212(e);
(v)� Promptly notify the payor of suspension or termination of the income withholding order when:
(A)� The court has ordered a suspension or termination as provided by W.S. 20-6-216;
(B)� The clerk receives a verified written notice from the obligor or the agency of this or another jurisdiction to which an obligee has assigned his right to support that there is no longer a support obligation and all arrearages have been paid; or
(C)� The location of the obligee is unknown and the clerk has been unable to deliver payments remitted under the income withholding order for a period of ninety (90) days.
(vi)� Use forms specified by the department.
(b)� Repealed by Laws 1988, ch. 26, � 2.
(c)� When there exists more than one (1) current order for support, the clerk shall distribute payments received pursuant to W.S. 20-6-206(b).
20-6-215.� Minimum and maximum amount of withholding; allocation.
(a)� Subject to the limitation under W.S. 20-6-210(b)(iii) the aggregate amount of income withheld under an income withholding order served upon one (1) or more payors of an obligor shall:
(i)� Satisfy the current support obligation under the support order;
(ii)� Include an additional amount to be applied toward the liquidation of any arrearage; and
(iii)� Include the amount actually withheld for support combined with the fee authorized by W.S. 20-6-212(c).
(b)� If the department is enforcing separate support obligations under this act against a single obligor, it shall allocate amounts withheld giving priority to current support up to the limits imposed under W.S. 20-6-210(b)(iii) using the allocation method provided in W.S. 20-6-206(b).
20-6-216.� Petitions to modify, suspend or terminate income withholding order.
(a)� At any time after an income withholding order has been served upon a payor pursuant to W.S. 20-6-211, the obligor, the obligee or the department may petition the court to:
(i)� Modify, suspend or terminate the income withholding order due to modification, suspension or termination of the support order;
(ii)� Modify the amount of income to be withheld to reflect payment in full of the arrearage by income withholding or otherwise;
(iii)� Reduce the amount of income being withheld by a payor to conform to the maximum limitations under W.S. 20-6-210(b)(iii) and to order the repayment by the obligee to the obligor of any amounts withheld in violation of W.S. 20-6-210(b)(iii);
(iv)� Suspend the income withholding order because of inability to deliver the withheld income to the obligee due to the obligee's failure to provide the clerk with a mailing address or other means of delivery for a period of ninety (90) days;
(v)� Repealed by Laws 1993, ch. 199, � 2.
(vi)� Suspend the income withholding order when the suspension is consented to by:
(A)� The obligor or the department if the support rights of the obligee have been assigned to the department; or
(B)� The obligor and the person to whom the duty of support is owed. When the parties under this subparagraph agree to an alternative arrangement, the arrangement shall be in writing, signed by the parties and reviewed and entered in the record by the court.
(b)� An obligor may petition the court at any time to suspend or terminate an income withholding order upon grounds that:
(i)� The obligor did not receive a copy of a required delinquency notice as provided by W.S. 20-6-209(a); and
(ii)� Grounds exist as specified by W.S. 20-6-209(b) to contest the withholding.
(c)� An obligor may petition the court at any time to suspend the withholding of income when there is no longer a current order for support and all arrearages have been paid.
(d)� An income withholding order suspended under this section shall again become effective upon the subsequent occurrence of one (1) of the events specified by W.S. 20-6-205(a)(ii) or (iii). The income withholding order may thereafter be served upon a payor of the obligor subject to the notice and hearing requirements of this act.
(e)� The clerk shall mail to any affected payor a certified copy of any order entered under this section which affects the duties of the payor.
20-6-217.� Award of attorney fees.
Any time a hearing is held pursuant to this act, reasonable attorney's fees may be awarded to the prevailing party.
20-6-218.� Penalties.
(a)� A payor who fails to withhold income in the amount specified in the notice to payor is liable for any amount up to the accumulated amount the payor should have withheld from the obligor's income.
(b)� Payors shall pay in compliance with the instructions specified in the notice to payor and in accordance with the duties specified in W.S. 20-6-212.� No payor shall use the existence of an income withholding order authorized by this act as grounds to discharge, discipline or otherwise penalize an obligor or as grounds to refuse to employ a person. The penalties imposed under this section shall be collected from the violator, paid to the state treasurer and credited as provided in W.S. 8-1-109. Before the court imposes a civil penalty, the payor accused of a violation shall be notified, in writing, of the specific nature of the alleged violation and the time and place, at least ten (10) days from the date of the notice, when a hearing of the matter shall be held.� After hearing or upon failure of the accused to appear at the hearing, the court shall determine the amount of the civil penalty to be imposed in accordance with the limitation in this section.
(c)� Any payor who violates this section is subject to a civil penalty in an amount of not more than two hundred dollars ($200.00).
(d)� Penalties under this section shall not be imposed unless service of the notice to payor was completed by sending by certified mail return receipt requested to, or by personal service upon, the employer.
(e)� Except for a violation of subsection (b) of this section, an employer who complies in good faith with an income withholding order shall not be subject to civil liabilities.
20-6-219.� Priority of income withholding order.
An income withholding order under this act has priority over any other legal process under state law against the same income.
20-6-220.� Designation of federal administering agency.
The IV-D agency designated as the state agency to administer income withholding under this act for purposes of section 466(b)(5) and part D, title IV, section 454 of the federal Social Security Act is the child support enforcement unit of the department and, except where limited by federal law or regulation, the clerk of district court in each county.
20-6-221.� Repealed By Laws 2000, Ch. 2, � 2.
20-6-222.� Remedies in addition to other laws.
The rights, remedies, duties and penalties created by this act are in addition to and not in substitution for any other rights, remedies, duties and penalties created by any other law.