Title 20 · WY
20-4-151 through 20-4-169 apply to all proceedings under this
Citation: Wyo. Stat. § 20-4-151
Section: 20-4-151
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(b) Repealed By Laws 2005, ch. 103, § 3.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.
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.
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.
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.
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.
20-4-156. Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
20-4-157. Duties of support enforcement agency.
(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this act.
(b) A support enforcement agency of this state that is providing services to the petitioner shall: (i) Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country to obtain jurisdiction over the respondent;
(ii) Request an appropriate tribunal to set a date, time and place for a hearing;
(iii) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(iv) Within two (2) days, exclusive of Saturdays, Sundays and legal holidays, after receipt of notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;
(v) Within two (2) days, exclusive of Saturdays, Sundays and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(vi) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) This act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
(d) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(i) To ensure that the order to be registered is the controlling order; or
(ii) If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for a determination is made in a tribunal having jurisdiction to do so.
(e) A support enforcement agency of this state that requests registration and enforcement of a support order, arrearages or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(f) A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirect payment of current support, arrearages and interest if requested to do so by a support enforcement agency of another state pursuant to W.S.