Title 20 · WY

20-6-205(a)(ii) or (iii). The income withholding order may

Citation: Wyo. Stat. § 20-6-205

Section: 20-6-205

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.

ARTICLE 3 - CHILD SUPPORT GUIDELINES

20-6-301. Amended and Renumbered as 20-2-303 By Laws 2000, Ch. 34, § 2.

20-6-302. Amended and Renumbered as 20-2-307 By Laws 2000, Ch. 34, § 2.

20-6-303. Repealed by Laws 1990, ch. 60, § 3.

20-6-304. Amended and Renumbered as 20-2-304 By Laws 2000, Ch. 34, § 2.

20-6-305. Amended and Renumbered as 20-2-306 By Laws 2000, Ch. 34, § 2.

20-6-306. Amended and Renumbered as 20-2-311 By Laws 2000, Ch. 34, § 2.

ARTICLE 4 - MEDICAL SUPPORT FOR CHILDREN

20-6-401. Renumbered as 20-2-401 By Laws 2000, Ch. 34, § 5.

20-6-402. Renumbered as 20-2-402 By Laws 2000, Ch. 34, § 5.

CHAPTER 7 - VISITATION RIGHTS

20-7-101. Establishing grandparents' visitation rights.

(a) A grandparent may bring an original action against any person having custody of the grandparent's minor grandchild to establish reasonable visitation rights to the child. If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child's parents are not substantially impaired, the court shall grant reasonable visitation rights to the grandparent. In any action under this section for which the court appoints a guardian ad litem, the grandparent shall be responsible for all fees and expenses associated with the appointment.

(i) Repealed By Laws 1997, ch. 71, § 2.

(ii) Repealed By Laws 1997, ch. 71, § 2.

(iii) Repealed By Laws 1997, ch. 71, § 2.

(b) Repealed By Laws 1997, ch. 71, § 2.

(c) No action to establish visitation rights may be brought by a grandparent under subsection (a) of this section if the minor grandchild has been adopted and neither adopting parent is related by blood to the child.

(d) In any action or proceeding in which visitation rights have been granted to a grandparent under this section, the court may for good cause upon petition of the person having custody or who is the guardian of the child, revoke or amend the visitation rights granted to the grandparent.

(e) As used in this section:

(i) "Grandparent" includes a great-grandparent; and

(ii) "Grandchild" includes a great-grandchild.

20-7-102. Establishing primary caregivers' visitation rights.

(a) With notice or reasonable efforts to provide notice to the noncustodial parent, a person may bring an original action against any person having custody of the child to establish reasonable visitation rights to the child if the person bringing the original action has been the primary caregiver for the child for a period of not less than six (6) months within the previous eighteen (18) months. If the court finds, after a hearing, that visitation would be in the best interest of the child and that the rights of the child's parents are not substantially impaired, the court shall grant reasonable visitation rights to the primary caregiver. In any action under this section for which the court appoints a guardian ad litem, the person bringing the original action under this section shall be responsible for all fees and expenses associated with the appointment. (b) No action to establish visitation rights under subsection (a) of this section may be brought by a person related to the child by blood or by a person acting as primary caregiver for the child prior to the adoption of the minor child when neither adopting parent is related by blood to the child.

(c) In any action or proceeding in which visitation rights have been granted to a primary caregiver under this section, the court may for good cause upon petition of the person having custody or who is the guardian of the child, revoke or amend the visitation rights granted to the primary caregiver.

CHAPTER 8 - CHILD ABDUCTION PREVENTION

20-8-101. Short title.

This act shall be known and may be cited as the "Uniform Child Abduction Prevention Act."

20-8-102. Definitions.

(a) As used in this act:

(i) "Abduction" means the wrongful removal or wrongful retention of a child;

(ii) "Child" means an unemancipated person who is less than eighteen (18) years of age;

(iii) "Child custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with respect to a child, including a permanent, temporary, initial or modification order;

(iv) "Child custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is at issue, including a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights or protection from domestic violence;

(v) "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination; (vi) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;

(vii) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession subject to the jurisdiction of the United States or a federally recognized Indian tribe or nation;

(viii) "Travel document" means a record relating to a travel itinerary, including travel tickets, passes and reservations for transportation or accommodations. "Travel document" does not include a passport or visa;

(ix) "Wrongful removal" means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state;

(x) "Wrongful retention" means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state;

(xi) "This act" means W.S. 20-8-101 through 20-8-112.

20-8-103. Cooperation and communication among courts.

W.S. 20-5-210 through 20-5-212 shall apply to cooperation and communications among courts in proceedings under this act.

20-8-104. Actions for abduction prevention measures.

(a) A party to a child custody determination or another person or entity having a right under the law of this state or any other state to seek a child custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this act.

(b) A prosecutor or public authority designated under W.S.