Thisact may be cited as the "Uniform Interstate Family Support Act."
20-4-140. Definitions.
(a) As used in this act:
(i) "Child" means an individual, whether over orunder the age of majority, who is or is alleged to be owed a duty of support bythe individual's parent who is or is alleged to be the beneficiary of a supportorder directed to the parent;
(ii) "Child support order" means a support order for achild, including a child who has attained the age of majority under the law ofthe issuing state;
(iii) "Duty of support" means an obligation imposed orimposable by law to provide support for a child, spouse or former spouse,including an unsatisfied obligation to provide support;
(iv) "Home state" means the state in which a childlived with a parent or a person acting as a parent for at least six (6)consecutive months immediately preceding the time of filing of a petition orcomparable pleading for support and, if a child less than six (6) months old,the state in which the child lived from birth with any of them. A period oftemporary absence of any of them is counted as part of the six (6) month orother period;
(v) "Income" includes earnings or other periodic entitlementsto money from any source and any other property subject to withholding forsupport under the law of this state;
(vi) "Income withholding order" means an order orother legal process directed to an obligor's employer or other payor, as definedby the Income Withholding Act, W.S. 20-6-201 through 20-6-222, to withholdsupport from the income of the obligor;
(vii) "Initiating state" means a state from which aproceeding is filed for forwarding to a responding state under the UniformInterstate Family Support Act or a law or procedure substantially similar tothis act;
(viii) "Initiating tribunal" means the authorizedtribunal in an initiating state;
(ix) "Issuing state" means the state in which atribunal issues a support order or renders a judgment determining parentage;
(x) "Issuing tribunal" means the tribunal that issuesa support order or renders a judgment determining parentage;
(xi) "Obligee" means:
(A) An individual to whom a duty of support is or is alleged tobe owed or in whose favor a support order has been issued or a judgmentdetermining parentage has been rendered;
(B) A state or political subdivision to which the rights undera duty of support or support order have been assigned or which has independentclaims based on financial assistance provided to an individual obligee; or
(C) An individual seeking a judgment determining parentage ofthe individual's child.
(xii) "Obligor" means an individual, or the estate of adecedent:
(A) Who owes or is alleged to owe a duty of support;
(B) Who is alleged but has not been adjudicated to be a parentof a child; or
(C) Who is liable under a support order.
(xiii) "Register" means to record or file a supportorder or judgment determining parentage in the appropriate location for therecording or filing of foreign judgments generally or foreign support ordersspecifically;
(xiv) "Registering tribunal" means a tribunal in whicha support order is registered;
(xv) "Responding state" means a state in which a proceedingis filed or to which a proceeding is forwarded for filing from an initiatingstate under the Uniform Interstate Family Support Act or a law or proceduresubstantially similar to this act;
(xvi) "Responding tribunal" means the authorized tribunalin a responding state;
(xvii) "Spousal support order" means a support order fora spouse or former spouse of the obligor;
(xviii) "State" means a state of the United States, theDistrict of Columbia, the United States Virgin Islands, or any territory orinsular possession subject to the jurisdiction of the United States. The termincludes:
(A) An Indian tribe; and
(B) A foreign country or political subdivision that:
(I) Has been declared to be a foreign reciprocating country orpolitical subdivision under federal law;
(II) Has established a reciprocal arrangement for child supportwith this state as provided in W.S. 20-4-158;
(III) Has enacted a law or established procedures for issuanceand enforcement of support orders which are substantially similar to theprocedures under this act.
(xix) "Support enforcement agency" means a publicofficial or agency authorized to seek:
(A) Enforcement of support orders or laws relating to the dutyof support;
(B) Establishment or modification of child support;
(C) Determination of parentage;
(D) Location of obligors or their assets; or
(E) Determination of the controlling child support order.
(xx) "Support order" means a judgment, decree, orderor directive, whether temporary, final, or subject to modification, issued by atribunal for the benefit of a child, a spouse, or a former spouse, whichprovides for monetary support, health care, arrearages or reimbursement, andmay include related costs and fees, interest, income withholding, attorney'sfees, and other relief;
(xxi) "Tribunal" means a court, administrative agencyor quasi-judicial entity authorized to establish, enforce or modify supportorders or to determine parentage. For purposes of establishing, enforcing ormodifying support orders or determining parentage in Wyoming, tribunal meansonly the district court;
(xxii) "This act" means W.S. 20-4-139 through 20-4-197;
(xxiii) "IV-D agency" means the department of familyservices;
(xxiv) "Law" includes decisional and statutory law andrules and regulations having the force of law;
(xxv) "Person" means an individual, corporation,business trust, estate, trust, partnership, limited liability company,association, joint venture, government, governmental subdivision, agency, orinstrumentality, public corporation or any other legal or commercial entity;
(xxvi) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in a perceivable form.
20-4-141. Remedies cumulative.
(a) Remedies provided by the Uniform Interstate Family SupportAct are cumulative and do not affect the availability of remedies under otherlaw, including the recognition of a support order of a foreign country orpolitical subdivision on the basis of comity.
(b) This act does not:
(i) Provide the exclusive method of establishing or enforcing asupport order under the law of this state; or
(ii) Grant a tribunal of this state jurisdiction to renderjudgment or issue an order relating to child custody or visitation under thisact.
20-4-142. Basis for jurisdiction over nonresident.
(a) In a proceeding to establish or enforce a support order orto determine parentage, a tribunal of this state may exercise personal jurisdictionover a nonresident individual or the individual's guardian or conservator if:
(i) The individual is personally served with notice within thestate;
(ii) The individual submits to the jurisdiction of this state byconsent, by entering a general appearance, or by filing a responsive documenthaving the effect of waiving any contest to personal jurisdiction;
(iii) The individual resided with the child in this state;
(iv) The individual resided in this state and provided prenatalexpenses or support for the child;
(v) The child resides in this state as a result of the act ordirectives of the individual;
(vi) The individual engaged in sexual intercourse in this stateand the child may have been conceived by that act of intercourse;
(vii) The individual asserted parentage in this state pursuant toW.S. 14-2-401 through 14-2-907;
(viii) There is any other basis consistent with the constitutionsof this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection(a) of this section or in any other law of this state may not be used toacquire personal jurisdiction for a tribunal of this state to modify a childsupport order of another state unless the requirements of W.S. 20-4-183 or20-4-197 are met.
20-4-143. Procedure when exercising jurisdiction over nonresident.
Personaljurisdiction acquired by a tribunal of this state in a proceeding under thisact or other law of this state relating to a support order continues as long asa tribunal of this state has continuing, exclusive jurisdiction to modify itsorder or continuing jurisdiction to enforce its order as provided by W.S.20-4-146, 20-4-147 and 20-4-196.
20-4-144. Initiating and responding tribunal of this state.
Underthe Uniform Interstate Family Support Act, a tribunal of this state may serveas an initiating tribunal to forward proceedings to another state and as aresponding tribunal for proceedings initiated in another state.
20-4-145. Simultaneous proceedings.
(a) A tribunal of this state may exercise jurisdiction toestablish a support order if the petition or comparable pleading is filed aftera pleading is filed in another state only if:
(i) The petition or comparable pleading in this state is filedbefore the expiration of the time allowed in the other state for filing aresponsive pleading challenging the exercise of jurisdiction by the otherstate;
(ii) The contesting party timely challenges the exercise ofjurisdiction in the other state; and
(iii) If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction toestablish a support order if the petition or comparable pleading is filedbefore a petition or comparable pleading is filed in another state if:
(i) The petition or comparable pleading in the other state isfiled before the expiration of the time allowed in this state for filing aresponsive pleading challenging the exercise of jurisdiction by this state;
(ii) The contesting party timely challenges the exercise ofjurisdiction in this state;
(iii) If relevant, the other state is the home state of thechild.
20-4-146. Continuing exclusive jurisdiction.
(a) A tribunal of this state that has issued a child supportorder consistent with the law of this state has, and shall exercise,continuing, exclusive jurisdiction to modify its child support order if theorder is the controlling order and:
(i) At the time of filing of a request for modification, thisstate is the residence of the obligor, the individual obligee or the child forwhose benefit the support order is issued; or
(ii) Even if this state is not the residence of the obligor, theindividual obligee or the child for whose benefit the support order is issued,the parties consent in a record or in open court that the tribunal of thisstate may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child supportorder consistent with the law of this state may not exercise continuing,exclusive jurisdiction to modify the order if:
(i) All the parties who are individuals file consent in arecord with the tribunal of this state that a tribunal of another state thathas jurisdiction over at least one (1) of the parties, who is an individual orthat is located in the state of residence of the child, may modify the orderand assume continuing, exclusive jurisdiction; or
(ii) Its order is not the controlling order.
(c) Repealed By Laws 2005, ch. 103, 3.
(d) If a tribunal of another state has issued a child supportorder pursuant to the Uniform Interstate Family Support Act or a lawsubstantially similar to that act which modifies a child support order of atribunal of this state, tribunals of this state shall recognize the continuing,exclusive jurisdiction of the tribunal of the other state.
(e) A temporary support order issued ex parte or pendingresolution of a jurisdictional conflict does not create continuing, exclusivejurisdiction in the issuing tribunal.
(f) Repealed By Laws 2005, ch. 103, 3.
(g) A tribunal of this state that lacks continuing, exclusivejurisdiction to modify a child support order may serve as an initiatingtribunal of another state to modify a support order issued in that state.
20-4-147. Continuing jurisdiction to enforce a child support order.
(a) A tribunal of this state that has issued a child supportorder consistent with the law of this state may serve as an initiating tribunalto request a tribunal of another state to enforce:
(i) The order if the order is the controlling order and has notbeen modified by a tribunal of another state that assumed jurisdiction pursuantto the Uniform Interstate Family Support Act; or
(ii) A money judgment for arrearages of support and interest onthe order accrued before a determination that an order of another state is thecontrolling order.
(b) A tribunal of this state having continuing jurisdictionover a support order may act as a responding tribunal to enforce the order.
(c) Repealed By Laws 2005, ch. 103, 3.
20-4-148. Determination 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 controlsand shall be so recognized.
(i) Repealed By Laws 1998, ch. 97, 3.
(ii) Repealed By Laws 1998, ch. 97, 3.
(iii) Repealed By Laws 1998, ch. 97, 3.
(iv) Repealed By Laws 1998, ch. 97, 3.
(b) If a proceeding is brought under this act, and two (2) ormore child support orders have been issued by tribunals of this state oranother state with regard to the same obligor and same child, a tribunal ofthis state having personal jurisdiction over both the obligor and individualobligee shall apply the following rules and by order shall determine whichorder controls:
(i) If only one (1) of the tribunals would have continuing,exclusive jurisdiction under this act, the order of that tribunal controls andshall be so recognized;
(ii) If more than one (1) of the tribunals would havecontinuing, exclusive jurisdiction under this act:
(A) An order issued by a tribunal in the current home state ofthe child controls; but
(B) If an order has not been issued in the current home stateof the child, the order most recently issued controls.
(iii) If none of the tribunals would have continuing, exclusivejurisdiction under this act, the tribunal of this state shall issue a childsupport order, which controls.
(c) If two (2) or more child support orders have been issuedfor the same obligor and same child, upon request of a party who is anindividual or a support enforcement agency, a tribunal of this state havingpersonal jurisdiction over both the obligor and the obligee who is anindividual shall determine which order controls under subsection (b) of thissection. This request may be filed with a registration for enforcement orregistration for modification pursuant to W.S. 20-4-173 through 20-4-184,20-4-193, 20-4-194 and 20-4-197, or may be filed as a separate proceeding.
(d) The tribunal that issued the controlling order undersubsection (a), (b) or (c) of this section has continuing jurisdiction to theextent provided in W.S. 20-4-146 or 20-4-147.
(e) A tribunal of this state that determines by order which isthe controlling order under paragraph (b)(i) or (ii) or subsection (c) of thissection or that issues a new controlling order under paragraph (b)(iii) of thissection shall state in that order:
(i) The basis upon which the tribunal made its determination;
(ii) The amount of prospective support, if any; and
(iii) The total amount of consolidated arrearages and accruedinterest, if any, under all of the orders after all payments made are creditedas provided by W.S. 20-4-150.
(f) Within thirty (30) days after issuance of an orderdetermining which is the controlling order, the party obtaining the order shallfile a certified copy of the order in each tribunal that issued or registeredan earlier order of child support. A party or support enforcement agencyobtaining the order that fails to file a certified copy is subject toappropriate sanctions by a tribunal in which the issue of failure to filearises. The failure to file does not affect the validity or enforceability ofthe controlling order.
(g) A request to determine which is the controlling order shallbe accompanied by a copy of every child support order in effect and theapplicable record of payments. The requesting party shall give notice of therequest to each party whose rights may be affected by the determination.
(h) An order that has been determined to be the controllingorder, or a judgment for consolidated arrearages of support and interest, ifany, made pursuant to this section shall be recognized in proceedings underthis act.
20-4-149. Child support orders for two or more obligees.
Inresponding to registrations or petitions for enforcement of two (2) or morechild support orders in effect at the same time with regard to the same obligorand different individual obligees, at least one (1) of which was issued by atribunal of another state, a tribunal of this state shall enforce those ordersin the same manner as if the multiple orders had been issued by a tribunal ofthis state.
20-4-150. Credit for payments.
Atribunal of this state shall credit amounts collected for a particular periodpursuant to any child support order against the amounts owed for the sameperiod under any other child support order for support of the same child issuedby a tribunal of this or another state.
20-4-151. Proceedings under the Uniform Interstate Family Support Act.
(a) Except as otherwise provided in this act, W.S. 20-4-151through 20-4-169 apply to all proceedings under the Uniform Interstate FamilySupport Act.
(b) Repealed By Laws 2005, ch. 103, 3.
(c) An individual petitioner or a support enforcement agencymay initiate a proceeding authorized under the act by filing a petition in aninitiating tribunal for forwarding to a responding tribunal or by filing apetition or a comparable pleading directly in a tribunal of another state whichhas or can obtain personal jurisdiction over the respondent.
20-4-152. Proceeding by minor parent.
Aminor 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'schild.
20-4-153. Application of law of this state.
(a) Except as otherwise provided in this act, a respondingtribunal of this state shall:
(i) Apply the procedural and substantive law generallyapplicable to similar proceedings originating in this state and may exerciseall powers and provide all remedies available in those proceedings; and
(ii) Determine the duty of support and the amount payable inaccordance 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, aninitiating tribunal of this state shall forward the petition and itsaccompanying documents:
(i) To the responding tribunal or appropriate supportenforcement agency in the responding state; or
(ii) If the identity of the responding tribunal is unknown, tothe state information agency of the responding state with a request that theybe forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of thisstate shall issue a certificate or other document and make findings required bythe law of the responding state. If the responding state is a foreign countryor political subdivision, upon request the tribunal shall specify the amount ofsupport sought, convert that amount into the equivalent amount in the foreigncurrency under applicable official or market exchange rate as publicly reportedand provide any other documents necessary to satisfy the requirements of theresponding state.
20-4-155. Duties and power of responding tribunal.
(a) When a responding tribunal of this state receives apetition or comparable pleading from initiating tribunal or directly pursuantto W.S. 20-4-151(c), it shall cause the petition or pleading to be filed andnotify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent notprohibited by other law, may do one (1) or more of the following:
(i) Issue or enforce a support order, modify a child supportorder, determine the controlling child support order or determine parentage;
(ii) Order an obligor to comply with a support order, specifyingthe amount and manner of compliance;
(iii) Order income withholding;
(iv) Determine the amount of any arrearages, and specify amethod 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 theobligor's current residential address, telephone number, employer, address ofemployment and telephone number at the place of employment;
(ix) Issue a bench warrant for an obligor who has failed afterproper notice to appear at a hearing ordered by the tribunal and enter thewarrant in any local and state computer system for criminal warrants;
(x) Order the obligor to seek appropriate employment byspecified methods;
(xi) Award reasonable attorney's fees and other fees and courtcosts;
(xii) Repealed By Laws 1998, ch. 97, 3.
(xiii) Grant any other available remedy.
(c) A responding tribunal of this state shall include in asupport order issued under the Uniform Interstate Family Support Act, or in thedocuments accompanying the order, the calculations on which the support orderis based.
(d) A responding tribunal of this state may not condition thepayment of a support order issued under this act upon compliance by a partywith provisions for visitation.
(e) If a responding tribunal of this state issues an orderunder this act, the tribunal shall send a copy of the order to the petitionerand the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrearages orjudgment, or modify a support order stated in a foreign currency, a tribunal ofthis state shall convert the amount stated in the foreign currency to theequivalent amount in dollars under the applicable official or market exchangerate as publicly reported.
20-4-156. Inappropriate tribunal.
Ifa petition or comparable pleading is received by an inappropriate tribunal ofthis state, the tribunal shall forward the pleading and accompanying documentto an appropriate tribunal in this state or another state and notify thepetitioner 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 isproviding services to the petitioner shall:
(i) Take all steps necessary to enable an appropriate tribunalin this state or another state to obtain jurisdiction over the respondent;
(ii) Request an appropriate tribunal to set a date, time andplace for a hearing;
(iii) Make a reasonable effort to obtain all relevantinformation, including information as to income and property of the parties;
(iv) Within five (5) days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written notice in a record from aninitiating, responding or registering tribunal, send a copy of the notice tothe petitioner;
(v) Within five (5) days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written communication in a record from therespondent or the respondent's attorney, send a copy of the communication tothe petitioner; and
(vi) Notify the petitioner if jurisdiction over the respondentcannot be obtained.
(c) This act does not create or negate a relationship ofattorney and client or other fiduciary relationship between a supportenforcement agency or the attorney for the agency and the individual beingassisted by the agency.
(d) A support enforcement agency of this state that requestsregistration of a child support order in this state for enforcement or formodification shall make reasonable efforts:
(i) To ensure that the order to be registered is thecontrolling order; or
(ii) If two (2) or more child support orders exist and theidentity of the controlling order has not been determined, to ensure that arequest 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 statedin a foreign currency shall convert the amounts stated in the foreign currencyinto the equivalent amounts in dollars under the applicable official or marketexchange rate as publicly reported.
(f) A support enforcement agency of this state shall request atribunal of this state to issue a child support order and an income withholdingorder that redirect payment of current support, arrearages and interest ifrequested to do so by a support enforcement agency of another state pursuant toW.S. 20-4-169.
20-4-158. Duty of attorney general.
(a) If the state attorney general determines that the supportenforcement agency is neglecting or refusing to provide services to anindividual, the attorney general may order the agency to perform its dutiesunder this act or may provide those services directly to the individual.
(b) The attorney general may determine that a foreign countryor political subdivision has established a reciprocal arrangement for childsupport with this state and take appropriate action for notification of thedetermination.
20-4-159. Private counsel.
Anindividual may employ private counsel to represent the individual inproceedings authorized by this act.
20-4-160. Duties of state information agency.
(a) The department of family services child support enforcementsection is the state information agency under this act.
(b) The state information agency shall:
(i) Compile and maintain a current list, including addresses,of the tribunals in this state which have jurisdiction under this act and anysupport enforcement agencies in this state and transmit a copy to the stateinformation agency of every other state;
(ii) Maintain a register of names and addresses of tribunals andsupport enforcement agencies received from other states;
(iii) Forward to the appropriate tribunal in the county in thisstate in which the obligee who is an individual or the obligor resides, or inwhich the obligor's property is believed to be located, all documentsconcerning a proceeding under this act received from an initiating tribunal orthe state information agency of the initiating state; and
(iv) Obtain information concerning the location of the obligorand the obligor's property within this state not exempt from execution, by suchmeans as postal verification and federal or state locator services, examinationof telephone directories, requests for the obligor's address from employer, andexamination of governmental records, including, to the extent not prohibited byother law, those relating to real property, vital statistics, law enforcement,taxation, motor vehicles, driver's licenses and social security.
20-4-161. Pleadings and accompanying documents.
(a) In a proceeding under this act, a petitioner seeking toestablish a support order, to determine parentage or to register and modify asupport order of another state shall file a petition. Unless otherwise orderedunder W.S. 20-4-162, the petition or accompanying document shall provide, sofar as known, the name, residential address and social security numbers of theobligor and the obligee or the parent and alleged parent, and the name, sex,residential address, social security number and date of birth of each child forwhose benefit support is sought or whose parentage is to be determined. Unlessfiled at the time of registration, the petition shall be accompanied by a copyof any support order known to have been issued by another tribunal. Thepetition or accompanying documents may include any other information that mayassist in locating or identifying the respondent.
(b) The petition shall specify the relief sought. The petitionand accompanying documents shall conform substantially with the requirementsimposed by the forms mandated by federal law for use in cases filed by asupport enforcement agency.
20-4-162. Nondisclosure of information in exceptional circumstances.
Ifa party alleges in an affidavit or a pleading under oath that the health,safety or liberty of a party or child would be jeopardized by disclosure ofspecific identifying information, that information shall be sealed and may notbe disclosed to the other party or the public. After a hearing in which atribunal takes into consideration the health, safety or liberty of the party orchild, the tribunal may order disclosure of information that the tribunaldetermines to be in the interest of justice.
20-4-163. Costs and fees.
(a) The petitioner may not be required to pay a filing fee orother cost.
(b) If an obligee prevails, a responding tribunal may assessagainst an obligor filing fees, reasonable attorney's fees, other costs and necessarytravel and other reasonable expenses incurred by the obligee and the obligee'switnesses. The tribunal may not assess fees, costs or expenses against theobligee or the support enforcement agency of either the initiating or theresponding state, except as provided by other law. Attorney's fees may betaxed as costs, and may be ordered paid directly to the attorney, who mayenforce the order in the attorney's own name. Payment of support owed to theobligee has priority over fees, costs and expenses.
(c) The tribunal shall order the payment of costs andreasonable attorney's fees if it determines that a hearing was requestedprimarily for delay. In a proceeding under W.S. 20-4-173 through 20-4-184, ahearing is presumed to have been requested primarily for delay if a registeredsupport order is confirmed or enforced without change.
20-4-164. Limited immunity of petitioner.
(a) Participation by a petitioner in a proceeding under thisact before a responding tribunal, whether in person, by private attorney, orthrough services provided by the support enforcement agency, does not conferpersonal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil processwhile physically present in this state to participate in a proceeding underthis act.
(c) The immunity granted by this section does not extend tocivil litigation based on acts unrelated to a proceeding under this actcommitted by a party while present in this state to participate in theproceeding.
20-4-165. Nonparentage as defense.
Aparty whose parentage of a child has been previously determined by or pursuantto law may not plead nonparentage as a defense to a proceeding under this act.
20-4-166. Special rules of evidence and procedure.
(a) The physical presence of a nonresident party who is anindividual in a tribunal of this state is not required for the establishment,enforcement or modification of a support order or the rendition of a judgmentdetermining parentage.
(b) An affidavit, a document substantially complying withfederally mandated forms or a document incorporated by reference in any ofthem, which would not be excluded under the hearsay rule if given in person, isadmissible in evidence if given under penalty of perjury or false swearing by aparty or witness residing in another state.
(c) A copy of the record of child support payments certified asa true copy of the original by the custodian of the record may be forwarded toa responding tribunal. The copy is evidence of facts asserted in it, and isadmissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenataland postnatal health care of the mother and child, furnished to the adverseparty at least ten (10) days before trial, are admissible in evidence to provethe amount of the charges billed and that the charges were reasonable,necessary and customary.
(e) Documentary evidence transmitted from another state to atribunal of this state by telephone, telecopier, or other means that do notprovide an original record may not be excluded from evidence on an objectionbased on the means of transmission.
(f) In a proceeding under this act, a tribunal of this stateshall permit a party or witness residing in another state to be deposed or totestify by telephone, audiovisual means or other electronic means at adesignated tribunal or other location in that state. A tribunal of this stateshall cooperate with tribunals of other states in designating an appropriatelocation for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses toanswer on the ground that the testimony may be self-incriminating, the trier offact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications betweenspouses does not apply in a proceeding under the act.
(j) The defense of immunity based on the relationship ofhusband and wife or parent and child does not apply in a proceeding under thisact.
(k) A voluntary acknowledgment of paternity, certified as atrue copy, is admissible to establish parentage of the child.
20-4-167. Communications between tribunals.
Atribunal of this state may communicate with a tribunal of another state orforeign country or political subdivision in a record, or by telephone or othermeans, to obtain information concerning the laws, the legal affect of ajudgment, decree or order of that tribunal, and the status of a proceeding inthe other state or foreign country or political subdivision. A tribunal ofthis state may furnish similar information by similar means to a tribunal ofanother state or foreign country or political subdivision.
20-4-168. Assistance with discovery.
(a) A tribunal of this state may:
(i) Request a tribunal of another state to assist in obtainingdiscovery; and
(ii) Upon request, compel a person over whom it has jurisdictionto respond to a discovery order issued by a tribunal of another state.
20-4-169. Receipt and disbursement of payments.
(a) A support enforcement agency or tribunal of this stateshall disburse promptly any amounts received pursuant to a support order, asdirected by the order. The agency or tribunal shall furnish to a requestingparty or tribunal of another state a certified statement by the custodian ofthe record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is anindividual, nor the child resides in this state, upon request from the supportenforcement agency of this state or another state, a tribunal of this stateshall:
(i) Direct that the support payment be made to the supportenforcement agency in the state in which the obligee is receiving services; and
(ii) Issue and send to the obligor's employer a conformingincome withholding order or an administrative notice of change of payee,reflecting the redirected payments.
(c) The support enforcement agency of this state receivingredirected payments from another state pursuant to a law similar to subsection(b) of this section shall furnish to a requesting party or tribunal of theother state a certified statement by the custodian of the record of the amountand dates of all payments received.
20-4-170. Petition to establish support order.
(a) If a support order entitled to recognition under this acthas not been issued, a responding tribunal of this state may issue a supportorder if:
(i) The individual seeking the order resides in another state;or
(ii) The support enforcement agency seeking the order is locatedin another state.
(b) The tribunal may issue a temporary child support order ifthe tribunal determines that the order is appropriate and the individualordered to pay is:
(i) A presumed father of the child;
(ii) Petitioning to have his paternity adjudicated;
(iii) Identified as the father of the child through genetictesting;
(iv) An alleged father who has declined to submit to genetictesting;
(v) Shown by clear and convincing evidence to be the father ofthe child;
(vi) An acknowledged father as provided by W.S. 14-2-601 etseq.;
(vii) The mother of the child; or
(viii) An individual who has been ordered to pay child support ina previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard,that an obligor owes a duty of support, the tribunal shall issue a supportorder directed to the obligor and may issue other orders pursuant to W.S.20-4-155.
20-4-171. Employer's receipt of income withholding order of anotherstate; employer's compliance with income withholding order of another state;compliance with multiple income withholding orders.
(a) An income withholding order issued in another state may besent by or on behalf of the obligee, or by the support enforcement agency tothe person defined as the obligor's employer under W.S. 20-6-201 through20-6-222 without first filing a petition or comparable pleading or registeringthe order with a tribunal of this state.
(i) Repealed By Laws 1998, ch. 97, 3.
(ii) Repealed By Laws 1998, ch. 97, 3.
(iii) Repealed By Laws 1998, ch. 97, 3.
(b) Repealed By Laws 1998, ch. 97, 3.
(c) Upon receipt of an income withholding order, the obligor'semployer shall immediately provide a copy of the order to the obligor.
(d) The employer shall treat an income withholding order issuedin another state which appears regular on its face as if it had been issued bya tribunal of this state.
(e) Except as otherwise provided in subsections (f) and (g) ofthis section, the employer shall withhold and distribute the funds as directedin the withholding order by complying with terms of the order which specify:
(i) The duration and amount of periodic payments of currentchild support, stated as a sum certain;
(ii) The person designated to receive payments and the addressto which the payments are to be forwarded;
(iii) Medical support, whether in the form of periodic cashpayment, stated as a sum certain, or ordering the obligor to provide healthinsurance coverage for the child under a policy available through the obligor'semployment;
(iv) The amount of periodic payments of fees and costs for asupport enforcement agency, the issuing tribunal, and the obligee's attorney,stated as sums certain; and
(v) The amount of periodic payments of arrearages and intereston arrearages, stated as sums certain.
(f) An employer shall comply with the law of the state of theobligor's principal place of employment for withholding from income withrespect to:
(i) The employer's fee for processing an income withholdingorder;
(ii) The maximum amount permitted to be withheld from theobligor's income; and
(iii) The times within which the employer shall implement thewithholding order and forward the child support payment.
(g) If an obligor's employer receives two (2) or more incomewithholding orders with respect to the earnings of the same obligor, theemployer satisfies the terms of the orders if the employer complies with thelaw of the state of the obligor's principal place of employment to establishthe priorities for withholding and allocating income withheld for two (2) ormore child support obligees.
20-4-172. Administrative enforcement of orders.
(a) A party or support enforcement agency seeking to enforce asupport order or an income withholding order, or both, issued by a tribunal ofanother state may send the documents required for registering the order to asupport enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcementagency, without initially seeking to register the order, shall consider and, ifappropriate, use any administrative procedure authorized by the law of thisstate to enforce a support order or an income withholding order, or both. Ifthe obligor does not contest administrative enforcement, the order need not beregistered. If the obligor contests the validity or administrative enforcementof the order, the support enforcement agency shall register the order pursuantto the Uniform Interstate Family Support Act.
(c) The department of family services shall adopt rules andregulations consistent with federal requirements to implement this section.
20-4-173. Registration of order for enforcement.
Asupport order or income withholding order issued by a tribunal of another statemay be registered in this state for enforcement.
20-4-174. Procedure to register order for enforcement.
(a) A support order or an income withholding order of anotherstate may be registered in this state by sending the following records andinformation to the appropriate tribunal in this state:
(i) A letter of transmittal to the tribunal requestingregistration and enforcement;
(ii) Two (2) copies, including one (1) certified copy, of theorder to be registered, including any modification of the order;
(iii) A sworn statement by the person requesting registration ora certified statement by the custodian of the records showing the amount of anyarrearage;
(iv) The name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) The name and address of the obligor's employer or otherpayor and any other source of income of the obligor; and
(C) A description and the location of property of the obligorin this state not exempt from execution.
(D) Repealed By Laws 1998, ch. 97, 3.
(v) Except as otherwise provided in W.S. 20-4-162, the name andaddress of the obligee and, if applicable, the person to whom support paymentsare to be remitted.
(b) On receipt of a request for registration, the registeringtribunal shall cause the order to be filed as a foreign judgment, together withone (1) copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy thatshall be affirmatively sought under other law of this state may be filed at thesame time as the request for registration, or later. The pleading shall specifythe grounds for the remedy sought.
(d) If two (2) or more orders are in effect, the personrequesting registration shall:
(i) Furnish to the tribunal a copy of every support orderasserted to be in effect in addition to the documents specified in thissection;
(ii) Specify the order alleged to be the controlling order, ifany; and
(iii) Specify the amount of consolidated arrearages, if any.
(e) A request for a determination of which is the controllingorder may be filed separately or with a request for registration andenforcement or for registration and modification. The person requesting registrationshall give notice of the request to each party whose rights may be affected bythe determination.
20-4-175. Effect of registration for enforcement.
(a) A support order or income withholding order issued inanother state is registered when the order is filed in the registering tribunalof this state.
(b) A registered order issued in another state is enforceablein the same manner and is subject to the same procedures as an order issued bya tribunal of this state.
(c) Except as otherwise provided in W.S. 20-4-173 through20-4-184, a tribunal of this state shall recognize and enforce, but shall notmodify, a registered order if the issuing tribunal had jurisdiction.
20-4-176. Choice of law.
(a) Except as otherwise provided in subsection (d) of thissection, the law of the issuing state governs:
(i) The nature, extent, amount and duration of current paymentsunder a registered support order;
(ii) The computation and payment of arrearages and accrual ofinterest on the arrearages under the support order; and
(iii) The existence and satisfaction of other obligations underthe support order.
(b) In a proceeding for arrearages under a registered supportorder, the statute of limitation of this state or of the issuing state,whichever is longer, applies.
(c) A responding tribunal of this state shall apply theprocedures and remedies of this state to enforce current support and collectarrearages and interest due on a support order of another state registered inthis state.
(d) After a tribunal of this or another state determines whichis the controlling order and issues an order consolidating arrearages, if any,a tribunal of this state shall prospectively apply the law of the state issuingthe controlling order, including its law on interest on arrearages, on currentand future support, and on consolidated arrearages.
20-4-177. Notice of registration of order.
(a) When a support order or income withholding order issued inanother state is registered, the registering tribunal shall notify thenonregistering party. The notice shall be accompanied by a copy of theregistered order and the documents and relevant information accompanying theorder.
(b) A notice shall inform the nonregistering party:
(i) That a registered order is enforceable as of the date ofregistration in the same manner as an order issued by a tribunal of this state;
(ii) That a hearing to contest the validity or enforcement ofthe registered order shall be requested within twenty (20) days after the dateof mailing or personal service of the notice;
(iii) That failure to contest the validity or enforcement of theregistered order in a timely manner will result in confirmation of the orderand enforcement of the order and the alleged arrearages and precludes furthercontest of that order with respect to any matter that could have been asserted;and
(iv) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two (2) or moreorders are in effect, a notice shall also:
(i) Identify the two (2) or more orders and the order allegedby the registering person to be the controlling order and the consolidatedarrearages, if any;
(ii) Notify the nonregistering party of the right to adetermination of which is the controlling order;
(iii) State that the procedures provided in subsection (b) ofthis section apply to the determination of which is the controlling order; and
(iv) State that failure to contest the validity or enforcementof the order alleged to be the controlling order in a timely manner may resultin confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order forenforcement, the registering tribunal shall notify the obligor's employerpursuant to W.S. 20-6-201 through 20-6-222.
20-4-178. Procedure to contest validity or enforcement of registeredorder.
Thisact may be cited as the "Uniform Interstate Family Support Act."
20-4-140. Definitions.
(a) As used in this act:
(i) "Child" means an individual, whether over orunder the age of majority, who is or is alleged to be owed a duty of support bythe individual's parent who is or is alleged to be the beneficiary of a supportorder directed to the parent;
(ii) "Child support order" means a support order for achild, including a child who has attained the age of majority under the law ofthe issuing state;
(iii) "Duty of support" means an obligation imposed orimposable by law to provide support for a child, spouse or former spouse,including an unsatisfied obligation to provide support;
(iv) "Home state" means the state in which a childlived with a parent or a person acting as a parent for at least six (6)consecutive months immediately preceding the time of filing of a petition orcomparable pleading for support and, if a child less than six (6) months old,the state in which the child lived from birth with any of them. A period oftemporary absence of any of them is counted as part of the six (6) month orother period;
(v) "Income" includes earnings or other periodic entitlementsto money from any source and any other property subject to withholding forsupport under the law of this state;
(vi) "Income withholding order" means an order orother legal process directed to an obligor's employer or other payor, as definedby the Income Withholding Act, W.S. 20-6-201 through 20-6-222, to withholdsupport from the income of the obligor;
(vii) "Initiating state" means a state from which aproceeding is filed for forwarding to a responding state under the UniformInterstate Family Support Act or a law or procedure substantially similar tothis act;
(viii) "Initiating tribunal" means the authorizedtribunal in an initiating state;
(ix) "Issuing state" means the state in which atribunal issues a support order or renders a judgment determining parentage;
(x) "Issuing tribunal" means the tribunal that issuesa support order or renders a judgment determining parentage;
(xi) "Obligee" means:
(A) An individual to whom a duty of support is or is alleged tobe owed or in whose favor a support order has been issued or a judgmentdetermining parentage has been rendered;
(B) A state or political subdivision to which the rights undera duty of support or support order have been assigned or which has independentclaims based on financial assistance provided to an individual obligee; or
(C) An individual seeking a judgment determining parentage ofthe individual's child.
(xii) "Obligor" means an individual, or the estate of adecedent:
(A) Who owes or is alleged to owe a duty of support;
(B) Who is alleged but has not been adjudicated to be a parentof a child; or
(C) Who is liable under a support order.
(xiii) "Register" means to record or file a supportorder or judgment determining parentage in the appropriate location for therecording or filing of foreign judgments generally or foreign support ordersspecifically;
(xiv) "Registering tribunal" means a tribunal in whicha support order is registered;
(xv) "Responding state" means a state in which a proceedingis filed or to which a proceeding is forwarded for filing from an initiatingstate under the Uniform Interstate Family Support Act or a law or proceduresubstantially similar to this act;
(xvi) "Responding tribunal" means the authorized tribunalin a responding state;
(xvii) "Spousal support order" means a support order fora spouse or former spouse of the obligor;
(xviii) "State" means a state of the United States, theDistrict of Columbia, the United States Virgin Islands, or any territory orinsular possession subject to the jurisdiction of the United States. The termincludes:
(A) An Indian tribe; and
(B) A foreign country or political subdivision that:
(I) Has been declared to be a foreign reciprocating country orpolitical subdivision under federal law;
(II) Has established a reciprocal arrangement for child supportwith this state as provided in W.S. 20-4-158;
(III) Has enacted a law or established procedures for issuanceand enforcement of support orders which are substantially similar to theprocedures under this act.
(xix) "Support enforcement agency" means a publicofficial or agency authorized to seek:
(A) Enforcement of support orders or laws relating to the dutyof support;
(B) Establishment or modification of child support;
(C) Determination of parentage;
(D) Location of obligors or their assets; or
(E) Determination of the controlling child support order.
(xx) "Support order" means a judgment, decree, orderor directive, whether temporary, final, or subject to modification, issued by atribunal for the benefit of a child, a spouse, or a former spouse, whichprovides for monetary support, health care, arrearages or reimbursement, andmay include related costs and fees, interest, income withholding, attorney'sfees, and other relief;
(xxi) "Tribunal" means a court, administrative agencyor quasi-judicial entity authorized to establish, enforce or modify supportorders or to determine parentage. For purposes of establishing, enforcing ormodifying support orders or determining parentage in Wyoming, tribunal meansonly the district court;
(xxii) "This act" means W.S. 20-4-139 through 20-4-197;
(xxiii) "IV-D agency" means the department of familyservices;
(xxiv) "Law" includes decisional and statutory law andrules and regulations having the force of law;
(xxv) "Person" means an individual, corporation,business trust, estate, trust, partnership, limited liability company,association, joint venture, government, governmental subdivision, agency, orinstrumentality, public corporation or any other legal or commercial entity;
(xxvi) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in a perceivable form.
20-4-141. Remedies cumulative.
(a) Remedies provided by the Uniform Interstate Family SupportAct are cumulative and do not affect the availability of remedies under otherlaw, including the recognition of a support order of a foreign country orpolitical subdivision on the basis of comity.
(b) This act does not:
(i) Provide the exclusive method of establishing or enforcing asupport order under the law of this state; or
(ii) Grant a tribunal of this state jurisdiction to renderjudgment or issue an order relating to child custody or visitation under thisact.
20-4-142. Basis for jurisdiction over nonresident.
(a) In a proceeding to establish or enforce a support order orto determine parentage, a tribunal of this state may exercise personal jurisdictionover a nonresident individual or the individual's guardian or conservator if:
(i) The individual is personally served with notice within thestate;
(ii) The individual submits to the jurisdiction of this state byconsent, by entering a general appearance, or by filing a responsive documenthaving the effect of waiving any contest to personal jurisdiction;
(iii) The individual resided with the child in this state;
(iv) The individual resided in this state and provided prenatalexpenses or support for the child;
(v) The child resides in this state as a result of the act ordirectives of the individual;
(vi) The individual engaged in sexual intercourse in this stateand the child may have been conceived by that act of intercourse;
(vii) The individual asserted parentage in this state pursuant toW.S. 14-2-401 through 14-2-907;
(viii) There is any other basis consistent with the constitutionsof this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection(a) of this section or in any other law of this state may not be used toacquire personal jurisdiction for a tribunal of this state to modify a childsupport order of another state unless the requirements of W.S. 20-4-183 or20-4-197 are met.
20-4-143. Procedure when exercising jurisdiction over nonresident.
Personaljurisdiction acquired by a tribunal of this state in a proceeding under thisact or other law of this state relating to a support order continues as long asa tribunal of this state has continuing, exclusive jurisdiction to modify itsorder or continuing jurisdiction to enforce its order as provided by W.S.20-4-146, 20-4-147 and 20-4-196.
20-4-144. Initiating and responding tribunal of this state.
Underthe Uniform Interstate Family Support Act, a tribunal of this state may serveas an initiating tribunal to forward proceedings to another state and as aresponding tribunal for proceedings initiated in another state.
20-4-145. Simultaneous proceedings.
(a) A tribunal of this state may exercise jurisdiction toestablish a support order if the petition or comparable pleading is filed aftera pleading is filed in another state only if:
(i) The petition or comparable pleading in this state is filedbefore the expiration of the time allowed in the other state for filing aresponsive pleading challenging the exercise of jurisdiction by the otherstate;
(ii) The contesting party timely challenges the exercise ofjurisdiction in the other state; and
(iii) If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction toestablish a support order if the petition or comparable pleading is filedbefore a petition or comparable pleading is filed in another state if:
(i) The petition or comparable pleading in the other state isfiled before the expiration of the time allowed in this state for filing aresponsive pleading challenging the exercise of jurisdiction by this state;
(ii) The contesting party timely challenges the exercise ofjurisdiction in this state;
(iii) If relevant, the other state is the home state of thechild.
20-4-146. Continuing exclusive jurisdiction.
(a) A tribunal of this state that has issued a child supportorder consistent with the law of this state has, and shall exercise,continuing, exclusive jurisdiction to modify its child support order if theorder is the controlling order and:
(i) At the time of filing of a request for modification, thisstate is the residence of the obligor, the individual obligee or the child forwhose benefit the support order is issued; or
(ii) Even if this state is not the residence of the obligor, theindividual obligee or the child for whose benefit the support order is issued,the parties consent in a record or in open court that the tribunal of thisstate may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child supportorder consistent with the law of this state may not exercise continuing,exclusive jurisdiction to modify the order if:
(i) All the parties who are individuals file consent in arecord with the tribunal of this state that a tribunal of another state thathas jurisdiction over at least one (1) of the parties, who is an individual orthat is located in the state of residence of the child, may modify the orderand assume continuing, exclusive jurisdiction; or
(ii) Its order is not the controlling order.
(c) Repealed By Laws 2005, ch. 103, 3.
(d) If a tribunal of another state has issued a child supportorder pursuant to the Uniform Interstate Family Support Act or a lawsubstantially similar to that act which modifies a child support order of atribunal of this state, tribunals of this state shall recognize the continuing,exclusive jurisdiction of the tribunal of the other state.
(e) A temporary support order issued ex parte or pendingresolution of a jurisdictional conflict does not create continuing, exclusivejurisdiction in the issuing tribunal.
(f) Repealed By Laws 2005, ch. 103, 3.
(g) A tribunal of this state that lacks continuing, exclusivejurisdiction to modify a child support order may serve as an initiatingtribunal of another state to modify a support order issued in that state.
20-4-147. Continuing jurisdiction to enforce a child support order.
(a) A tribunal of this state that has issued a child supportorder consistent with the law of this state may serve as an initiating tribunalto request a tribunal of another state to enforce:
(i) The order if the order is the controlling order and has notbeen modified by a tribunal of another state that assumed jurisdiction pursuantto the Uniform Interstate Family Support Act; or
(ii) A money judgment for arrearages of support and interest onthe order accrued before a determination that an order of another state is thecontrolling order.
(b) A tribunal of this state having continuing jurisdictionover a support order may act as a responding tribunal to enforce the order.
(c) Repealed By Laws 2005, ch. 103, 3.
20-4-148. Determination 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 controlsand shall be so recognized.
(i) Repealed By Laws 1998, ch. 97, 3.
(ii) Repealed By Laws 1998, ch. 97, 3.
(iii) Repealed By Laws 1998, ch. 97, 3.
(iv) Repealed By Laws 1998, ch. 97, 3.
(b) If a proceeding is brought under this act, and two (2) ormore child support orders have been issued by tribunals of this state oranother state with regard to the same obligor and same child, a tribunal ofthis state having personal jurisdiction over both the obligor and individualobligee shall apply the following rules and by order shall determine whichorder controls:
(i) If only one (1) of the tribunals would have continuing,exclusive jurisdiction under this act, the order of that tribunal controls andshall be so recognized;
(ii) If more than one (1) of the tribunals would havecontinuing, exclusive jurisdiction under this act:
(A) An order issued by a tribunal in the current home state ofthe child controls; but
(B) If an order has not been issued in the current home stateof the child, the order most recently issued controls.
(iii) If none of the tribunals would have continuing, exclusivejurisdiction under this act, the tribunal of this state shall issue a childsupport order, which controls.
(c) If two (2) or more child support orders have been issuedfor the same obligor and same child, upon request of a party who is anindividual or a support enforcement agency, a tribunal of this state havingpersonal jurisdiction over both the obligor and the obligee who is anindividual shall determine which order controls under subsection (b) of thissection. This request may be filed with a registration for enforcement orregistration for modification pursuant to W.S. 20-4-173 through 20-4-184,20-4-193, 20-4-194 and 20-4-197, or may be filed as a separate proceeding.
(d) The tribunal that issued the controlling order undersubsection (a), (b) or (c) of this section has continuing jurisdiction to theextent provided in W.S. 20-4-146 or 20-4-147.
(e) A tribunal of this state that determines by order which isthe controlling order under paragraph (b)(i) or (ii) or subsection (c) of thissection or that issues a new controlling order under paragraph (b)(iii) of thissection shall state in that order:
(i) The basis upon which the tribunal made its determination;
(ii) The amount of prospective support, if any; and
(iii) The total amount of consolidated arrearages and accruedinterest, if any, under all of the orders after all payments made are creditedas provided by W.S. 20-4-150.
(f) Within thirty (30) days after issuance of an orderdetermining which is the controlling order, the party obtaining the order shallfile a certified copy of the order in each tribunal that issued or registeredan earlier order of child support. A party or support enforcement agencyobtaining the order that fails to file a certified copy is subject toappropriate sanctions by a tribunal in which the issue of failure to filearises. The failure to file does not affect the validity or enforceability ofthe controlling order.
(g) A request to determine which is the controlling order shallbe accompanied by a copy of every child support order in effect and theapplicable record of payments. The requesting party shall give notice of therequest to each party whose rights may be affected by the determination.
(h) An order that has been determined to be the controllingorder, or a judgment for consolidated arrearages of support and interest, ifany, made pursuant to this section shall be recognized in proceedings underthis act.
20-4-149. Child support orders for two or more obligees.
Inresponding to registrations or petitions for enforcement of two (2) or morechild support orders in effect at the same time with regard to the same obligorand different individual obligees, at least one (1) of which was issued by atribunal of another state, a tribunal of this state shall enforce those ordersin the same manner as if the multiple orders had been issued by a tribunal ofthis state.
20-4-150. Credit for payments.
Atribunal of this state shall credit amounts collected for a particular periodpursuant to any child support order against the amounts owed for the sameperiod under any other child support order for support of the same child issuedby a tribunal of this or another state.
20-4-151. Proceedings under the Uniform Interstate Family Support Act.
(a) Except as otherwise provided in this act, W.S. 20-4-151through 20-4-169 apply to all proceedings under the Uniform Interstate FamilySupport Act.
(b) Repealed By Laws 2005, ch. 103, 3.
(c) An individual petitioner or a support enforcement agencymay initiate a proceeding authorized under the act by filing a petition in aninitiating tribunal for forwarding to a responding tribunal or by filing apetition or a comparable pleading directly in a tribunal of another state whichhas or can obtain personal jurisdiction over the respondent.
20-4-152. Proceeding by minor parent.
Aminor 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'schild.
20-4-153. Application of law of this state.
(a) Except as otherwise provided in this act, a respondingtribunal of this state shall:
(i) Apply the procedural and substantive law generallyapplicable to similar proceedings originating in this state and may exerciseall powers and provide all remedies available in those proceedings; and
(ii) Determine the duty of support and the amount payable inaccordance 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, aninitiating tribunal of this state shall forward the petition and itsaccompanying documents:
(i) To the responding tribunal or appropriate supportenforcement agency in the responding state; or
(ii) If the identity of the responding tribunal is unknown, tothe state information agency of the responding state with a request that theybe forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of thisstate shall issue a certificate or other document and make findings required bythe law of the responding state. If the responding state is a foreign countryor political subdivision, upon request the tribunal shall specify the amount ofsupport sought, convert that amount into the equivalent amount in the foreigncurrency under applicable official or market exchange rate as publicly reportedand provide any other documents necessary to satisfy the requirements of theresponding state.
20-4-155. Duties and power of responding tribunal.
(a) When a responding tribunal of this state receives apetition or comparable pleading from initiating tribunal or directly pursuantto W.S. 20-4-151(c), it shall cause the petition or pleading to be filed andnotify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent notprohibited by other law, may do one (1) or more of the following:
(i) Issue or enforce a support order, modify a child supportorder, determine the controlling child support order or determine parentage;
(ii) Order an obligor to comply with a support order, specifyingthe amount and manner of compliance;
(iii) Order income withholding;
(iv) Determine the amount of any arrearages, and specify amethod 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 theobligor's current residential address, telephone number, employer, address ofemployment and telephone number at the place of employment;
(ix) Issue a bench warrant for an obligor who has failed afterproper notice to appear at a hearing ordered by the tribunal and enter thewarrant in any local and state computer system for criminal warrants;
(x) Order the obligor to seek appropriate employment byspecified methods;
(xi) Award reasonable attorney's fees and other fees and courtcosts;
(xii) Repealed By Laws 1998, ch. 97, 3.
(xiii) Grant any other available remedy.
(c) A responding tribunal of this state shall include in asupport order issued under the Uniform Interstate Family Support Act, or in thedocuments accompanying the order, the calculations on which the support orderis based.
(d) A responding tribunal of this state may not condition thepayment of a support order issued under this act upon compliance by a partywith provisions for visitation.
(e) If a responding tribunal of this state issues an orderunder this act, the tribunal shall send a copy of the order to the petitionerand the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrearages orjudgment, or modify a support order stated in a foreign currency, a tribunal ofthis state shall convert the amount stated in the foreign currency to theequivalent amount in dollars under the applicable official or market exchangerate as publicly reported.
20-4-156. Inappropriate tribunal.
Ifa petition or comparable pleading is received by an inappropriate tribunal ofthis state, the tribunal shall forward the pleading and accompanying documentto an appropriate tribunal in this state or another state and notify thepetitioner 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 isproviding services to the petitioner shall:
(i) Take all steps necessary to enable an appropriate tribunalin this state or another state to obtain jurisdiction over the respondent;
(ii) Request an appropriate tribunal to set a date, time andplace for a hearing;
(iii) Make a reasonable effort to obtain all relevantinformation, including information as to income and property of the parties;
(iv) Within five (5) days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written notice in a record from aninitiating, responding or registering tribunal, send a copy of the notice tothe petitioner;
(v) Within five (5) days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written communication in a record from therespondent or the respondent's attorney, send a copy of the communication tothe petitioner; and
(vi) Notify the petitioner if jurisdiction over the respondentcannot be obtained.
(c) This act does not create or negate a relationship ofattorney and client or other fiduciary relationship between a supportenforcement agency or the attorney for the agency and the individual beingassisted by the agency.
(d) A support enforcement agency of this state that requestsregistration of a child support order in this state for enforcement or formodification shall make reasonable efforts:
(i) To ensure that the order to be registered is thecontrolling order; or
(ii) If two (2) or more child support orders exist and theidentity of the controlling order has not been determined, to ensure that arequest 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 statedin a foreign currency shall convert the amounts stated in the foreign currencyinto the equivalent amounts in dollars under the applicable official or marketexchange rate as publicly reported.
(f) A support enforcement agency of this state shall request atribunal of this state to issue a child support order and an income withholdingorder that redirect payment of current support, arrearages and interest ifrequested to do so by a support enforcement agency of another state pursuant toW.S. 20-4-169.
20-4-158. Duty of attorney general.
(a) If the state attorney general determines that the supportenforcement agency is neglecting or refusing to provide services to anindividual, the attorney general may order the agency to perform its dutiesunder this act or may provide those services directly to the individual.
(b) The attorney general may determine that a foreign countryor political subdivision has established a reciprocal arrangement for childsupport with this state and take appropriate action for notification of thedetermination.
20-4-159. Private counsel.
Anindividual may employ private counsel to represent the individual inproceedings authorized by this act.
20-4-160. Duties of state information agency.
(a) The department of family services child support enforcementsection is the state information agency under this act.
(b) The state information agency shall:
(i) Compile and maintain a current list, including addresses,of the tribunals in this state which have jurisdiction under this act and anysupport enforcement agencies in this state and transmit a copy to the stateinformation agency of every other state;
(ii) Maintain a register of names and addresses of tribunals andsupport enforcement agencies received from other states;
(iii) Forward to the appropriate tribunal in the county in thisstate in which the obligee who is an individual or the obligor resides, or inwhich the obligor's property is believed to be located, all documentsconcerning a proceeding under this act received from an initiating tribunal orthe state information agency of the initiating state; and
(iv) Obtain information concerning the location of the obligorand the obligor's property within this state not exempt from execution, by suchmeans as postal verification and federal or state locator services, examinationof telephone directories, requests for the obligor's address from employer, andexamination of governmental records, including, to the extent not prohibited byother law, those relating to real property, vital statistics, law enforcement,taxation, motor vehicles, driver's licenses and social security.
20-4-161. Pleadings and accompanying documents.
(a) In a proceeding under this act, a petitioner seeking toestablish a support order, to determine parentage or to register and modify asupport order of another state shall file a petition. Unless otherwise orderedunder W.S. 20-4-162, the petition or accompanying document shall provide, sofar as known, the name, residential address and social security numbers of theobligor and the obligee or the parent and alleged parent, and the name, sex,residential address, social security number and date of birth of each child forwhose benefit support is sought or whose parentage is to be determined. Unlessfiled at the time of registration, the petition shall be accompanied by a copyof any support order known to have been issued by another tribunal. Thepetition or accompanying documents may include any other information that mayassist in locating or identifying the respondent.
(b) The petition shall specify the relief sought. The petitionand accompanying documents shall conform substantially with the requirementsimposed by the forms mandated by federal law for use in cases filed by asupport enforcement agency.
20-4-162. Nondisclosure of information in exceptional circumstances.
Ifa party alleges in an affidavit or a pleading under oath that the health,safety or liberty of a party or child would be jeopardized by disclosure ofspecific identifying information, that information shall be sealed and may notbe disclosed to the other party or the public. After a hearing in which atribunal takes into consideration the health, safety or liberty of the party orchild, the tribunal may order disclosure of information that the tribunaldetermines to be in the interest of justice.
20-4-163. Costs and fees.
(a) The petitioner may not be required to pay a filing fee orother cost.
(b) If an obligee prevails, a responding tribunal may assessagainst an obligor filing fees, reasonable attorney's fees, other costs and necessarytravel and other reasonable expenses incurred by the obligee and the obligee'switnesses. The tribunal may not assess fees, costs or expenses against theobligee or the support enforcement agency of either the initiating or theresponding state, except as provided by other law. Attorney's fees may betaxed as costs, and may be ordered paid directly to the attorney, who mayenforce the order in the attorney's own name. Payment of support owed to theobligee has priority over fees, costs and expenses.
(c) The tribunal shall order the payment of costs andreasonable attorney's fees if it determines that a hearing was requestedprimarily for delay. In a proceeding under W.S. 20-4-173 through 20-4-184, ahearing is presumed to have been requested primarily for delay if a registeredsupport order is confirmed or enforced without change.
20-4-164. Limited immunity of petitioner.
(a) Participation by a petitioner in a proceeding under thisact before a responding tribunal, whether in person, by private attorney, orthrough services provided by the support enforcement agency, does not conferpersonal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil processwhile physically present in this state to participate in a proceeding underthis act.
(c) The immunity granted by this section does not extend tocivil litigation based on acts unrelated to a proceeding under this actcommitted by a party while present in this state to participate in theproceeding.
20-4-165. Nonparentage as defense.
Aparty whose parentage of a child has been previously determined by or pursuantto law may not plead nonparentage as a defense to a proceeding under this act.
20-4-166. Special rules of evidence and procedure.
(a) The physical presence of a nonresident party who is anindividual in a tribunal of this state is not required for the establishment,enforcement or modification of a support order or the rendition of a judgmentdetermining parentage.
(b) An affidavit, a document substantially complying withfederally mandated forms or a document incorporated by reference in any ofthem, which would not be excluded under the hearsay rule if given in person, isadmissible in evidence if given under penalty of perjury or false swearing by aparty or witness residing in another state.
(c) A copy of the record of child support payments certified asa true copy of the original by the custodian of the record may be forwarded toa responding tribunal. The copy is evidence of facts asserted in it, and isadmissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenataland postnatal health care of the mother and child, furnished to the adverseparty at least ten (10) days before trial, are admissible in evidence to provethe amount of the charges billed and that the charges were reasonable,necessary and customary.
(e) Documentary evidence transmitted from another state to atribunal of this state by telephone, telecopier, or other means that do notprovide an original record may not be excluded from evidence on an objectionbased on the means of transmission.
(f) In a proceeding under this act, a tribunal of this stateshall permit a party or witness residing in another state to be deposed or totestify by telephone, audiovisual means or other electronic means at adesignated tribunal or other location in that state. A tribunal of this stateshall cooperate with tribunals of other states in designating an appropriatelocation for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses toanswer on the ground that the testimony may be self-incriminating, the trier offact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications betweenspouses does not apply in a proceeding under the act.
(j) The defense of immunity based on the relationship ofhusband and wife or parent and child does not apply in a proceeding under thisact.
(k) A voluntary acknowledgment of paternity, certified as atrue copy, is admissible to establish parentage of the child.
20-4-167. Communications between tribunals.
Atribunal of this state may communicate with a tribunal of another state orforeign country or political subdivision in a record, or by telephone or othermeans, to obtain information concerning the laws, the legal affect of ajudgment, decree or order of that tribunal, and the status of a proceeding inthe other state or foreign country or political subdivision. A tribunal ofthis state may furnish similar information by similar means to a tribunal ofanother state or foreign country or political subdivision.
20-4-168. Assistance with discovery.
(a) A tribunal of this state may:
(i) Request a tribunal of another state to assist in obtainingdiscovery; and
(ii) Upon request, compel a person over whom it has jurisdictionto respond to a discovery order issued by a tribunal of another state.
20-4-169. Receipt and disbursement of payments.
(a) A support enforcement agency or tribunal of this stateshall disburse promptly any amounts received pursuant to a support order, asdirected by the order. The agency or tribunal shall furnish to a requestingparty or tribunal of another state a certified statement by the custodian ofthe record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is anindividual, nor the child resides in this state, upon request from the supportenforcement agency of this state or another state, a tribunal of this stateshall:
(i) Direct that the support payment be made to the supportenforcement agency in the state in which the obligee is receiving services; and
(ii) Issue and send to the obligor's employer a conformingincome withholding order or an administrative notice of change of payee,reflecting the redirected payments.
(c) The support enforcement agency of this state receivingredirected payments from another state pursuant to a law similar to subsection(b) of this section shall furnish to a requesting party or tribunal of theother state a certified statement by the custodian of the record of the amountand dates of all payments received.
20-4-170. Petition to establish support order.
(a) If a support order entitled to recognition under this acthas not been issued, a responding tribunal of this state may issue a supportorder if:
(i) The individual seeking the order resides in another state;or
(ii) The support enforcement agency seeking the order is locatedin another state.
(b) The tribunal may issue a temporary child support order ifthe tribunal determines that the order is appropriate and the individualordered to pay is:
(i) A presumed father of the child;
(ii) Petitioning to have his paternity adjudicated;
(iii) Identified as the father of the child through genetictesting;
(iv) An alleged father who has declined to submit to genetictesting;
(v) Shown by clear and convincing evidence to be the father ofthe child;
(vi) An acknowledged father as provided by W.S. 14-2-601 etseq.;
(vii) The mother of the child; or
(viii) An individual who has been ordered to pay child support ina previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard,that an obligor owes a duty of support, the tribunal shall issue a supportorder directed to the obligor and may issue other orders pursuant to W.S.20-4-155.
20-4-171. Employer's receipt of income withholding order of anotherstate; employer's compliance with income withholding order of another state;compliance with multiple income withholding orders.
(a) An income withholding order issued in another state may besent by or on behalf of the obligee, or by the support enforcement agency tothe person defined as the obligor's employer under W.S. 20-6-201 through20-6-222 without first filing a petition or comparable pleading or registeringthe order with a tribunal of this state.
(i) Repealed By Laws 1998, ch. 97, 3.
(ii) Repealed By Laws 1998, ch. 97, 3.
(iii) Repealed By Laws 1998, ch. 97, 3.
(b) Repealed By Laws 1998, ch. 97, 3.
(c) Upon receipt of an income withholding order, the obligor'semployer shall immediately provide a copy of the order to the obligor.
(d) The employer shall treat an income withholding order issuedin another state which appears regular on its face as if it had been issued bya tribunal of this state.
(e) Except as otherwise provided in subsections (f) and (g) ofthis section, the employer shall withhold and distribute the funds as directedin the withholding order by complying with terms of the order which specify:
(i) The duration and amount of periodic payments of currentchild support, stated as a sum certain;
(ii) The person designated to receive payments and the addressto which the payments are to be forwarded;
(iii) Medical support, whether in the form of periodic cashpayment, stated as a sum certain, or ordering the obligor to provide healthinsurance coverage for the child under a policy available through the obligor'semployment;
(iv) The amount of periodic payments of fees and costs for asupport enforcement agency, the issuing tribunal, and the obligee's attorney,stated as sums certain; and
(v) The amount of periodic payments of arrearages and intereston arrearages, stated as sums certain.
(f) An employer shall comply with the law of the state of theobligor's principal place of employment for withholding from income withrespect to:
(i) The employer's fee for processing an income withholdingorder;
(ii) The maximum amount permitted to be withheld from theobligor's income; and
(iii) The times within which the employer shall implement thewithholding order and forward the child support payment.
(g) If an obligor's employer receives two (2) or more incomewithholding orders with respect to the earnings of the same obligor, theemployer satisfies the terms of the orders if the employer complies with thelaw of the state of the obligor's principal place of employment to establishthe priorities for withholding and allocating income withheld for two (2) ormore child support obligees.
20-4-172. Administrative enforcement of orders.
(a) A party or support enforcement agency seeking to enforce asupport order or an income withholding order, or both, issued by a tribunal ofanother state may send the documents required for registering the order to asupport enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcementagency, without initially seeking to register the order, shall consider and, ifappropriate, use any administrative procedure authorized by the law of thisstate to enforce a support order or an income withholding order, or both. Ifthe obligor does not contest administrative enforcement, the order need not beregistered. If the obligor contests the validity or administrative enforcementof the order, the support enforcement agency shall register the order pursuantto the Uniform Interstate Family Support Act.
(c) The department of family services shall adopt rules andregulations consistent with federal requirements to implement this section.
20-4-173. Registration of order for enforcement.
Asupport order or income withholding order issued by a tribunal of another statemay be registered in this state for enforcement.
20-4-174. Procedure to register order for enforcement.
(a) A support order or an income withholding order of anotherstate may be registered in this state by sending the following records andinformation to the appropriate tribunal in this state:
(i) A letter of transmittal to the tribunal requestingregistration and enforcement;
(ii) Two (2) copies, including one (1) certified copy, of theorder to be registered, including any modification of the order;
(iii) A sworn statement by the person requesting registration ora certified statement by the custodian of the records showing the amount of anyarrearage;
(iv) The name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) The name and address of the obligor's employer or otherpayor and any other source of income of the obligor; and
(C) A description and the location of property of the obligorin this state not exempt from execution.
(D) Repealed By Laws 1998, ch. 97, 3.
(v) Except as otherwise provided in W.S. 20-4-162, the name andaddress of the obligee and, if applicable, the person to whom support paymentsare to be remitted.
(b) On receipt of a request for registration, the registeringtribunal shall cause the order to be filed as a foreign judgment, together withone (1) copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy thatshall be affirmatively sought under other law of this state may be filed at thesame time as the request for registration, or later. The pleading shall specifythe grounds for the remedy sought.
(d) If two (2) or more orders are in effect, the personrequesting registration shall:
(i) Furnish to the tribunal a copy of every support orderasserted to be in effect in addition to the documents specified in thissection;
(ii) Specify the order alleged to be the controlling order, ifany; and
(iii) Specify the amount of consolidated arrearages, if any.
(e) A request for a determination of which is the controllingorder may be filed separately or with a request for registration andenforcement or for registration and modification. The person requesting registrationshall give notice of the request to each party whose rights may be affected bythe determination.
20-4-175. Effect of registration for enforcement.
(a) A support order or income withholding order issued inanother state is registered when the order is filed in the registering tribunalof this state.
(b) A registered order issued in another state is enforceablein the same manner and is subject to the same procedures as an order issued bya tribunal of this state.
(c) Except as otherwise provided in W.S. 20-4-173 through20-4-184, a tribunal of this state shall recognize and enforce, but shall notmodify, a registered order if the issuing tribunal had jurisdiction.
20-4-176. Choice of law.
(a) Except as otherwise provided in subsection (d) of thissection, the law of the issuing state governs:
(i) The nature, extent, amount and duration of current paymentsunder a registered support order;
(ii) The computation and payment of arrearages and accrual ofinterest on the arrearages under the support order; and
(iii) The existence and satisfaction of other obligations underthe support order.
(b) In a proceeding for arrearages under a registered supportorder, the statute of limitation of this state or of the issuing state,whichever is longer, applies.
(c) A responding tribunal of this state shall apply theprocedures and remedies of this state to enforce current support and collectarrearages and interest due on a support order of another state registered inthis state.
(d) After a tribunal of this or another state determines whichis the controlling order and issues an order consolidating arrearages, if any,a tribunal of this state shall prospectively apply the law of the state issuingthe controlling order, including its law on interest on arrearages, on currentand future support, and on consolidated arrearages.
20-4-177. Notice of registration of order.
(a) When a support order or income withholding order issued inanother state is registered, the registering tribunal shall notify thenonregistering party. The notice shall be accompanied by a copy of theregistered order and the documents and relevant information accompanying theorder.
(b) A notice shall inform the nonregistering party:
(i) That a registered order is enforceable as of the date ofregistration in the same manner as an order issued by a tribunal of this state;
(ii) That a hearing to contest the validity or enforcement ofthe registered order shall be requested within twenty (20) days after the dateof mailing or personal service of the notice;
(iii) That failure to contest the validity or enforcement of theregistered order in a timely manner will result in confirmation of the orderand enforcement of the order and the alleged arrearages and precludes furthercontest of that order with respect to any matter that could have been asserted;and
(iv) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two (2) or moreorders are in effect, a notice shall also:
(i) Identify the two (2) or more orders and the order allegedby the registering person to be the controlling order and the consolidatedarrearages, if any;
(ii) Notify the nonregistering party of the right to adetermination of which is the controlling order;
(iii) State that the procedures provided in subsection (b) ofthis section apply to the determination of which is the controlling order; and
(iv) State that failure to contest the validity or enforcementof the order alleged to be the controlling order in a timely manner may resultin confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order forenforcement, the registering tribunal shall notify the obligor's employerpursuant to W.S. 20-6-201 through 20-6-222.
20-4-178. Procedure to contest validity or enforcement of registeredorder.
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Thisact may be cited as the "Uniform Interstate Family Support Act."
20-4-140. Definitions.
(a) As used in this act:
(i) "Child" means an individual, whether over orunder the age of majority, who is or is alleged to be owed a duty of support bythe individual's parent who is or is alleged to be the beneficiary of a supportorder directed to the parent;
(ii) "Child support order" means a support order for achild, including a child who has attained the age of majority under the law ofthe issuing state;
(iii) "Duty of support" means an obligation imposed orimposable by law to provide support for a child, spouse or former spouse,including an unsatisfied obligation to provide support;
(iv) "Home state" means the state in which a childlived with a parent or a person acting as a parent for at least six (6)consecutive months immediately preceding the time of filing of a petition orcomparable pleading for support and, if a child less than six (6) months old,the state in which the child lived from birth with any of them. A period oftemporary absence of any of them is counted as part of the six (6) month orother period;
(v) "Income" includes earnings or other periodic entitlementsto money from any source and any other property subject to withholding forsupport under the law of this state;
(vi) "Income withholding order" means an order orother legal process directed to an obligor's employer or other payor, as definedby the Income Withholding Act, W.S. 20-6-201 through 20-6-222, to withholdsupport from the income of the obligor;
(vii) "Initiating state" means a state from which aproceeding is filed for forwarding to a responding state under the UniformInterstate Family Support Act or a law or procedure substantially similar tothis act;
(viii) "Initiating tribunal" means the authorizedtribunal in an initiating state;
(ix) "Issuing state" means the state in which atribunal issues a support order or renders a judgment determining parentage;
(x) "Issuing tribunal" means the tribunal that issuesa support order or renders a judgment determining parentage;
(xi) "Obligee" means:
(A) An individual to whom a duty of support is or is alleged tobe owed or in whose favor a support order has been issued or a judgmentdetermining parentage has been rendered;
(B) A state or political subdivision to which the rights undera duty of support or support order have been assigned or which has independentclaims based on financial assistance provided to an individual obligee; or
(C) An individual seeking a judgment determining parentage ofthe individual's child.
(xii) "Obligor" means an individual, or the estate of adecedent:
(A) Who owes or is alleged to owe a duty of support;
(B) Who is alleged but has not been adjudicated to be a parentof a child; or
(C) Who is liable under a support order.
(xiii) "Register" means to record or file a supportorder or judgment determining parentage in the appropriate location for therecording or filing of foreign judgments generally or foreign support ordersspecifically;
(xiv) "Registering tribunal" means a tribunal in whicha support order is registered;
(xv) "Responding state" means a state in which a proceedingis filed or to which a proceeding is forwarded for filing from an initiatingstate under the Uniform Interstate Family Support Act or a law or proceduresubstantially similar to this act;
(xvi) "Responding tribunal" means the authorized tribunalin a responding state;
(xvii) "Spousal support order" means a support order fora spouse or former spouse of the obligor;
(xviii) "State" means a state of the United States, theDistrict of Columbia, the United States Virgin Islands, or any territory orinsular possession subject to the jurisdiction of the United States. The termincludes:
(A) An Indian tribe; and
(B) A foreign country or political subdivision that:
(I) Has been declared to be a foreign reciprocating country orpolitical subdivision under federal law;
(II) Has established a reciprocal arrangement for child supportwith this state as provided in W.S. 20-4-158;
(III) Has enacted a law or established procedures for issuanceand enforcement of support orders which are substantially similar to theprocedures under this act.
(xix) "Support enforcement agency" means a publicofficial or agency authorized to seek:
(A) Enforcement of support orders or laws relating to the dutyof support;
(B) Establishment or modification of child support;
(C) Determination of parentage;
(D) Location of obligors or their assets; or
(E) Determination of the controlling child support order.
(xx) "Support order" means a judgment, decree, orderor directive, whether temporary, final, or subject to modification, issued by atribunal for the benefit of a child, a spouse, or a former spouse, whichprovides for monetary support, health care, arrearages or reimbursement, andmay include related costs and fees, interest, income withholding, attorney'sfees, and other relief;
(xxi) "Tribunal" means a court, administrative agencyor quasi-judicial entity authorized to establish, enforce or modify supportorders or to determine parentage. For purposes of establishing, enforcing ormodifying support orders or determining parentage in Wyoming, tribunal meansonly the district court;
(xxii) "This act" means W.S. 20-4-139 through 20-4-197;
(xxiii) "IV-D agency" means the department of familyservices;
(xxiv) "Law" includes decisional and statutory law andrules and regulations having the force of law;
(xxv) "Person" means an individual, corporation,business trust, estate, trust, partnership, limited liability company,association, joint venture, government, governmental subdivision, agency, orinstrumentality, public corporation or any other legal or commercial entity;
(xxvi) "Record" means information that is inscribed on atangible medium or that is stored in an electronic or other medium and isretrievable in a perceivable form.
20-4-141. Remedies cumulative.
(a) Remedies provided by the Uniform Interstate Family SupportAct are cumulative and do not affect the availability of remedies under otherlaw, including the recognition of a support order of a foreign country orpolitical subdivision on the basis of comity.
(b) This act does not:
(i) Provide the exclusive method of establishing or enforcing asupport order under the law of this state; or
(ii) Grant a tribunal of this state jurisdiction to renderjudgment or issue an order relating to child custody or visitation under thisact.
20-4-142. Basis for jurisdiction over nonresident.
(a) In a proceeding to establish or enforce a support order orto determine parentage, a tribunal of this state may exercise personal jurisdictionover a nonresident individual or the individual's guardian or conservator if:
(i) The individual is personally served with notice within thestate;
(ii) The individual submits to the jurisdiction of this state byconsent, by entering a general appearance, or by filing a responsive documenthaving the effect of waiving any contest to personal jurisdiction;
(iii) The individual resided with the child in this state;
(iv) The individual resided in this state and provided prenatalexpenses or support for the child;
(v) The child resides in this state as a result of the act ordirectives of the individual;
(vi) The individual engaged in sexual intercourse in this stateand the child may have been conceived by that act of intercourse;
(vii) The individual asserted parentage in this state pursuant toW.S. 14-2-401 through 14-2-907;
(viii) There is any other basis consistent with the constitutionsof this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection(a) of this section or in any other law of this state may not be used toacquire personal jurisdiction for a tribunal of this state to modify a childsupport order of another state unless the requirements of W.S. 20-4-183 or20-4-197 are met.
20-4-143. Procedure when exercising jurisdiction over nonresident.
Personaljurisdiction acquired by a tribunal of this state in a proceeding under thisact or other law of this state relating to a support order continues as long asa tribunal of this state has continuing, exclusive jurisdiction to modify itsorder or continuing jurisdiction to enforce its order as provided by W.S.20-4-146, 20-4-147 and 20-4-196.
20-4-144. Initiating and responding tribunal of this state.
Underthe Uniform Interstate Family Support Act, a tribunal of this state may serveas an initiating tribunal to forward proceedings to another state and as aresponding tribunal for proceedings initiated in another state.
20-4-145. Simultaneous proceedings.
(a) A tribunal of this state may exercise jurisdiction toestablish a support order if the petition or comparable pleading is filed aftera pleading is filed in another state only if:
(i) The petition or comparable pleading in this state is filedbefore the expiration of the time allowed in the other state for filing aresponsive pleading challenging the exercise of jurisdiction by the otherstate;
(ii) The contesting party timely challenges the exercise ofjurisdiction in the other state; and
(iii) If relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction toestablish a support order if the petition or comparable pleading is filedbefore a petition or comparable pleading is filed in another state if:
(i) The petition or comparable pleading in the other state isfiled before the expiration of the time allowed in this state for filing aresponsive pleading challenging the exercise of jurisdiction by this state;
(ii) The contesting party timely challenges the exercise ofjurisdiction in this state;
(iii) If relevant, the other state is the home state of thechild.
20-4-146. Continuing exclusive jurisdiction.
(a) A tribunal of this state that has issued a child supportorder consistent with the law of this state has, and shall exercise,continuing, exclusive jurisdiction to modify its child support order if theorder is the controlling order and:
(i) At the time of filing of a request for modification, thisstate is the residence of the obligor, the individual obligee or the child forwhose benefit the support order is issued; or
(ii) Even if this state is not the residence of the obligor, theindividual obligee or the child for whose benefit the support order is issued,the parties consent in a record or in open court that the tribunal of thisstate may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child supportorder consistent with the law of this state may not exercise continuing,exclusive jurisdiction to modify the order if:
(i) All the parties who are individuals file consent in arecord with the tribunal of this state that a tribunal of another state thathas jurisdiction over at least one (1) of the parties, who is an individual orthat is located in the state of residence of the child, may modify the orderand assume continuing, exclusive jurisdiction; or
(ii) Its order is not the controlling order.
(c) Repealed By Laws 2005, ch. 103, 3.
(d) If a tribunal of another state has issued a child supportorder pursuant to the Uniform Interstate Family Support Act or a lawsubstantially similar to that act which modifies a child support order of atribunal of this state, tribunals of this state shall recognize the continuing,exclusive jurisdiction of the tribunal of the other state.
(e) A temporary support order issued ex parte or pendingresolution of a jurisdictional conflict does not create continuing, exclusivejurisdiction in the issuing tribunal.
(f) Repealed By Laws 2005, ch. 103, 3.
(g) A tribunal of this state that lacks continuing, exclusivejurisdiction to modify a child support order may serve as an initiatingtribunal of another state to modify a support order issued in that state.
20-4-147. Continuing jurisdiction to enforce a child support order.
(a) A tribunal of this state that has issued a child supportorder consistent with the law of this state may serve as an initiating tribunalto request a tribunal of another state to enforce:
(i) The order if the order is the controlling order and has notbeen modified by a tribunal of another state that assumed jurisdiction pursuantto the Uniform Interstate Family Support Act; or
(ii) A money judgment for arrearages of support and interest onthe order accrued before a determination that an order of another state is thecontrolling order.
(b) A tribunal of this state having continuing jurisdictionover a support order may act as a responding tribunal to enforce the order.
(c) Repealed By Laws 2005, ch. 103, 3.
20-4-148. Determination 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 controlsand shall be so recognized.
(i) Repealed By Laws 1998, ch. 97, 3.
(ii) Repealed By Laws 1998, ch. 97, 3.
(iii) Repealed By Laws 1998, ch. 97, 3.
(iv) Repealed By Laws 1998, ch. 97, 3.
(b) If a proceeding is brought under this act, and two (2) ormore child support orders have been issued by tribunals of this state oranother state with regard to the same obligor and same child, a tribunal ofthis state having personal jurisdiction over both the obligor and individualobligee shall apply the following rules and by order shall determine whichorder controls:
(i) If only one (1) of the tribunals would have continuing,exclusive jurisdiction under this act, the order of that tribunal controls andshall be so recognized;
(ii) If more than one (1) of the tribunals would havecontinuing, exclusive jurisdiction under this act:
(A) An order issued by a tribunal in the current home state ofthe child controls; but
(B) If an order has not been issued in the current home stateof the child, the order most recently issued controls.
(iii) If none of the tribunals would have continuing, exclusivejurisdiction under this act, the tribunal of this state shall issue a childsupport order, which controls.
(c) If two (2) or more child support orders have been issuedfor the same obligor and same child, upon request of a party who is anindividual or a support enforcement agency, a tribunal of this state havingpersonal jurisdiction over both the obligor and the obligee who is anindividual shall determine which order controls under subsection (b) of thissection. This request may be filed with a registration for enforcement orregistration for modification pursuant to W.S. 20-4-173 through 20-4-184,20-4-193, 20-4-194 and 20-4-197, or may be filed as a separate proceeding.
(d) The tribunal that issued the controlling order undersubsection (a), (b) or (c) of this section has continuing jurisdiction to theextent provided in W.S. 20-4-146 or 20-4-147.
(e) A tribunal of this state that determines by order which isthe controlling order under paragraph (b)(i) or (ii) or subsection (c) of thissection or that issues a new controlling order under paragraph (b)(iii) of thissection shall state in that order:
(i) The basis upon which the tribunal made its determination;
(ii) The amount of prospective support, if any; and
(iii) The total amount of consolidated arrearages and accruedinterest, if any, under all of the orders after all payments made are creditedas provided by W.S. 20-4-150.
(f) Within thirty (30) days after issuance of an orderdetermining which is the controlling order, the party obtaining the order shallfile a certified copy of the order in each tribunal that issued or registeredan earlier order of child support. A party or support enforcement agencyobtaining the order that fails to file a certified copy is subject toappropriate sanctions by a tribunal in which the issue of failure to filearises. The failure to file does not affect the validity or enforceability ofthe controlling order.
(g) A request to determine which is the controlling order shallbe accompanied by a copy of every child support order in effect and theapplicable record of payments. The requesting party shall give notice of therequest to each party whose rights may be affected by the determination.
(h) An order that has been determined to be the controllingorder, or a judgment for consolidated arrearages of support and interest, ifany, made pursuant to this section shall be recognized in proceedings underthis act.
20-4-149. Child support orders for two or more obligees.
Inresponding to registrations or petitions for enforcement of two (2) or morechild support orders in effect at the same time with regard to the same obligorand different individual obligees, at least one (1) of which was issued by atribunal of another state, a tribunal of this state shall enforce those ordersin the same manner as if the multiple orders had been issued by a tribunal ofthis state.
20-4-150. Credit for payments.
Atribunal of this state shall credit amounts collected for a particular periodpursuant to any child support order against the amounts owed for the sameperiod under any other child support order for support of the same child issuedby a tribunal of this or another state.
20-4-151. Proceedings under the Uniform Interstate Family Support Act.
(a) Except as otherwise provided in this act, W.S. 20-4-151through 20-4-169 apply to all proceedings under the Uniform Interstate FamilySupport Act.
(b) Repealed By Laws 2005, ch. 103, 3.
(c) An individual petitioner or a support enforcement agencymay initiate a proceeding authorized under the act by filing a petition in aninitiating tribunal for forwarding to a responding tribunal or by filing apetition or a comparable pleading directly in a tribunal of another state whichhas or can obtain personal jurisdiction over the respondent.
20-4-152. Proceeding by minor parent.
Aminor 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'schild.
20-4-153. Application of law of this state.
(a) Except as otherwise provided in this act, a respondingtribunal of this state shall:
(i) Apply the procedural and substantive law generallyapplicable to similar proceedings originating in this state and may exerciseall powers and provide all remedies available in those proceedings; and
(ii) Determine the duty of support and the amount payable inaccordance 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, aninitiating tribunal of this state shall forward the petition and itsaccompanying documents:
(i) To the responding tribunal or appropriate supportenforcement agency in the responding state; or
(ii) If the identity of the responding tribunal is unknown, tothe state information agency of the responding state with a request that theybe forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If requested by the responding tribunal, a tribunal of thisstate shall issue a certificate or other document and make findings required bythe law of the responding state. If the responding state is a foreign countryor political subdivision, upon request the tribunal shall specify the amount ofsupport sought, convert that amount into the equivalent amount in the foreigncurrency under applicable official or market exchange rate as publicly reportedand provide any other documents necessary to satisfy the requirements of theresponding state.
20-4-155. Duties and power of responding tribunal.
(a) When a responding tribunal of this state receives apetition or comparable pleading from initiating tribunal or directly pursuantto W.S. 20-4-151(c), it shall cause the petition or pleading to be filed andnotify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent notprohibited by other law, may do one (1) or more of the following:
(i) Issue or enforce a support order, modify a child supportorder, determine the controlling child support order or determine parentage;
(ii) Order an obligor to comply with a support order, specifyingthe amount and manner of compliance;
(iii) Order income withholding;
(iv) Determine the amount of any arrearages, and specify amethod 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 theobligor's current residential address, telephone number, employer, address ofemployment and telephone number at the place of employment;
(ix) Issue a bench warrant for an obligor who has failed afterproper notice to appear at a hearing ordered by the tribunal and enter thewarrant in any local and state computer system for criminal warrants;
(x) Order the obligor to seek appropriate employment byspecified methods;
(xi) Award reasonable attorney's fees and other fees and courtcosts;
(xii) Repealed By Laws 1998, ch. 97, 3.
(xiii) Grant any other available remedy.
(c) A responding tribunal of this state shall include in asupport order issued under the Uniform Interstate Family Support Act, or in thedocuments accompanying the order, the calculations on which the support orderis based.
(d) A responding tribunal of this state may not condition thepayment of a support order issued under this act upon compliance by a partywith provisions for visitation.
(e) If a responding tribunal of this state issues an orderunder this act, the tribunal shall send a copy of the order to the petitionerand the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrearages orjudgment, or modify a support order stated in a foreign currency, a tribunal ofthis state shall convert the amount stated in the foreign currency to theequivalent amount in dollars under the applicable official or market exchangerate as publicly reported.
20-4-156. Inappropriate tribunal.
Ifa petition or comparable pleading is received by an inappropriate tribunal ofthis state, the tribunal shall forward the pleading and accompanying documentto an appropriate tribunal in this state or another state and notify thepetitioner 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 isproviding services to the petitioner shall:
(i) Take all steps necessary to enable an appropriate tribunalin this state or another state to obtain jurisdiction over the respondent;
(ii) Request an appropriate tribunal to set a date, time andplace for a hearing;
(iii) Make a reasonable effort to obtain all relevantinformation, including information as to income and property of the parties;
(iv) Within five (5) days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written notice in a record from aninitiating, responding or registering tribunal, send a copy of the notice tothe petitioner;
(v) Within five (5) days, exclusive of Saturdays, Sundays andlegal holidays, after receipt of a written communication in a record from therespondent or the respondent's attorney, send a copy of the communication tothe petitioner; and
(vi) Notify the petitioner if jurisdiction over the respondentcannot be obtained.
(c) This act does not create or negate a relationship ofattorney and client or other fiduciary relationship between a supportenforcement agency or the attorney for the agency and the individual beingassisted by the agency.
(d) A support enforcement agency of this state that requestsregistration of a child support order in this state for enforcement or formodification shall make reasonable efforts:
(i) To ensure that the order to be registered is thecontrolling order; or
(ii) If two (2) or more child support orders exist and theidentity of the controlling order has not been determined, to ensure that arequest 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 statedin a foreign currency shall convert the amounts stated in the foreign currencyinto the equivalent amounts in dollars under the applicable official or marketexchange rate as publicly reported.
(f) A support enforcement agency of this state shall request atribunal of this state to issue a child support order and an income withholdingorder that redirect payment of current support, arrearages and interest ifrequested to do so by a support enforcement agency of another state pursuant toW.S. 20-4-169.
20-4-158. Duty of attorney general.
(a) If the state attorney general determines that the supportenforcement agency is neglecting or refusing to provide services to anindividual, the attorney general may order the agency to perform its dutiesunder this act or may provide those services directly to the individual.
(b) The attorney general may determine that a foreign countryor political subdivision has established a reciprocal arrangement for childsupport with this state and take appropriate action for notification of thedetermination.
20-4-159. Private counsel.
Anindividual may employ private counsel to represent the individual inproceedings authorized by this act.
20-4-160. Duties of state information agency.
(a) The department of family services child support enforcementsection is the state information agency under this act.
(b) The state information agency shall:
(i) Compile and maintain a current list, including addresses,of the tribunals in this state which have jurisdiction under this act and anysupport enforcement agencies in this state and transmit a copy to the stateinformation agency of every other state;
(ii) Maintain a register of names and addresses of tribunals andsupport enforcement agencies received from other states;
(iii) Forward to the appropriate tribunal in the county in thisstate in which the obligee who is an individual or the obligor resides, or inwhich the obligor's property is believed to be located, all documentsconcerning a proceeding under this act received from an initiating tribunal orthe state information agency of the initiating state; and
(iv) Obtain information concerning the location of the obligorand the obligor's property within this state not exempt from execution, by suchmeans as postal verification and federal or state locator services, examinationof telephone directories, requests for the obligor's address from employer, andexamination of governmental records, including, to the extent not prohibited byother law, those relating to real property, vital statistics, law enforcement,taxation, motor vehicles, driver's licenses and social security.
20-4-161. Pleadings and accompanying documents.
(a) In a proceeding under this act, a petitioner seeking toestablish a support order, to determine parentage or to register and modify asupport order of another state shall file a petition. Unless otherwise orderedunder W.S. 20-4-162, the petition or accompanying document shall provide, sofar as known, the name, residential address and social security numbers of theobligor and the obligee or the parent and alleged parent, and the name, sex,residential address, social security number and date of birth of each child forwhose benefit support is sought or whose parentage is to be determined. Unlessfiled at the time of registration, the petition shall be accompanied by a copyof any support order known to have been issued by another tribunal. Thepetition or accompanying documents may include any other information that mayassist in locating or identifying the respondent.
(b) The petition shall specify the relief sought. The petitionand accompanying documents shall conform substantially with the requirementsimposed by the forms mandated by federal law for use in cases filed by asupport enforcement agency.
20-4-162. Nondisclosure of information in exceptional circumstances.
Ifa party alleges in an affidavit or a pleading under oath that the health,safety or liberty of a party or child would be jeopardized by disclosure ofspecific identifying information, that information shall be sealed and may notbe disclosed to the other party or the public. After a hearing in which atribunal takes into consideration the health, safety or liberty of the party orchild, the tribunal may order disclosure of information that the tribunaldetermines to be in the interest of justice.
20-4-163. Costs and fees.
(a) The petitioner may not be required to pay a filing fee orother cost.
(b) If an obligee prevails, a responding tribunal may assessagainst an obligor filing fees, reasonable attorney's fees, other costs and necessarytravel and other reasonable expenses incurred by the obligee and the obligee'switnesses. The tribunal may not assess fees, costs or expenses against theobligee or the support enforcement agency of either the initiating or theresponding state, except as provided by other law. Attorney's fees may betaxed as costs, and may be ordered paid directly to the attorney, who mayenforce the order in the attorney's own name. Payment of support owed to theobligee has priority over fees, costs and expenses.
(c) The tribunal shall order the payment of costs andreasonable attorney's fees if it determines that a hearing was requestedprimarily for delay. In a proceeding under W.S. 20-4-173 through 20-4-184, ahearing is presumed to have been requested primarily for delay if a registeredsupport order is confirmed or enforced without change.
20-4-164. Limited immunity of petitioner.
(a) Participation by a petitioner in a proceeding under thisact before a responding tribunal, whether in person, by private attorney, orthrough services provided by the support enforcement agency, does not conferpersonal jurisdiction over the petitioner in another proceeding.
(b) A petitioner is not amenable to service of civil processwhile physically present in this state to participate in a proceeding underthis act.
(c) The immunity granted by this section does not extend tocivil litigation based on acts unrelated to a proceeding under this actcommitted by a party while present in this state to participate in theproceeding.
20-4-165. Nonparentage as defense.
Aparty whose parentage of a child has been previously determined by or pursuantto law may not plead nonparentage as a defense to a proceeding under this act.
20-4-166. Special rules of evidence and procedure.
(a) The physical presence of a nonresident party who is anindividual in a tribunal of this state is not required for the establishment,enforcement or modification of a support order or the rendition of a judgmentdetermining parentage.
(b) An affidavit, a document substantially complying withfederally mandated forms or a document incorporated by reference in any ofthem, which would not be excluded under the hearsay rule if given in person, isadmissible in evidence if given under penalty of perjury or false swearing by aparty or witness residing in another state.
(c) A copy of the record of child support payments certified asa true copy of the original by the custodian of the record may be forwarded toa responding tribunal. The copy is evidence of facts asserted in it, and isadmissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenataland postnatal health care of the mother and child, furnished to the adverseparty at least ten (10) days before trial, are admissible in evidence to provethe amount of the charges billed and that the charges were reasonable,necessary and customary.
(e) Documentary evidence transmitted from another state to atribunal of this state by telephone, telecopier, or other means that do notprovide an original record may not be excluded from evidence on an objectionbased on the means of transmission.
(f) In a proceeding under this act, a tribunal of this stateshall permit a party or witness residing in another state to be deposed or totestify by telephone, audiovisual means or other electronic means at adesignated tribunal or other location in that state. A tribunal of this stateshall cooperate with tribunals of other states in designating an appropriatelocation for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses toanswer on the ground that the testimony may be self-incriminating, the trier offact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications betweenspouses does not apply in a proceeding under the act.
(j) The defense of immunity based on the relationship ofhusband and wife or parent and child does not apply in a proceeding under thisact.
(k) A voluntary acknowledgment of paternity, certified as atrue copy, is admissible to establish parentage of the child.
20-4-167. Communications between tribunals.
Atribunal of this state may communicate with a tribunal of another state orforeign country or political subdivision in a record, or by telephone or othermeans, to obtain information concerning the laws, the legal affect of ajudgment, decree or order of that tribunal, and the status of a proceeding inthe other state or foreign country or political subdivision. A tribunal ofthis state may furnish similar information by similar means to a tribunal ofanother state or foreign country or political subdivision.
20-4-168. Assistance with discovery.
(a) A tribunal of this state may:
(i) Request a tribunal of another state to assist in obtainingdiscovery; and
(ii) Upon request, compel a person over whom it has jurisdictionto respond to a discovery order issued by a tribunal of another state.
20-4-169. Receipt and disbursement of payments.
(a) A support enforcement agency or tribunal of this stateshall disburse promptly any amounts received pursuant to a support order, asdirected by the order. The agency or tribunal shall furnish to a requestingparty or tribunal of another state a certified statement by the custodian ofthe record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is anindividual, nor the child resides in this state, upon request from the supportenforcement agency of this state or another state, a tribunal of this stateshall:
(i) Direct that the support payment be made to the supportenforcement agency in the state in which the obligee is receiving services; and
(ii) Issue and send to the obligor's employer a conformingincome withholding order or an administrative notice of change of payee,reflecting the redirected payments.
(c) The support enforcement agency of this state receivingredirected payments from another state pursuant to a law similar to subsection(b) of this section shall furnish to a requesting party or tribunal of theother state a certified statement by the custodian of the record of the amountand dates of all payments received.
20-4-170. Petition to establish support order.
(a) If a support order entitled to recognition under this acthas not been issued, a responding tribunal of this state may issue a supportorder if:
(i) The individual seeking the order resides in another state;or
(ii) The support enforcement agency seeking the order is locatedin another state.
(b) The tribunal may issue a temporary child support order ifthe tribunal determines that the order is appropriate and the individualordered to pay is:
(i) A presumed father of the child;
(ii) Petitioning to have his paternity adjudicated;
(iii) Identified as the father of the child through genetictesting;
(iv) An alleged father who has declined to submit to genetictesting;
(v) Shown by clear and convincing evidence to be the father ofthe child;
(vi) An acknowledged father as provided by W.S. 14-2-601 etseq.;
(vii) The mother of the child; or
(viii) An individual who has been ordered to pay child support ina previous proceeding and the order has not been reversed or vacated.
(c) Upon finding, after notice and opportunity to be heard,that an obligor owes a duty of support, the tribunal shall issue a supportorder directed to the obligor and may issue other orders pursuant to W.S.20-4-155.
20-4-171. Employer's receipt of income withholding order of anotherstate; employer's compliance with income withholding order of another state;compliance with multiple income withholding orders.
(a) An income withholding order issued in another state may besent by or on behalf of the obligee, or by the support enforcement agency tothe person defined as the obligor's employer under W.S. 20-6-201 through20-6-222 without first filing a petition or comparable pleading or registeringthe order with a tribunal of this state.
(i) Repealed By Laws 1998, ch. 97, 3.
(ii) Repealed By Laws 1998, ch. 97, 3.
(iii) Repealed By Laws 1998, ch. 97, 3.
(b) Repealed By Laws 1998, ch. 97, 3.
(c) Upon receipt of an income withholding order, the obligor'semployer shall immediately provide a copy of the order to the obligor.
(d) The employer shall treat an income withholding order issuedin another state which appears regular on its face as if it had been issued bya tribunal of this state.
(e) Except as otherwise provided in subsections (f) and (g) ofthis section, the employer shall withhold and distribute the funds as directedin the withholding order by complying with terms of the order which specify:
(i) The duration and amount of periodic payments of currentchild support, stated as a sum certain;
(ii) The person designated to receive payments and the addressto which the payments are to be forwarded;
(iii) Medical support, whether in the form of periodic cashpayment, stated as a sum certain, or ordering the obligor to provide healthinsurance coverage for the child under a policy available through the obligor'semployment;
(iv) The amount of periodic payments of fees and costs for asupport enforcement agency, the issuing tribunal, and the obligee's attorney,stated as sums certain; and
(v) The amount of periodic payments of arrearages and intereston arrearages, stated as sums certain.
(f) An employer shall comply with the law of the state of theobligor's principal place of employment for withholding from income withrespect to:
(i) The employer's fee for processing an income withholdingorder;
(ii) The maximum amount permitted to be withheld from theobligor's income; and
(iii) The times within which the employer shall implement thewithholding order and forward the child support payment.
(g) If an obligor's employer receives two (2) or more incomewithholding orders with respect to the earnings of the same obligor, theemployer satisfies the terms of the orders if the employer complies with thelaw of the state of the obligor's principal place of employment to establishthe priorities for withholding and allocating income withheld for two (2) ormore child support obligees.
20-4-172. Administrative enforcement of orders.
(a) A party or support enforcement agency seeking to enforce asupport order or an income withholding order, or both, issued by a tribunal ofanother state may send the documents required for registering the order to asupport enforcement agency of this state.
(b) Upon receipt of the documents, the support enforcementagency, without initially seeking to register the order, shall consider and, ifappropriate, use any administrative procedure authorized by the law of thisstate to enforce a support order or an income withholding order, or both. Ifthe obligor does not contest administrative enforcement, the order need not beregistered. If the obligor contests the validity or administrative enforcementof the order, the support enforcement agency shall register the order pursuantto the Uniform Interstate Family Support Act.
(c) The department of family services shall adopt rules andregulations consistent with federal requirements to implement this section.
20-4-173. Registration of order for enforcement.
Asupport order or income withholding order issued by a tribunal of another statemay be registered in this state for enforcement.
20-4-174. Procedure to register order for enforcement.
(a) A support order or an income withholding order of anotherstate may be registered in this state by sending the following records andinformation to the appropriate tribunal in this state:
(i) A letter of transmittal to the tribunal requestingregistration and enforcement;
(ii) Two (2) copies, including one (1) certified copy, of theorder to be registered, including any modification of the order;
(iii) A sworn statement by the person requesting registration ora certified statement by the custodian of the records showing the amount of anyarrearage;
(iv) The name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) The name and address of the obligor's employer or otherpayor and any other source of income of the obligor; and
(C) A description and the location of property of the obligorin this state not exempt from execution.
(D) Repealed By Laws 1998, ch. 97, 3.
(v) Except as otherwise provided in W.S. 20-4-162, the name andaddress of the obligee and, if applicable, the person to whom support paymentsare to be remitted.
(b) On receipt of a request for registration, the registeringtribunal shall cause the order to be filed as a foreign judgment, together withone (1) copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy thatshall be affirmatively sought under other law of this state may be filed at thesame time as the request for registration, or later. The pleading shall specifythe grounds for the remedy sought.
(d) If two (2) or more orders are in effect, the personrequesting registration shall:
(i) Furnish to the tribunal a copy of every support orderasserted to be in effect in addition to the documents specified in thissection;
(ii) Specify the order alleged to be the controlling order, ifany; and
(iii) Specify the amount of consolidated arrearages, if any.
(e) A request for a determination of which is the controllingorder may be filed separately or with a request for registration andenforcement or for registration and modification. The person requesting registrationshall give notice of the request to each party whose rights may be affected bythe determination.
20-4-175. Effect of registration for enforcement.
(a) A support order or income withholding order issued inanother state is registered when the order is filed in the registering tribunalof this state.
(b) A registered order issued in another state is enforceablein the same manner and is subject to the same procedures as an order issued bya tribunal of this state.
(c) Except as otherwise provided in W.S. 20-4-173 through20-4-184, a tribunal of this state shall recognize and enforce, but shall notmodify, a registered order if the issuing tribunal had jurisdiction.
20-4-176. Choice of law.
(a) Except as otherwise provided in subsection (d) of thissection, the law of the issuing state governs:
(i) The nature, extent, amount and duration of current paymentsunder a registered support order;
(ii) The computation and payment of arrearages and accrual ofinterest on the arrearages under the support order; and
(iii) The existence and satisfaction of other obligations underthe support order.
(b) In a proceeding for arrearages under a registered supportorder, the statute of limitation of this state or of the issuing state,whichever is longer, applies.
(c) A responding tribunal of this state shall apply theprocedures and remedies of this state to enforce current support and collectarrearages and interest due on a support order of another state registered inthis state.
(d) After a tribunal of this or another state determines whichis the controlling order and issues an order consolidating arrearages, if any,a tribunal of this state shall prospectively apply the law of the state issuingthe controlling order, including its law on interest on arrearages, on currentand future support, and on consolidated arrearages.
20-4-177. Notice of registration of order.
(a) When a support order or income withholding order issued inanother state is registered, the registering tribunal shall notify thenonregistering party. The notice shall be accompanied by a copy of theregistered order and the documents and relevant information accompanying theorder.
(b) A notice shall inform the nonregistering party:
(i) That a registered order is enforceable as of the date ofregistration in the same manner as an order issued by a tribunal of this state;
(ii) That a hearing to contest the validity or enforcement ofthe registered order shall be requested within twenty (20) days after the dateof mailing or personal service of the notice;
(iii) That failure to contest the validity or enforcement of theregistered order in a timely manner will result in confirmation of the orderand enforcement of the order and the alleged arrearages and precludes furthercontest of that order with respect to any matter that could have been asserted;and
(iv) Of the amount of any alleged arrearages.
(c) If the registering party asserts that two (2) or moreorders are in effect, a notice shall also:
(i) Identify the two (2) or more orders and the order allegedby the registering person to be the controlling order and the consolidatedarrearages, if any;
(ii) Notify the nonregistering party of the right to adetermination of which is the controlling order;
(iii) State that the procedures provided in subsection (b) ofthis section apply to the determination of which is the controlling order; and
(iv) State that failure to contest the validity or enforcementof the order alleged to be the controlling order in a timely manner may resultin confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order forenforcement, the registering tribunal shall notify the obligor's employerpursuant to W.S. 20-6-201 through 20-6-222.
20-4-178. Procedure to contest validity or enforcement of registeredorder.
