|
Wyoming State Profile |
Updated on 06 Mar 2007
Certified on 11 Sep 2007
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A. General/State-At-A-Glance |
 |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/Combination of private vendor and county government operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
23 counties make up 9 Judicial Districts, 15 Judicial District Child Support Offices. |
| A3. With what types of agencies do you have cooperative agreements? |
Clerks of District Court, Department of Health, Department of Employment, Judicial District Child Support offices. |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
No |
| A4.1. If so, what is the statutory citation? |
|
| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
No |
| A4.3. If so, please explain. |
|
B. UIFSA |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
02/24/1995 |
| B2. What is the effective date of your State's Act? |
07/01/1995 |
| B3. What is the statutory citation for your State's Act? |
W.S. 20-4-139 through 197.
|
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
The State of Wyoming passed the 2001 Amendments to the model UIFSA law during the 2005 General Session of the 58th Legislature. |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
Enactment Date 02/24/2005 Effective Date 07/01/2005 |
| B5. Optional comments regarding your State's UIFSA Act. |
|
C. Reciprocity |
|
| C1. With what foreign countries does your State reciprocate? |
The State of Wyoming reciprocates with the same countries that the Federal OCSE has agreements with. |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
Yes |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
Northern Arapahoe Tribe on the Wind River Indian Reservation for establishment of paternity and establishment of child support/medical orders. |
D. Age of Majority |
|
| D1. What is the age of majority in your State? |
18 years of age, unless otherwise self supporting, legally married or active in the armed services. A child under the age of 18 may petition the court for a Declaration of Emancipation. |
| D2. What is the statutory cite for the age of majority? |
W.S. 14-1-101 and 14-1-201 through 14-2-206.
|
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
18 years of age, unless otherwise emancipated. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
|
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
|
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
Yes |
| D6.1. If so, please explain. |
Support continues if the child is still in high school and a full-time student past the age of 18 up to the age of 21. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
No |
| D7.1. If yes, please describe the procedure. |
|
E. Statute of Limitations |
|
| E1. What is your State's statute of limitations for collection of past due support? |
None. |
| E2. What is your State's statute of limitations for paternity establishment? |
No limitation for a child having no presumed, acknowledged or adjudicated father. Limitation for a child with a presumed father is 5 years after child's birth. |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
Judgments become dormant at 5 years, if no execution on the judgment, but law allows a judgment to be acted on within 21 years after dormancy for a total of 26 years. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage of income of both parties. |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
Some judges put interest in the support order and some don't. There may be a 10% penalty on current missed obligation payments. 10% interest may be charged on amount reduced to judgment. |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
10% interest may be charged on amount reduced to judgment. |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
10% interest may be charged on amount reduced to judgment. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
If the non custodial parent is ordered to pay 50% of the portion not covered by insurance and fails to do so, Wyoming obtains a judgment for that amount in favor of the custodial parent. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
None |
| F6.2. What costs are recovered from/fees charged to the obligor? |
Genetic Test Costs, Attorney Costs, Court Costs |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
|
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
W.S. 20-4-142
|
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Only if entered in conjunction with a child support obligation. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
|
G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding, Wage Withholding. |
| G2. What specific source of income is not subject to withholding? |
Pell grants, SSI benefits, Welfare benefits.
|
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
Yes |
| G3.1. If yes, what are those limits? |
Not less than 35% nor more than 65% of gross income after deducting federal taxes. Wyoming follows 15 U.S.C. 1673. |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
Not more than $5 for each withholding payment. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
First pay period following service. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
7 days after the employee is paid. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Employers are statutorily required to comply with instructions contained in the Notice/Order to Withhold Income. Penalties may be assessed to employers who don't comply with instructions in the Income Withholding Order. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Liable for any amount up to the total amount that should have been withheld. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
No |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
A completed transmittal #1 packet should be sent to the Wyoming Central Registry |
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
|
| G11. How does an obligor contest income withholding in your State? |
Obligor files a petition through the district court based on wrong identity or incorrect arrearage amount. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Wyoming pro rates distribution across cases based upon a ratio of income withheld to amount of current support obligation. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
|
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
Personal income taxes, social security and Medicare deductions, cost of dependent health care coverage for all dependent children and mandatory pension deductions. |
| G14. When does your state require the employer to send notice of an employee's termination? |
Within thirty (30) days after the obligor's employment terminates or the obligor ceases to receive income from the payor the payor shall give written notice thereof to the clerk. The notice shall include the following information: (i) When the obligor ceased to receive income from the payor or when the obligor left his employment; (ii) The last known address of the obligor; (iii) The name and address of the obligor's new payor if known. |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
Until further notice from the Clerk of District Court through a suspension notice or termination notice. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Employer and Worker's Compensation. |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Child Support first, then Medical Support. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
No |
| H1.1. If yes, please explain. |
|
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
Effective July 1, 2003, a valid acknowledgement of paternity filed with the State Office of Vital Records, is equivalent to an adjudication of Paternity. |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
07/01/1995 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
|
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
By an adjudication. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
No |
| H6.1. If not, briefly explain. |
Paternity is only conclusive through adjudication or acknowledgment. |
| H7. Does your State have any other paternity-related presumptions? |
No |
| H7.1. If yes, briefly explain. |
|
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Wyoming Putative Father Registry. |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
None. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
|
| H10.2. When did your current common law standard go into effect? |
|
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
|
| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Teleconferencing. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Wyoming Statute 14-2-804 and 20-4-142.
|
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
The initiating state would be responsible to set up and schedule the genetic testing and pay for it and the State of Wyoming will get a judgment for the testing costs on behalf of the initiating state. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
No. A father's name can be placed on the birth certificate without an acknowledgment of paternity. |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
|
| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
One set of documents with a paternity affidavit for each child is sufficient. |
I. Support Order Establishment |
|
| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial Process. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
|
| I1.2. Under what circumstances would the judicial process be used? |
|
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
|
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Custodial parent's income. |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
The presumptive child support amount is unjust or inappropriate for a particular situation. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Date of birth of the child |
| I4.2. What information or documentation does your State require to proceed? |
The petition, financial affidavit and guideline calculation. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Retroactive support is not allowed if the child is emancipated. Prior support is limited to the ability to pay. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Wyoming does not use Administrative Process. |
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
No. |
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No. |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No. |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No. |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
An Establishment Action. |
J. Support Enforcement |
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Wyoming does not have a State Income Tax. |
| J2. Is the lien process in your State judicial, administrative or both? |
Judicial |
| J2.1. What are the trigger criteria for filing a lien? |
Arrearage equal to 3 times monthly support obligation. |
| J2.2. Where is your State liens filed? |
Clerk of the County court. |
| J2.3. Does your State charge a fee for filing a lien? |
No |
| J2.4. If so, please indicate the amount. |
|
| J.3. Does your State enforce property seizure and sale? |
Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
Judicial |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Judicial. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
Annually. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
The state. |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Notice to the NCP must be sent within 5 business days. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
Arrearage equal to 3 times monthly support obligation. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
|
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
Yes. |
| J5.3. 1. If yes, please provide the time frame. |
Arrearage equal to 3 times monthly support obligation. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
|
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
|
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
No. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
|
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
The obligor has 20 business days from the date of the notice to contact the child support office. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
N/A |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
Mistake of fact or wrong person. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Administrative. |
| J5.11. What are your State's penalties for incorrect seizures? |
None. |
| J5.12. Is the second challenge administrative, judicial or both? |
|
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
None. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Not centralized. Partially automated. The system identifies and tracks cases. The worker verifies information, generates the documents and takes seizure actions. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
None. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
No |
| J5.16.1. If yes, what is the amount? |
|
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
|
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes. |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
No specific time frame. |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Judicial process. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
None. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Income Withholding, License Suspension/Revocation, Freeze and Seize. |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
N/A
|
| J10. Which of our state's enforcement remedies are available without registration? |
Income Withholding, Freeze and Seize. |
| J11. Describe your state's registration and enforcement procedures. |
Notice to both parties and a hearing. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
N/A |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Wyoming Statute 1-17-701 et. seq.
|
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No. |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
Transmittal #3 requesting limited services action. |
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
Experian. |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative. |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
Initiating State only. |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
At least $1000.00 delinquent. |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
Every 36 months. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
Upon request of the CP or NCP in Non TANF cases and automatically in TANF cases. |
| K3. Briefly describe your State's modification procedure. |
Both parties complete financial affidavits. Judicial process. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
20% change in support amount. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
Yes |
| K5.6. There has been a substantial change in child care expenses. |
No |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
|
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
|
| K7. How does your state credit SSA disability to current and past due support? |
Only if the Court Order designates SSA Disability as the child support obligation. |
| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
Yes |
| K8.1. If so, please explain the situation? |
Child support shall abate by one-half (1/2) of the daily support obligation for each day the noncustodial parent has physical custody of the child for whom support is due, provided that the noncustodial parent has custody of the child for fifteen (15) or more consecutive days. |
| K8.2. What is the statutory cite for your abatement law? |
W.S. 20-2-305
|
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
Pay Records, Birth Certificate of child(ren), Public Assistance Records, Certified Court Orders |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
Bureau of Vital Records 2300 Capital Avenue. Hathaway Building First Floor Cheyenne, WY 82002 307-777-7591 |
| K9. What information is required to register an out-of-state order for enforcement/modification? |
Interstate UIFSA Packet, Pay Record, Certified Court Orders |
L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
|
| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
W.S. 20-6-202 |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
Yes |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
There is no threshold. |
| L4. How are employers instructed to report a pending lump sum? |
Language contained in the Order/Notice to Withhold Income. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
|
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
|
| L7. Does your state use the income withholding order to attach the lump sum payment? |
Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
On the original notice. |
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
No |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
|
| L9. What other documents does your state use to attach lump sum payments? |
Writ of Garnishment. |
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
No |
| L10.1 If yes, what are those limits? |
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
Not less than 35% nor more than 65% of net income. |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
Yes. | |
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