Back to Wyoming

SF0120 • 2015

Uniform Interstate Family Support Act.

AN ACT relating to the Uniform Interstate Family Support Act; incorporating the 2008 amendments proposed by the Uniform Laws Commission; amending and creating definitions; clarifying procedures; providing for recognition, registration and cooperation in issuing, modifying and enforcing family support and modification orders and determinations of parentage of children involving parties that live in foreign countries as specified; providing for applicability of the act; providing for severability of provisions; and providing for an effective date.

Children Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Senator Ross
Last action
2015-03-03
Official status
enrolled
Effective date
3/2/2015

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0120HW001

Committee of the Whole • Miller

Adopted

Plain English: Adopted Committee of the Whole by Miller

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0120HS001

Standing Committee • HJudiciary

Adopted

Plain English: Adopted Standing Committee by HJudiciary

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0120S2001

2nd reading • Ross

Adopted

Plain English: Adopted 2nd reading by Ross

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0120S3001

3rd reading • Ross

Adopted

Plain English: Adopted 3rd reading by Ross

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2015-03-03 LSO

    Assigned Chapter Number

  2. 2015-03-03 Governor

    Governor Signed SEA No. 0035

  3. 2015-02-26 House

    H Speaker Signed SEA No. 0035

  4. 2015-02-26 Senate

    S President Signed SEA No. 0035

  5. 2015-02-26 LSO

    Assigned Number SEA No. 0035

  6. 2015-02-25 Senate

    S Concur:Passed 29-0-1-0-0

  7. 2015-02-25 Senate

    S Received for Concurrence

  8. 2015-02-25 House

    H 3rd Reading:Passed 55-4-1-0-0

  9. 2015-02-24 House

    H 2nd Reading:Passed

  10. 2015-02-23 House

    H COW:Passed

  11. 2015-02-23 House

    Amendment Adopted

  12. 2015-02-23 House

    Amendment Adopted

  13. 2015-02-18 House

    H Placed on General File

  14. 2015-02-18 House

    Judiciary:Recommend Amend and Do Pass 8-1-0-0-0

  15. 2015-02-10 House

    H Introduced and Referred to H01 - Judiciary

  16. 2015-02-09 House

    H Received for Introduction

  17. 2015-02-06 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  18. 2015-02-06 Senate

    Amendment Adopted

  19. 2015-02-05 Senate

    S 2nd Reading:Passed

  20. 2015-02-05 Senate

    Amendment Adopted

  21. 2015-02-04 Senate

    S COW:Passed

  22. 2015-02-04 Senate

    S Placed on General File

  23. 2015-02-04 Senate

    Judiciary:Recommend Do Pass 5-0-0-0-0

  24. 2015-01-26 Senate

    S Introduced and Referred to S01 - Judiciary

  25. 2015-01-26 Senate

    S Received for Introduction

  26. 2015-01-23 LSO

    Bill Number Assigned

Official Summary Text

Summary for LSO115
Bill No.:
SF0120
Effective
:
3/2/2015

LSO No.:
15LSO-0343

Enrolled Act No.:
SEA 35

Chapter No.:
75

Prime Sponsor:
Ross

Catch Title:
Uniform Interstate Family Support Act.

Subject:
Amends the Uniform Interstate Family Support Act
(UIFSA)
.

Su
mmary/Major Elements:

This Bill:
Incorporates changes made to the UIFSA
proposed
by t
he Uniform Laws Commission

in 2001 and 2008;

The 2001 amendments were minor changes to ensure uniformity of language and procedures among participating states and foreign countries;
The 2008 amendments were made to incorporate changes proposed by the Hague Convention in 2007 to ensure that member nations, including the United States, have uniform procedures to facilitate establishment
, modification
and enforcement of international family support orders
and determinations of parentage of children when parties to

those
action
s
live in different countries;
Provides for recognition, registration and cooperation in issuing, modifying and enforcing family support and modification orders and determinations of parentage of children involving parties that live in foreign countries;
Provides for severability of provisions of the act;
Provides for applicability of the act.

Comments:

Creates/amends a major program:

The
Uniform Interstate Family Support Act.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
ORIGINAL
Senate
File No
.
SF0120

ENROLLED ACT NO.
35
,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to the Uniform Interstate Family Support Act; incorporating the 2008 amendments proposed by the Uniform Laws Commission; amending and creating definitions; clarifying procedures; providing for recognition, registration and cooperation in issuing, modifying and enforcing family support and modification orders and determinations of parentage of children involving parties that live in foreign countries as specified; providing for applicability of the act; providing for severability of provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 20
‑
4
‑
198

and 20
‑
4
‑
201 through 20
‑
4
‑
213
are created to read:

20
‑
4
‑
198
.

State tribunal and support enforcement agency.

(a)

The district courts enumerated in W.S. 5
‑
3
‑
101 are the tribunals of this state.

(b)

The Wyoming department of family services is the support enforcement agency of this state.

ARTICLE 2
SUPPORT PROCEEDINGS UNDER CONVENTION

20
‑
4
‑
201
.

Definitions.

(a)

As used in this article:

(
i
)

"Application" means a request under the convention by an
oblige
e
or obligor, or on behalf of a child, made through a central authority for assistance from another central authority;

(ii)

"Central authority" means the entity designated by the United States or a foreign country described in W.S. 20
‑
4
‑
140(a)(xxviii) to perform the functi
o
ns specified in the convention
, as defined in W.S. 20
‑
4
‑
140(a)(xxvii)
;

(iii)

"Convention support order" means a support order of a tribunal of a foreign
country
described in W.S. 20
‑
4
‑
140(
a)(xxviii);

(iv)

"Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an
obligee
, obligor or child residing outside the United States;

(v)

"Foreign central authority" means the entity designated by a foreign country described in W.S. 20
‑
4
‑
140(
a)(xxviii) to perform the functions specified in the convention;

(vi)

"Foreign support agreement":

(A)

Means an agreement for support in a record that:
(I)

Is
enforceable as a support order in the country of origin;

(II)

Has been:

(1
)

Formally drawn up or registered as an authentic instrument by a foreign tribunal; or

(2
)

Authenticated by, or concluded, registered or filed with a foreign tribunal; and

(III
)

May be reviewed and modified by a foreign tribunal; and

(B)

Includes a maintenance arrangement or authentic instrument under the convention.

(vii)

"United States central authority" means the secretary of the United States department of health and human services.

20
‑
4
‑
202
.

Applicability.

This article applies only to a support proceeding under the convention. In
the
proceeding, if a provision of this article is inconsistent with article 1 of this act
, this article controls.

20
‑
4
‑
203
.

Relationship of the Wyoming support enforceme
nt agency to the United States c
entral authority.

The support enforcement agency of this state is recognized as the agency designated by the United States central authority
to perform specific functions under the convention.

20
‑
4
‑
204
.

Initiation by the Wyoming support enforcement agency proceeding under the convention.

(a)

In a support proceeding under this article, the support enforcement agency of this state shall:

(
i
)

Transmit and receive applications; and

(ii)

Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(b)

The following support proceedings are available to an
obligee
under the convention:

(
i
)

Recognition or recognition and enforcement of a foreign support order;

(ii)

Enforcement of a support order issued or recognized in this state;

(iii)

Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(iv)

Establishment of a support order if recognition of a foreign support order is refused under W.S. 20
‑
4
‑
208(b)(
ii), (iv) or (ix
)
;

(v)

Modification of a support order of a tribunal of this state; and

(vi)

Modification
of a support order of a tribunal of another state or a foreign country.

(c)

The following support proceedings are available under the convention to an obligor against which there is an existing order:

(
i
)

Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(ii)

Modification of a support order of a tribunal of this state;
and

(iii)

Modification of a support order of a tribunal of another state or a foreign country.

(d)

A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses
i
n proceedings under the convention.

20
‑
4
‑
205
.

Direct request.

(a)

A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

(b)

A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement
. In the proceeding, W.S. 20
‑
4
‑
206 through 20
‑
4
‑
213
apply
.

(c)

In a direct request for recognition and enforcement of a convention support order or foreign support agreement:

(
i
)

A security, bond or deposit is not required to guarantee the payment of costs and expenses; and

(ii)

An
obligee
or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal
assistance
provided for by the law of this state under the same circumstances.

(d)

A petitioner filing a direct request is not entitled to assistance from the support enforcement agency of this state.

(e)

This article does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for
recognition and enforcement of a foreign support order or foreign support agreement.

20
‑
4
‑
206
.

Registration of a convention support order.

(a)

Except as provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in W.S.
20
‑
4
‑
173 through 20
‑
4
‑
1
84
,
20
‑
4
‑
193, 20
‑
4
‑
194 and 20
‑
4
‑
197
.

(b)

Notwithstanding W.S. 20
‑
4
‑
161 and 20
‑
4
‑
174(
a), a request for registration of a convention support order shall be accompanied by:

(
i
)

A complete text of the support order, or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;

(ii)

A record stating that the support order is enforceable in the issuing country;

(iii)

If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceeding and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;

(iv)

A
record showing the amount of arrearages, if any, and the date the amount was calculated;

(v)

A record showing a requirement for automatic adjustment of the amount of support, if any, and the
information necessary to make the appropriate calculations; and

(vi)

If
necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

(c)

A request for registration of a convention support order may seek recognition and partial enforcement of the order.

(d)

A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under
W.S.
20
‑
4
‑
207 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

(e)

The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.

20
‑
4
‑
207
.

Contest of a registered convention support order.

(a)

Except as otherwise provided in this article, W.S. 20
‑
4
‑
177 through 20
‑
4
‑
180 apply to a contest of a registered convention support order.

(b)

A party contesting a registered convention support order shall file a contest not later than thirty (30) days after notice of the registration, but if the contesting party does not reside in the United States, the contest shall be filed not later than sixty (60) days after notice of the registration.

(c)

If the
nonregistering
party fails to contest the registered convention support order by the time specified in subsection (b) of this section, the order is enforceable.

(d)

A contest of a registered convention support order may be based only on grounds set forth in W.S. 20
‑
4
‑
208. The contesting party bears the burden of proof.

(e)

In a contest of a registered convention support order, a tribunal of this state:

(
i
)

Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and

(ii)

May not review the merits of the order.

(f)

A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.

(g)

A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.

20
‑
4
‑
208
.

Recognition and enforcement of a registered convention support order.

(a)

Except as otherwise provided in subsection (b) of this section, a tribunal of this state shall recognize and enforce a registered convention support order.

(b)

The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:

(
i
)

Recognition and enforcement of the order is manifestly incompatible with public policy
, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and opportunity to be heard;

(ii)

The issuing tribunal lacked personal jurisdiction consistent with
W.S.
20
‑
4
‑
142;

(iii)

The order is not enforceable in the issuing country;

(iv)

The
order was obtained by fraud in connection with a matter of procedure;

(v)

A record transmitted in accordance with W.S. 20
‑
4
‑
206 lacks authenticity or integrity;

(vi)

A
proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;

(vii)

The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this act in this state;

(viii)

Payment, to the extent alleged arrearages have been paid in whole or in part;

(ix)

In a case in which the
respondent neither appeared nor
was represented in the proceeding in the issuing foreign country
:

(A)

If the law of that country provides for prior notice of proceedings, the respondent did not have
proper notice of the proceedings and an opportunity to be heard; or

(B)

If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before

a tribunal; or

(x)

The order was made in violation of
W.S.
20
‑
4
‑
211.

(c)

If a tribunal of this state does not recognize a convention support order under
paragraph

(b
)
(
ii), (iv) or (ix)
of this section
:

(
i
)

The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and

(ii)

The support enforcement agency shall take all appropriate measures to request a child support order for the
oblige
e
if the application for recognition and enforcement was received under
W.S.
20
‑
4
‑
204.

20
‑
4
‑
209
.

Partial enforcement.

If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.

20
‑
4
‑
210
.

Foreign support agreement.

(a)

Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this state shall
recognize a
n
d enforce a foreign support agreement registered in this state.

(b)

An application or direct request for recognition and enforcement of a foreign support agreement shall be accompanied by:

(
i
)

A complete text of the foreign support agreement; and

(ii)

A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.

(c)

A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own
motion,
the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

(d)

In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:

(
i
)

Recognition and enforcement of the agreement is manifestly incompatible with public policy;

(ii)

The agreement was obtained by fraud or falsification;

(iii)

The agreement is incompatible with a support order involving the same parties and having the same purpose in this state
, another state or a foreign country if the support order is entitled to recognition and enforcement under this act in this state; or

(iv)

The
record submitted under subsection (b) of this section lacks authenticity or integrity.

(e)

A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

20
‑
4
‑
211
.

Modification of a convention child support order.

(a)

A tribunal of this state may not modify a convention child support order if the
obligee
remains a resident of the foreign country where the support order was issued unless:

(
i
)

The
obligee
submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(ii)

The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b)

If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state
,
W.S. 20
‑
4
‑
208(c) applies.

20
‑
4
‑
212
.

Personal information; limit on use.

Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted.

20
‑
4
‑
213
.

Record in original language; English.

A record filed with a tribunal of this state under this article shall be in the original language and, if not English, shall be accompanied by an English translation.

Section 2
.

W.S. 20
‑
4
‑
140(a)(ii), (iv), (viii) through (x)
,
(xi)
(A) through (C),
by creating a new subparagraph (D), (xii) through (xvi)
,
(xviii)(intro), (xix)
,

(xx) through (xxii),
(xxv)
and by creating new paragraphs (xxviii)
through (
xxxii
),
20
‑
4
‑
141(a), (b)(ii) and by creating new subsections (c) through (e),
20
‑
4
‑
142(a)(intro)
, (ii),
(v),
(vii) and
(b), 20
‑
4
‑
144, 20
‑
4
‑
145(a)(intro),
(
i
),
(ii)
,
(b)(intro)
, (
i
) and (iii)
, 20
‑
4
‑
147(a)(ii), 20
‑
4
‑
148(a), (b)
(intro)
,
(
i
), (ii)(A)
and
(c)
,
20
‑
4
‑
149, 20
‑
4
‑
150, 20
‑
4
‑
151(
a
)
and (c)
, 20
‑
4
‑
154(b), 20
‑
4
‑
155(b
)(
i
)
,
(viii),
(
i
x),
(c) and (f)
,
20
‑
4
‑
156, 20
‑
4
‑
157(b)(
i
)
,
(iv)
and
(v)
, 20
‑
4
‑
158(b), 20
‑
4
‑
160(b)(iii)

and (iv),

20
‑
4
‑
161(a), 20
‑
4
‑
163(a
)
through
(c)
,
20
‑
4
‑
164(c),
20
‑
4
‑
166(a), (b)
,
(d) through (f)
and (h)
, 20
‑
4
‑
167, 20
‑
4
‑
168(a)(
i
)
and
(ii), 20
‑
4
‑
169(a), 20
‑
4
‑
170(a), 20
‑
4
‑
172(a)
and
(b), 20
‑
4
‑
173, 20
‑
4
‑
174(a)(intro)
and
(b), 20
‑
4
‑
175, 20
‑
4
‑
176(a)(intro)
and

(b)
through
(
d
), 20
‑
4
‑
177
(a), (b)(ii),
(c)(
i
)
and
(d), 20
‑
4
‑
178, 20
‑
4
‑
179(a)(intro), (vii)
,
(b)
and
(c), 20
‑
4
‑
180
through

20
‑
4
‑
182, 20
‑
4
‑
183(a)(intro)
,
(ii)(C),
(c) and by creating a new subsection (f),
20
‑
4
‑
185(a),
20
‑
4
‑
186(a), 20
‑
4
‑
187(a)
and
(b), 20
‑
4
‑
188, 20
‑
4
‑
190, 20
‑
4
‑
191,

20
‑
4
‑
192(a),
20
‑
4
‑
193(b),
20
‑
4
‑
195, 20
‑
4
‑
196(b) and 20
‑
4
‑
197 are amended to read:

20
‑
4
‑
140
.

Definitions.

(a)

As used in this act:

(ii)

"Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state

or foreign country
;

(iv)

"Home state" means the state

or foreign country
in which a child lived 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 or comparable pleading for support and, if a child less than six (6) months old, the state

or foreign country
in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six (6) month or other period;

(viii)

"Initiating tribunal" means the
authorized
tribunal
in an initiating

of a

state

or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country
;

(ix)

"Issuing state" means the state in which a tribunal issues a support order or
renders
a judgment determining parentage

of a child
;

(x)

"Issuing tribunal" means the tribunal

of a state or foreign country
that issues a support order or
renders
a judgment determining parentage

of a child
;

(xi)

"
Obligee
" means:

(A)

An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order
has been issued

or a judgment determining parentage

of a child
has been
rendered
issued
;

(B)

A

foreign country,
state or political subdivision

of a state
to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual
oblige
e

in place of child support
;
or

(C)

An individual seeking a judgment determining parentage of the individual's child
;
.

or

(D)

A person that is a creditor in a proceeding under article 2 of this act.

(xii)

"Obligor" means an
individual,
or the estate of a decedent

that
:

(A)

Who
O
wes or is alleged to owe a duty of support;

(B)

Who
I
s
alleged but has not been adjudicated to be a parent of a child;
or

(C)

Who
I
s liable under a support order
;
.

or

(D)

Is a debtor in a proceeding under article 2 of this
act.

(xiii)

"Register" means to record or file

in a tribunal of this state
a support order or judgment determining parentage

in the appropriate location for the recording or filing of foreign judgments generally or foreign support orders specifically

of a child issued in another state or a foreign coun
t
ry
;

(xiv)

"Registering tribunal" means a tribunal in which a support order

or judgment determin
ing
parentage of a child
is registered;

(xv)

"Responding state" means a state in which a
proceeding

petition or comparable pleading for support or to determine parentage of a child
is filed or to which a
proceeding
petition or comparable pleading

is forwarded for
filing from
an initiating

another

state
under the Uniform Interstate Family Support Act or a law or procedure substantially similar to this act

or a foreign country
;

(xvi)

"Responding tribunal" means the authorized tribunal in a responding state

or foreign country
;

(xviii)

"State" means a state of the United States, the District of Columbia,

Puerto Rico,
the United States Virgin Islands, or any territory or insular possession
subject to

under

the jurisdiction of the United States. The term includes
:

an Indian nation or tribe
;

(xix)

"Support enforcement agency" means a public official
,
governmental entity
or

private
agency authorized to
:
seek:

(A)

Seek e
nforcement of support orders or laws relating to the duty of support;

(B)

Seek e
stablishment or modification of child support;

(C)

Request d
etermination of parentage

of a child
;

(D)

Location of
Attempt to locate
obligors or their assets; or

(E)

Request d
etermination of the controlling child support order.

(xx)

"Support order" means a judgment, decree, order
, decision,
or directive, whether temporary, final, or subject to modification, issued
by a tribunal

in a state or foreign country
for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health
care, arrearages
,
retroactive support,
or reimbursement
, and

for financial assistance provided to an individual
obligee
in place of
child support.

The term

may include related costs and fees, interest, income withholding,

automatic adjustment, reasonable
attorney's fees, and other relief;

(xxi)

"Tribunal" means a court, administrative agency or quasi
‑
judicial entity authorized to establish, enforce or modify support orders or to determine parentage

of a child
. For purposes of establishing, enforcing or modifying support orders or determining parentage in Wyoming, tribunal means only the district court;

(xxii)

"This act" means W.S. 20
‑
4
‑
139 through
20
‑
4
‑
197

20
‑
4
‑
213
;

(xxv)

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture,

public corporation,
government,

or
governmental subdivision, agency, or instrumentality
, public corporation
or any other legal or commercial entity;

(xxvii)

"Convention" means the convention on the international recovery of child support and other forms of family maintenance, concluded at
the
Hague on November 23, 2007;

(xxviii)

"Foreign country" means a country, including a political subdivision thereof, other than the United States, that authorizes the issuance of support orders and:

(A)

Which has been declared under the law of the United States to be a foreign reciprocating
country;

(B)

Which has established a reciprocal arrangement for child support with this state as provided in W.S. 20
‑
4
‑
158;

(C)

Which has enacted a law or established procedures for the issuance and enforcement of support orders which are substantially similar to the procedures under this act;
or

(D)

In which the convention is in
force with respect to the United
States.

(xxix)

"Foreign support order" means a support order of a foreign tribunal;

(xxx)

"Foreign tribunal" means a court, administrative agency or quasi
‑
judicial entity of a foreign country which is authorized to establish, enforce or modify support orders or to determine parentage of a child. The term includes a competent authority under the convention;

(xxxi)

"Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child;

(xxxii)

"Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

20
‑
4
‑
141
.

Remedies cumulative
; application of act to resident of foreign country and foreign support proceeding
.

(a)

Remedies provided by
the Uniform Interstate Family Support Act

this act
are cumulative and do not affect the availability of remedies under other law
, including

or
the recognition of a
foreign

support order
of
a foreign country or political subdivision

on the basis of comity.

(b)

This act does not:

(ii)

Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to child custody or visitation

in a proceeding
under this act.

(c)

A trib
unal of this s
tate
shall apply article 1 of this
act and, as applicable, article
2 of this act, to a support proceeding involving:

(
i
)

A foreign support order;

(ii)

A foreign tribunal; or

(iii)

An
obligee
, obligor or child residing in a foreign country.

(d)

A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of article 1 of this act.

(e)

Article 2 of this act applies only to a support proceeding under the convention. In such a proceeding, if a provision of article 2 of this act is inconsistent with article 1 of this act, article 2 of this act controls.

20
‑
4
‑
142
.

Basis for jurisdiction over nonresident.

(a)

In a proceeding to establish or enforce a support order or to determine parentage

of a child
, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:

(ii)

The individual submits to the jurisdiction of this state by consent

in a record
, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;

(v)

The child resides in this state as a result of the
act
acts
or directives of the individual;

(vii)

The individual asserted parentage

of a child
in this state pursuant to
W.S. 14
‑
2
‑
401 through 14
‑
2
‑
907

the putative father registry created by W.S. 1
‑
22
‑
117 and maintained in this state by the department of family services
;

or

(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 to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of W.S. 20
‑
4
‑
183
or 20
‑
4
‑
197
are met
, or, in the case of a foreign support order, unless the requirements of W.S. 20
‑
4
‑
197 are met
.

20
‑
4
‑
144
.

Initiating and responding tribunal of this state.

Under
the Uniform Interstate Family Support Act

this act
, a tribunal of this state may serve as an initiating tribunal to forward proceedings to

a tribunal of
another state and as a responding tribunal for proceedings initiated in another state

or a foreign country
.

20
‑
4
‑
145
.

Simultaneous proceedings.

(a)

A tribunal of this state may exercise jurisdiction to establish a support order if the petition
or comparable pleading is filed after a pleading is filed in another state

or a foreign country
only if:

(
i
)

The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state

or the foreign country
for filing a responsive pleading challenging the exercise of jurisdiction by the other state

or the foreign country
;

(ii)

The contesting party timely challenges the exercise of jurisdiction in the other state

or the foreign country
; and

(b)

A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state

or a foreign country
if:

(
i
)

The petition or comparable pleading in the other state

or foreign country
is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;

(iii)

If relevant, the other state

or foreign country
is the home state of the child.

20
‑
4
‑
147
.

Continuing jurisdiction to enforce a child support order.

(a)

A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:

(ii)

A money judgment for arrearages of support and interest on the order accrued before a determination that an order of
a tribunal of

another state is the controlling order.

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 controls and shall be
so
recognized.

(b)

If a proceeding is brought under this act, and two (2) or more child support orders have been issued by tribunals of this state
,

or
another state

or a foreign country
with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual
obligee
shall apply the following rules and by order shall determine which order controls

and shall be recognized
:

(
i
)

If only one (1) of the tribunals would have continuing, exclusive jurisdiction under this act, the order of that tribunal controls
;
and shall be so recognized;

(ii)

If more than one (1) of the tribunals would have continuing, exclusive jurisdiction under this act:

(A)

An order issued by a tribunal in the current home state of the child controls;
but

or

(c)

If two (2) or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or
that is
a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the
obligee

who is an individual shall determine which order controls under subsection (b) of this section. This request may be filed with a registration for enforcement or registration 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.

20
‑
4
‑
149
.

Child support orders for two or more
obligees
.

In responding to registrations or petitions for enforcement of two (2) or more child support orders in effect at the same time with regard to the same obligor and different individual
obligees
, at least one (1) of which was issued by a tribunal of another state

or a foreign country
, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state.

20
‑
4
‑
150
.

Credit for payments.

A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this

state
,

or
another state

or a foreign country
.

20
‑
4
‑
151
.

Proceedings under the Uniform Interstate Family Support Act.

(a)

Except as otherwise provided in this act, W.S. 20
‑
4
‑
151 through 20
‑
4
‑
169 apply to all proceedings under

the Uniform Interstate Family Support Act
this act
.

(c)

An individual petitioner or a support enforcement agency may initiate a proceeding authorized under the act
by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state
or a foreign country
which has or can obtain personal jurisdiction over the respondent.

20
‑
4
‑
154
.

Duties of initiating tribunal.

(b)

If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding
state
tribunal

is

in
a foreign country
,

or political subdivision
,
upon request the tribunal
of this state

shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding
state

foreign tribunal
.

20
‑
4
‑
155
.

Duties and power of responding tribunal.

(b)

A responding tribunal of this state, to the extent not prohibited by other law, may do one (1) or more of the following:

(
i
)

Issue
Establish

or enforce a support order, modify a child support order, determine the controlling child support order or determine parentage

of a child
;

(viii)

Order an obligor to keep the tribunal informed of the obligor's current residential address,

electronic mail address,
telephone number, employer, address of employment and telephone number at the place of employment;

(ix)

Award reasonable attorney's fees and other fees and
court
costs;

(c)

A responding tribunal of this state shall include in a support order issued under
the Uniform Interstate Family Support Act
this act
, or in the documents accompanying the order, the calculations on which the support order is based.

(f)

If requested to enforce a support order, arrearages or judgment, or modify a support order stated in a foreign currency, a
responding
tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

20
‑
4
‑
156
.

Inappropriate tribunal.

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying
document
documents

to an appropriate tribunal
in

of
this state or another state and notify the petitioner where and when the pleading was sent.

20
‑
4
‑
157
.

Duties of support enforcement agency.

(b)

A support enforcement agency of this state that is providing services to the
petitioner shall
:

(
i
)

Take all steps necessary to enable an appropriate tribunal
in
of

this state
,

or
another state

or a foreign country
to obtain jurisdiction over the respondent;

(iv)

Within
five (5)
two (2)

days, exclusive of Saturdays, Sundays and legal holidays, after receipt of
a
written
notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;

(v)

Within
five (5)

two (2)

days, exclusive of Saturdays, Sundays and legal holidays, after receipt of
a written
communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and

20
‑
4
‑
158
.

Duty of attorney general.

(b)

The attorney general may determine that a foreign country
or political subdivision
has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

20
‑
4
‑
160
.

Duties of state information agency.

(b)

The state information agency shall:

(iii)

Forward to the appropriate tribunal in the county in this state in which the
obligee
who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this act received from
an initiating tribunal or the state information agency of the initiating

another
state

or a foreign country
; and

(iv)

Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from
the obligor's
employer
or employers
, and examination of governmental records, including, to the
extent not prohibited by other 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 to establish a support order, to determine parentage

of a child
or to register and modify a support order of

a tribunal of
another state

or a foreign country
shall file a petition. Unless otherwise ordered under W.S. 20
‑
4
‑
162, the petition or accompanying
document
documents

shall provide, so far as known, the name, residential address and social security numbers of the obligor 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 for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition shall be accompanied by a copy of any support order known to have been issued by another tribunal. The petition or accompanying documents may include any other information that may assist in locating or identifying the respondent.

20
‑
4
‑
163
.

Costs and fees.

(a)

The petitioner may not be required to pay a filing fee or other
cost
costs
.

(b)

If an
obligee
prevails, a responding tribunal

of this state
may assess against an obligor filing fees, reasonable attorney's fees, other costs and necessary travel and other reasonable expenses incurred by the
obligee
and the
obligee's
witnesses. The tribunal may not assess fees, costs or expenses against the
obligee
or the support enforcement agency of either the initiating or the
responding state

or foreign country
, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the
obligee
has priority over fees, costs and expenses.

(c)

The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under W.S. 20
‑
4
‑
173 through 20
‑
4
‑
184,
20
‑
4
‑
193, 20
‑
4
‑
194 and 20
‑
4
‑
197,
a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.

20
‑
4
‑
164
.

Limited immunity of petitioner.

(c)

The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this act committed by a party while
physically
present in this state to participate in the proceeding.

20
‑
4
‑
166
.

Special rules of evidence and procedure.

(a)

The physical presence of a nonresident party who is an individual in
a tribunal
of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage

of a child
.

(b)

An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury or false
swearing by a party or witness residing
in another

outside this
state.

(d)

Copies of bills for testing for parentage

of a child
, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten (10) days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

(e)

Documentary evidence transmitted from
another

outside this
state to a tribunal of this state by telephone,
telecopier
, or other

electronic
means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

(f)

In a proceeding under this act, a tribunal of this state shall permit a party or witness residing
in another

outside this
state to be deposed or to testify
under penalty of perjury or false swearing

by telephone, audiovisual means or other electronic means at a designated tribunal or other location
.

in
that state.
A tribunal of this state shall cooperate with

other
tribunals
of other states
in designating an appropriate location for the deposition or testimony.

(h)

A privilege against disclosure of communications between spouses does not apply in a proceeding under
the
this
act.

20
‑
4
‑
167
.

Communications between tribunals.

A tribunal of this state may communicate with a tribunal
of another

outside this
state
or foreign country or political subdivision
in a record, or by telephone
, electronic mail
or other means, to obtain information concerning the laws,
the legal
affect

effect
of a judgment, decree or order of that tribunal, and the status of a proceeding
.

in
the other state or foreign country or political subdivision.
A tribunal of this state may furnish similar information by similar means to a tribunal
of another

outside this
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

outside this

state to assist in obtaining discovery; and

(ii)

Upon request, compel a person over
whom

which
it has jurisdiction to respond to a discovery order issued by a tribunal
of another

outside this
state.

20
‑
4
‑
169
.

Receipt and disbursement of payments.

(a)

A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state

or foreign country
a certified statement by the custodian of the record of the amounts and dates of all payments received.

20
‑
4
‑
170
.

E
stablish
ment of
support order.

(a)

If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state

with personal jurisdiction over the parties
may issue a support order if:

(
i
)

The individual seeking the order resides
in another

outside this
state; or

(ii)

The support enforcement agency seeking the order is located
in another

outside this
state.

20
‑
4
‑
172
.

Administrative enforcement of orders.

(a)

A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued
by a tribunal of

in
another state

or a foreign support order
may send the documents required for registering the order to a support enforcement agency of this state.

(b)

Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to
the Uniform Interstate Family Support Act

this act
.

20
‑
4
‑
173
.

Registration of order for enforcement.

A support order or income withholding order issued
by

a tribunal of

in
another state

or a foreign support order
may be registered in this state for enforcement.

20
‑
4
‑
174
.

Procedure to register order for enforcement.

(a)

Except as otherwise provided in W.S. 20
‑
4
‑
206, a
support order or an income withholding order of another state

or a foreign support order
may be registered in this
state by sending the following records
and information
to the appropriate tribunal in this state:

(b)

On receipt of a request for registration, the registering tribunal shall cause the order to be filed as
a foreign judgment

an order of a tribunal of another state or a foreign support order
, together with one (1) copy of the documents and information, regardless of their form.

20
‑
4
‑
175
.

Effect of registration for enforcement.

(a)

A support order or income withholding order issued in another state

or a foreign support order
is registered when the order is filed in the registering tribunal of this state.

(b)

A registered

support
order issued in another state

or a foreign country
is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(c)

Except as otherwise provided in
W.S. 20
‑
4
‑
173 through 20
‑
4
‑
184

this act
, a tribunal of this state shall recognize and enforce, but shall not modify, a registered

support
order if the issuing tribunal had jurisdiction.

20
‑
4
‑
176
.

Choice of law.

(a)

Except as otherwise provided in subsection (d) of this section, the law of the issuing state

or foreign country
governs:

(b)

In a proceeding for arrearages under a registered support order, the statute of limitation of this state or of the issuing state

or foreign country
, whichever is longer, applies.

(c)

A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state

or foreign country
registered in this state.

(d)

After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state

or foreign country
issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.

20
‑
4
‑
177
.

Notice of registration of order.

(a)

When a support order or income withholding order issued in another state

or
a
foreign
support order
is registered, the registering tribunal

of this state
shall notify the
nonregistering
party. The notice shall be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(b)

A notice shall inform the
nonregistering
party:

(ii)

That a hearing to contest the validity or enforcement of the registered order shall be requested within twenty (20) days after
the date of mailing or personal service of the
notice

unless the registered order is under W.S. 20
‑
4
‑
207
;

(c)

If the registering party asserts that two (2) or more orders are in effect, a notice shall also:

(
i
)

Identify the two (2) or more orders and the order alleged by the registering
person

party
to be the controlling order and the consolidated arrearages, if any;

(d)

Upon registration of an income withholding order for enforcement, the

support enforcement agency or the
registering tribunal shall notify the obligor's employer pursuant to W.S. 20
‑
6
‑
201 through 20
‑
6
‑
222.

20
‑
4
‑
178
.

Procedure to contest validity or enforcement of registered order.

(a)

A
nonregistering
party seeking to contest the validity or enforcement of a registered

support
order in this state shall request a hearing within
twenty (20) days after the date of mailing or personal service of notice of the registration

the time required by W.S. 20
‑
4
‑
177
. The
nonregistering
party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to W.S. 20
‑
4
‑
179.

(b)

If the
nonregistering
party fails to contest the validity or enforcement of the registered

support
order in a timely manner, the order is confirmed by operation of law.

(c)

If a
nonregistering
party requests a hearing to contest the validity or enforcement of the registered
support

order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.

20
‑
4
‑
179
.

Contest of registration or enforcement.

(a)

A party contesting the validity or enforcement of a registered

support
order or seeking to vacate the registration has the burden of proving one (1) or more of the following defenses:

(vii)

The statute of limitations under W.S. 20
‑
4
‑
176 precludes enforcement of some or all of the
alleged

arrearages; or

(b)

If a party presents evidence establishing a full or partial defense under subsection (a) of this section, a tribunal may stay enforcement of
the

a
registered

support
order, continue the proceeding to permit production of additional relevant evidence and issue other appropriate orders. An uncontested portion of the registered

support
order may be enforced by all remedies available under the laws of this state.

(c)

If the contesting party does not establish a defense under subsection (a) of this section

to the validity or enforcement of a registered support order
, the registering tribunal shall issue an order confirming the order.

20
‑
4
‑
180
.

Confirmed order.

Confirmation of a registered

support
order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

20
‑
4
‑
181
.

Procedure to register child support order of another state
or foreign country
for modification.

(a)

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in W.S. 20
‑
4
‑
173 through
20
‑
4
‑
176
20
‑
4
‑
180
if the order has not been registered. A petition for modification may be filed at the same time as
a request for registration, or later. The
pleading

petition
shall specify the grounds for modification.

(b)

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order under W.S. 20
‑
4
‑
173 through 20
‑
4
‑
180 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The p
etition
shall specify the grounds for modification.

20
‑
4
‑
182
.

Effect of registration for modification.

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of W.S. 20
‑
4
‑
183
,

or
20
‑
4
‑
193
or 20
‑
4
‑
197
have been met.

20
‑
4
‑
183
.

Modification of child support order of another state.

(a)

If W.S. 20
‑
4
‑
193 does not apply,
except as otherwise provided in W.S. 20
‑
4
‑
197,
upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing, the tribunal finds that:

(ii)

The following requirements are met:

(C)

The respondent is subject to the personal jurisdiction of the tribunal of this state
;
.

or

(c)

Except as otherwise provided in W.S. 20
‑
4
‑
197,
A
tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the issuing state
, including the duration of the obligation for support
. If two (2) or more tribunals have issued child support orders for the same obligor and same child, the order that controls and shall be so recognized under W.S. 20
‑
4
‑
148 establishes the aspects of the support order which are
nonmodifiable
.

(f)

Notwithstanding subsections (a) through (e) of this section and W.S. 20
‑
4
‑
142(
b), a tribunal of this state retains jurisdiction to modify an order issue
d
by a tribunal of this state if:

(
i
)

One (1) party resides in another state; and

(ii)

The other party resides outside the United States.

20
‑
4
‑
185
.

Proceeding to determine parentage.

(a)

A
court
tribunal
of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage
of a child

brought under
the Uniform Interstate Family Support Act

this act
or a law or procedure substantially similar to this act.

20
‑
4
‑
186
.

Grounds for rendition.

(a)

For purposes of W.S. 20
‑
4
‑
186 and 20
‑
4
‑
187, "governor" includes an individual performing the functions of the governor or the executive authority of a state covered by
the Uniform Interstate Family Support Act

this act
.

20
‑
4
‑
187
.

Conditions of rendition.

(a)

Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an
obligee
, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty (60) days previously the
obligee
had initiated proceedings for support pursuant to
the Interstate Family Support Act

this act

or that the proceeding would be of no avail.

(b)

If, under
the Uniform Interstate Family Support Act
this act

or a law substantially similar to this act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a
`
proceeding.

20
‑
4
‑
188
.

Uniformity of application and construction.

In applying and construing this
uniform

act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

20
‑
4
‑
190
.

Immunity from civil liability.

An employer
who

that
complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer’s withholding of child support from the obligor’s income.

20
‑
4
‑
191
.

Penalties for noncompliance.

An employer
who

that
willfully fails to comply with an income withholding order issued
by

in
another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

20
‑
4
‑
192
.

Contest by obligor.

(a)

An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in W.S. 20
‑
4
‑
173 through

20
‑
4
‑
184, 20
‑
4
‑
193, 20
‑
4
‑
194 and
20
‑
4
‑
197, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

20
‑
4
‑
193
.

Jurisdiction to modify child support order of another state when individual parties reside in this state.

(b)

A tribunal of this state exercising jurisdiction under this section shall apply the provisions of W.S. 20
‑
4
‑
139 through
20
‑
4
‑
143

20
‑
4
‑
150
, 20
‑
4
‑
173 through 20
‑
4
‑
184, 20
‑
4
‑
193
, 20
‑
4
‑
194,

through
20
‑
4
‑
19
8
and the procedural and substantive law of this state to the proceeding for enforcement or modification. W.S. 20
‑
4
‑
151 through 20
‑
4
‑
172, 20
‑
4
‑
185 through 20
‑
4
‑
187
,

and
20
‑
4
‑
190 through 20
‑
4
‑
192
, 20
‑
4
‑
198
and 20
‑
4
‑
201 through 20
‑
4
‑
213
do not apply.

20
‑
4
‑
195
.

Application of act to nonresident subject to person
al
jurisdiction.

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this act, under other law of this state relating to a support order, or recognizing a
foreign

support order
of a foreign country or political subdivision on the basis of comity

may receive evidence from
another
outside this

state pursuant to W.S. 20
‑
4
‑
166, communicate with a tribunal of
another
outside this

state pursuant to W.S. 20
‑
4
‑
167, and obtain discovery through a tribunal
of another

outside this
state pursuant to W.S. 20
‑
4
‑
168. In all other respects, W.S. 20
‑
4
‑
151 through 20
‑
4
‑
185
, 20
‑
4
‑
190, 20
‑
4
‑
194 and 20
‑
4
‑
197
do not apply and the tribunal shall apply the procedural and substantive law of this state.

20
‑
4
‑
196
.

Continuing exclusive jurisdiction to modify spousal support order.

(b)

A tribunal of this state may not modify a spousal support order issued by a tribunal of another state

or a foreign country
having continuing, exclusive jurisdiction over that order under the law of that state

or foreign country
.

20
‑
4
‑
197
.

Jurisdiction to modify child support order of foreign country.

(a)

Except as provided in W.S. 20
‑
4
‑
211, i
f a foreign country
or political subdivision that is a state will not or may not modify its order

lacks or refuses to exercise jurisdiction to modify its child support order
pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether
or not

the consent to modification of a child support order otherwise required of the individual pursuant to W.S. 20
‑
4
‑
183 has been given or whether the individual
seeking modification is a resident of this state or of the foreign country
.

or
political subdivision.

(b)

An order issued

by a tribunal of this state modifying a foreign child support order
pursuant to this section is the controlling order.

Section
3
.

W.S. 20
‑
4
‑
1
40(
a)(vii)
and (xviii)(A) and (B)
is repealed.

Section
4
.

The amendments

to t
he Uniform Interstate Family Su
pport Act
contained in this act apply to proceedings begun on or after July 1, 2015 to establish a support order or determine parentage of a child, or to register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or entered.

Section
5
.

If any provision of this act or its application to any person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of the act are severable.

Section 6
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1