Child support forgiveness.

Plain English Breakdown

The official source material confirms all details provided in the candidate explanation, including the bill's status and content.

Child Support Forgiveness Act

The bill allows parents who owe past child support to agree with the other parent and the court to forgive this debt if certain conditions are met.

What This Bill Does

• Allows a person who owes past child support (the obligor) to ask the court to cancel their arrearage if they meet specific requirements.
• Requires that all parties, including the child if applicable, agree in writing to settle past support obligations.
• Specifies that the obligor must be unable to pay and have no income or only very little income or assets.
• States that there should be no reasonable expectation of future payment ability from the obligor.
• Requires notice to the state's Department of Family Services if child support arrearage is assigned to Wyoming.

Who It Names or Affects

• Parents who owe past child support and want to settle their debt with an agreement.
• The other parent receiving child support (the obligee).
• Children involved in the case, as they may need to agree if old enough.
• Courts that will decide on these agreements.

Terms To Know

Obligor

The person who owes child support and is behind on payments.

Arrearage

Past-due child support that has not been paid.

Limits and Unknowns

• This bill did not become law because it died in committee.
• The bill only applies to cases where there is no longer a legal duty of ongoing support.
• It does not apply if the state of Wyoming already claims any arrearage as its own debt.

Current Bill Text

20LSO-0196
2020
STATE OF WYOMING
20LSO-0196
Numbered
2.0

HOUSE BILL NO. HB0247

Child support forgiveness.

Sponsored by: Representative(s) Loucks and Senator(s) Nethercott

A BILL

for

AN ACT relating to domestic relations; providing for parties to agree to settle past child support obligations as specified; and providing for an effective date.

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

Section 1.

W.S. 20
‑
2
‑
313 by creating new subsections (c) and (d) is amended to read:

20
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2
‑
313.

Cessation of child support; elimination of arrearage.

(c)

Upon motion of an obligee the court may eliminate all child support arrearage existing between the parties provided the court finds all of the following:

(i)

There is no longer an on
‑
going duty of support according to subsection (a) of this section;

(ii)

The obligee, obligor and child, if applicable, produce a written agreement among themselves purporting to settle past support obligations;

(iii)

The obligor is presently unable to pay;

(iv)

The obligor currently has no known income or has only nominal income or assets;

(v)

There is no reasonable prospect that the obligor will be able to pay in the foreseeable future;

(vi)

The department was given notice as provided under W.S. 20
‑
6
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106(e) or arrangement has been made in the parties' written agreement under paragraph (ii) of this
subsection for payment of any arrearage assigned to the state of Wyoming.

(d)

If a court determines that all child support arrearage existing between the parties may be eliminated according to subsection (b) or (c) of this section, the court shall enter an order stating that all arrearage has been eliminated. This court order shall satisfy any provision of Wyoming law that requires all arrearage to have been paid.

Section 2
.

This act is effective July 1, 2020
.

(END)

1
HB0247