PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
Original Notice.
Preproposal statement of inquiry was filed as WSR 05-22-046.
Title of Rule and Other Identifying Information: The division of child support (DCS) is proposing to adopt new sections in chapter 388-14A WAC to clarify DCS rules regarding the proration of child support obligations, namely WAC 388-14A-4700 How do I ask the division of child support to prorate a child support obligation?, 388-14A-4705 When does the division of child support prorate a monthly support obligation?, 388-14A-4710 When does the division of child support not prorate a monthly support obligation?, and 388-14A-4715 What can I do if I don't agree with DCS' decision on whether or not to prorate support?
Hearing Location(s): Blake Office Park East, Rose Room, 4500 10th Avenue S.E., Lacey, WA 98503 (one block north of the intersection of Pacific Avenue S.E. and Alhadeff Lane, behind Goodyear Tire. A map or directions are available at http://www1.dshs.wa.gov/msa/rpau/docket.html or by calling (360) 664-6097), on February 21, 2006, at 10:00 a.m.
Date of Intended Adoption: Not earlier than February 22, 2006.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, delivery 4500 10th Avenue S.E., Lacey, WA 98503, e-mail fernaax@dshs.wa.gov, fax (360) 664-6185, by 5:00 p.m., February 21, 2006.
Assistance for Persons with Disabilities: Contact Stephanie Schiller, DSHS Rules Consultant, by February 17, 2006, TTY (360) 664-6178 or (360) 664-6097 or by e-mail at schilse@dshs.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: DCS received a rule-making petition under RCW 34.05.330 from a member of the public requesting that DCS put its policy regarding proration of child support obligations into rule. That rule-making petition was combined with an existing rule-making project which has since been put on hold and the underlying CR-101 filed as WSR 02-03-010 was withdrawn. A new CR-101 was filed as WSR 05-22-046 to start this rule-making project.
Reasons Supporting Proposal: Petition for rule making; clarification of DCS procedures.
Statutory Authority for Adoption: RCW 34.05.330, 26.21.016, 26.23.030, 74.08.090, and 74.20.040.
Statute Being Implemented: RCW 34.05.330, 26.21.016, 26.23.030, 74.08.090, and 74.20.040.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of social and health services, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, (360) 664-5065.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not have an economic impact on small businesses. It only affects individuals who have support obligations or individuals who are owed child support.
A cost-benefit analysis is not required under RCW 34.05.328. The rule does meet the definition of a significant legislative rule but DSHS/DCS is exempt from preparing further analysis under RCW 34.05.328 (5)(b)(vii).
January 3, 2006
Andy Fernando, Manager
Rules and Policies Assistance Unit
3618.2(2) Either party to a support order may request that the division of child support (DCS) prorate the monthly obligation under a child support order. The request must state the reason why the party is requesting proration of the monthly obligation.
(3) This request may be made in writing or orally, in person or by phone.
(4) DCS' response may be made in writing or orally, in person or by phone.
(5) This rule and WAC 388-14A-4705 through WAC 388-14A-4715 apply only to the enforcement of a support obligation, not to the establishment of an obligation.
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(1) An order is entered terminating the noncustodial parent's (NCP's) support obligation and the order specifies that the NCP's obligation should be prorated;
(2) A superior or tribal court order is entered requiring that support for a given month be prorated; or
(3) When a conference board convened under WAC 388-14A-6400 decides that support for a given month should be prorated.
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(2) When a support order provides that the noncustodial parent's support obligation for a particular child terminates as of the child's birthday or graduation date, the entire monthly support obligation is owed, no matter what day of the month the birthday or graduation falls on.
(3) If a conference board convened under WAC 388-14A-6400 decides that support for a given month should not be prorated, DCS does not prorate for that month.
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(2) If the NCP or the CP disagrees with DCS' decision, the aggrieved party may request a conference board under WAC 388-14A-6400.
(3) Either the NCP or the CP may proceed in superior court to seek an order stating whether support should be prorated.
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