WSR 06-06-077

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

[ Filed February 28, 2006, 4:28 p.m. , effective March 31, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The division of child support (DCS) is adopting new sections in chapter 388-14A WAC in response to a petition for rule making asking DCS to put our policy regarding proration of support into rule: 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?

Statutory Authority for Adoption: RCW 34.05.330, 26.21.016, 26.23.030, 74.08.090, and 74.20.040.

Adopted under notice filed as WSR 06-03-021 on January 6, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 4, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 0, Repealed 0.

Date Adopted: February 23, 2006.

Andy Fernando, Manager

Rules and Policies Assistance Unit

3618.2
NEW SECTION
WAC 388-14A-4700   How do I ask the division of child support to prorate a child support obligation?   (1) As a general rule, if support is owed for any day of a given month, the entire monthly support obligation is owed for that month.

(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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NEW SECTION
WAC 388-14A-4705   When does the division of child support prorate a monthly support obligation?   The division of child support (DCS) may prorate a monthly support obligation under the following circumstances:

(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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NEW SECTION
WAC 388-14A-4710   When does the division of child support not prorate a monthly support obligation?   (1) Unless a case fits the criteria outlined in WAC 388-14A-4705, the division of child support (DCS) does not prorate a monthly support obligation.

(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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NEW SECTION
WAC 388-14A-4715   What can I do if I don't agree with DCS' decision on whether or not to prorate support?   (1) If the noncustodial parent (NCP) or custodial parent (CP) asks the division of child support (DCS) to prorate support, DCS advises the parties of its decision whether to prorate or not to prorate support for a given month.

(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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Washington State Code Reviser's Office