SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Effective Date of Rule: Thirty-one days after filing.
Purpose: The division of child support (DCS) is adopting new and amended sections in chapter 388-14A WAC in order to implement statutory changes contained in two major bills from the 2009 legislative session: (1) SHB 1845 (chapter 476, Laws of 2009) regarding medical support obligations in child support orders; and (2) ESHB 1794 (chapter 84, Laws of 2009), which makes changes to chapter 26.19 RCW, the Washington state child support schedule, based on the recommendations of the 2007 child support schedule workgroup which was convened under 2SHB 1009 (chapter 313, Laws of 2007). In addition, this rule making includes new sections and/or amendments to existing sections to clarify, streamline or otherwise increase the efficiency and cost-effectiveness of DCS processes.
Amending WAC 388-14A-1020 What definitions apply to the
rules regarding child support enforcement?, 388-14A-2035 Do I
assign my rights to support when I receive public assistance?,
388-14A-2036 What does assigning my rights to support mean?,
388-14A-3100 How does the division of child support establish
a child support obligation when there is no child support
order?, 388-14A-3115 The notice and finding of financial
responsibility is used to set child support when paternity is
not an issue, 388-14A-3120 The notice and finding of parental
responsibility is used to set child support when the father's
duty of support is based upon an affidavit of paternity which
is not a conclusive presumption of paternity, 388-14A-3125
The notice and finding of medical responsibility is used to
set)) DCS may establish a medical support obligation when the
custodial parent receiving medical assistance declines full
child support enforcement services, 388-14A-3140 What can
happen at a hearing on a support establishment notice?,
388-14A-3200 How does DCS determine my support obligation?,
388-14A-3205 How does DCS calculate my income?, 388-14A-3300
How does the division of child support require me to make my
support payments to the Washington state support registry when
my support order says to pay someone else?, 388-14A-3310 What
notice does the division of child support serve(( s a notice of
support owed)) to establish a fixed dollar amount under an
existing child support order(( .))?, 388-14A-3312 The division
of child support serves a notice of support owed (( for
unreimbursed medical expenses)) to establish a fixed dollar
amount owed (( under a child support order)) by either parent
for medical support, 388-14A-3315 When DCS serves a notice of
support debt or a notice of support owed (( or notice of
support owed for unreimbursed medical expenses support)), we
notify the other party to the child support order,
388-14A-3317 (( What is an annual review of a support order
under RCW 26.23.110)) What happens if a party makes a timely
request for hearing on a notice of support owed?, 388-14A-3318
(( What is an annual review of a notice of support owed under
WAC 388-14A-3312)) What happens if a party makes an untimely
request for hearing on a notice of support owed?, 388-14A-3320
What happens at a hearing on a notice of support owed?,
388-14A-3400 Are there limitations on how much of my income is
available for child support?, 388-14A-4100 How does the
division of child support enforce my obligation to provide
health insurance for my children?, 388-14A-4110 If my support
order requires me to provide (( health insurance)) medical
support for my children, what do I have to do?, 388-14A-4112
When does the division of child support enforce a custodial
parent's obligation to provide (( health insurance coverage))
medical support?, 388-14A-4115 Can my support order reduce my
support obligation if I pay for health insurance?,
388-14A-4120 DCS uses the National Medical Support Notice to
enforce an obligation to provide health insurance coverage,
388-14A-4165 What happens when a noncustodial parent does not
earn enough to pay child support plus the health insurance
premium?, 388-14A-4175 (( Is an employer)) Who is required to
notify the division of child support when insurance coverage
for the children ends?, 388-14A-4180 When must the division of
child support communicate with the DSHS (( health and recovery
services)) medicaid purchasing administration?, 388-14A-5007
If the paying parent has more than one case, can DCS apply
support money to only one specific case?, 388-14A-6300 Duty of
the administrative law judge in a hearing to determine the
amount of a support obligation and 388-14A-8130 How does DCS
complete the WSCSS worksheets when setting a joint child
support obligation (( when the parents of)) for a child in
foster care (( are married and residing together))?; and new
sections WAC 388-14A-3127 How does DCS add a monthly financial
obligation to an existing administrative order for medical
support only?, 388-14A-3302 How does the division of child
support decide what notice to serve when there is already an
existing order for child support?, 388-14A-3311 How does DCS
prepare a notice of support owed to determine amounts owed to
establish a fixed dollar amount under an existing child
support order?, 388-14A-3316 When can a notice of support owed
become a final order?, 388-14A-3323 What happens in a hearing
on a notice of support owed served under WAC 388-14A-3311?,
388-14A-3324 What happens in a hearing on a notice of support
owed served under WAC 388-14A-3312?, 388-14A-3330 What are the
procedures for the annual review of a notice of support owed?,
388-14A-3410 What amount does DCS use for the self-support
reserve?, 388-14A-4111 When may DCS decline a request to
enforce a medical support obligation?, 388-14A-4800 When does
a child support order contain an undifferentiated amount of
child support?, 388-14A-4810 How does DCS determine if a
support order contains a differentiated or undifferentiated
amount of support?, 388-14A-4820 What can I do if I don't
agree with DCS' decision on whether my support order contains
a differentiated or undifferentiated amount of support?, and
388-14A-4830 How does DCS divide support obligations between
two or more cases when a support order does not contain a
differentiated amount of support?
Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-1020, 388-14A-2035, 388-14A-2036, 388-14A-3100, 388-14A-3115, 388-14A-3120, 388-14A-3125, 388-14A-3140, 388-14A-3200, 388-14A-3205, 388-14A-3300, 388-14A-3310, 388-14A-3312, 388-14A-3315, 388-14A-3317, 388-14A-3318, 388-14A-3320, 388-14A-3400, 388-14A-4100, 388-14A-4110, 388-14A-4112, 388-14A-4115, 388-14A-4120, 388-14A-4165, 388-14A-4175, 388-14A-4180, 388-14A-5007, 388-14A-6300, and 388-14A-8130.
Statutory Authority for Adoption: RCW 26.09.105(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040, 74.20A.055(9), and 74.20A.056(11).
Adopted under notice filed as WSR 11-07-013 on March 8, 2011.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 13, Amended 29, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, 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 13, Amended 29, Repealed 0.
Date Adopted: May 16, 2011.
Katherine I. Vasquez
Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 11-13 issue of the Register.