WSR 19-19-060
PERMANENT RULES
DEPARTMENT OF
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
[Filed September 16, 2019, 11:40 a.m., effective October 17, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department of social and health services division of child support (DCS) is amending WAC 388-14A-5400 in order to clarify that the debt adjustment notice process described in that section applies not only to court orders for child support, but to any child support order. WAC 388-14A-5400 How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?
The debt adjustment notice process is used to provide notice to a custodial parent (CP) that DCS has reduced the amount of support debt on a case if that reduction was due to specific reasons listed in the rule, this notice gives CP a right to hearing if CP objects to the debt adjustment. Those reasons are: (1) A mathematical error in the debt calculation; (2) a typographical error in the stated debt; (3) proof that DCS should have suspended the support obligation for all or part of the time period involved in the calculation; or (4) proof that the noncustodial parent (NCP) made payments that DCS had not previously credited against the support debt.
Before this change, the rule provided that this process was used for adjustment of debt owed under a court order for child support, but DCS uses this process for any child support order. Occasionally, an administrative law judge will dismiss a hearing based on a debt adjustment notice based on the reduction of debt under an administrative child support order. Such a technical reading has a due process impact and DCS is amending the rule to ensure that all custodial parents have the same right to notice and a hearing when DCS reduces the support debt on a case.
Citation of Rules Affected by this Order: Amending WAC 388-14A-5400.
Adopted under notice filed as WSR 19-15-102 on July 22, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.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 0, Amended 1, Repealed 0.
Date Adopted: September 16, 2019.
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)
WAC 388-14A-5400How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?
(1) The division of child support (DCS) mails a debt adjustment notice to the payee under a ((court))child support order within thirty days of the date DCS reduces the amount of the ((court-ordered)) support debt it intends to collect if that reduction was due to:
(a) A mathematical error in the debt calculation;
(b) A typographical error in the stated debt;
(c) Proof that DCS should have suspended the support obligation for all or part of the time period involved in the calculation; or
(d) Proof the noncustodial parent (NCP) made payments that DCS had not previously credited against the support debt.
(2) The debt adjustment notice must contain the following information:
(a) The amount of the reduction;
(b) The reason DCS reduced the support debt, as provided under subsection (1) of this section;
(c) The name of the NCP and a statement that the NCP may attend and participate as an independent party in any hearing requested by the payee under this section; and
(d) A statement that DCS continues to provide support enforcement services whether or not the payee objects to the debt adjustment notice.
(3) A debt adjustment notice served in Washington becomes final unless the payee, within twenty days of service of the notice in Washington, files a request with DCS for a hearing under subsection (4) of this section. The effective date of a hearing request is the date DCS receives the request.
(4) A debt adjustment notice served in another state becomes final according to WAC 388-14A-7200.
(5) A hearing under this section is for the limited purpose of determining if DCS correctly reduced the support debt as stated in the notice of debt adjustment.
(6) A payee who requests a late hearing must show good cause for filing a late hearing request if it is filed more than one year after the date of the notice of debt adjustment.