H-3368.1 _______________________________________________
HOUSE BILL 2251
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Appelwick, Padden, Winsley and Paris
Prefiled 12/19/91. Read first time 01/13/92. Referred to Committee on Judiciary.
AN ACT Relating to correction of double amendments relating to support obligations; and reenacting and amending RCW 26.23.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 26.23.110 and 1989 c 360 s 16 and 1989 c 175 s 77 are each reenacted and amended to read as follows:
(1) The department may serve a notice of support owed on a responsible parent when a support order:
(a) Does not state the current and future support obligation as a fixed dollar amount; or
(b)
Contains an escalation clause or adjustment provision for which additional
information not contained in the support order is needed to determine
the fixed dollar amount of the ((accrued)) support debt ((and/))or
the fixed dollar amount of the current and future support
obligation, or both.
(2) The notice of support owed shall facilitate enforcement of the support order and implement and effectuate the terms of the support order, rather than modify those terms. When the office of support enforcement issues a notice of support owed, the office shall inform the payee under the support order.
(3)
The notice of support owed shall be served on a responsible parent by personal
service or any form of mailing requiring a return receipt. The notice of
support owed shall contain an initial finding of the fixed dollar
amount of current and future support obligation that should be paid ((and/))or
the fixed dollar amount of the support debt owed under the support order,
or both.
(4) A responsible parent who objects to the fixed dollar amounts stated in the notice of support owed has twenty days from the date of the service of the notice of support owed to file an application for an adjudicative proceeding or initiate an action in superior court.
(5) The notice of support owed shall state that the responsible parent may:
(a)
File an application for an adjudicative proceeding governed by chapter 34.05
RCW, the administrative procedure act, in which the responsible
parent will be required to appear and show cause why the fixed dollar
amount of support debt or current and future support obligation, or both,
stated in the notice ((for current and future support and/or the accrued
support debt)) of support owed is incorrect and should not be
ordered; or
(b) Initiate an action in superior court.
(6) If
the responsible parent does not file an application for an adjudicative
proceeding or initiate an action in superior court, the fixed dollar
amount of current and future support ((and/)) obligation or ((the))
support debt, or both, stated in the notice of support owed shall
become final and subject to collection action.
(7) If
an adjudicative proceeding is requested, the department shall mail a copy of
the notice of ((hearing)) adjudicative proceeding to the payee
under the support order at the payee's last known address. A payee who appears
for the ((hearing shall be allowed)) adjudicative proceeding is
entitled to participate. Participation includes, but is not limited to,
giving testimony, presenting evidence, being present for or listening to other
testimony offered in the adjudicative proceeding, and offering rebuttal
to other testimony. ((Nothing in this section shall preclude)) The
administrative law judge ((from limiting)) may limit
participation to preserve the confidentiality of information protected by law.
(8) If the responsible parent does not initiate an action in superior court, and serve notice of the action on the department within the twenty-day period, the responsible parent shall be deemed to have made an election of remedies and shall be required to exhaust administrative remedies under this chapter with judicial review available as provided for in RCW 34.05.510 through 34.05.598.
(9) An
adjudicative order entered in accordance with this section shall state the
basis, rationale, or formula upon which the fixed dollar amounts
established in the adjudicative order were based. The fixed dollar
amount of current and future support ((and/)) obligation or the
amount of the support debt, or both, determined under this section shall
be subject to collection under this chapter and other applicable state
statutes.
(10) The department shall also provide for:
(a) An annual review of the support order if either the office of support enforcement or the responsible parent requests such a review; and
(b) A
late ((hearing)) adjudicative proceeding if the responsible
parent fails to file an application for an adjudicative proceeding in a timely
manner under this section.
(11)
If an annual review or late ((hearing)) adjudicative proceeding
is requested under subsection (10) of this section, the department shall mail a
copy of the notice of ((hearing)) adjudicative proceeding to the
payee at the payee's last known address. A payee who appears for the adjudicative
proceeding ((shall be allowed)) is entitled to participate.
Participation includes, but is not limited to, giving testimony, presenting
evidence, being present for or listening to other testimony offered in the adjudicative
proceeding, and offering rebuttal to other testimony. ((Nothing in this
section shall preclude)) The administrative law judge ((from
limiting)) may limit participation to preserve the confidentiality
of information protected by law.