AN ACT Relating to child support; amending RCW 74.20A.055 and 74.20A.160; adding new sections to chapter 74.20 RCW; and repealing RCW 74.20.270.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) Child support amounts shall be established using the following child support schedule:

@lb @h0 CHILD SUPPORT SCHEDULE

PART ONE

!tM12,23,12,21 !TCCOMBINED!TCSUPPORT!SC ,001PAYMENT!TCCOMBINED!TCSUPPORT!SC ,001PAYMENT

!TCMONTHLY!TCPER!SC ,001CHILD!SC ,001IN!SC ,001A !TCMONTHLY!TCPER!SC ,001CHILD!SC ,001IN!SC ,001A

!TCGROSS!SC ,001INCOME!TC1!SC ,001CHILD!SC ,001FAMILY !TCGROSS!SC ,001INCOME!TC2!SC ,001CHILDREN!SC ,001FAMILY

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!tm12,7,7,7,12,7,7,7 !tr!TJ1!tcCHILD'S!SC ,001AGE!TR!TJ2!TCCHILD'S!SC ,001AGE

!tj1!tc0!sc-,0016!tc7!sc-,00115!tc16!sc-,00117 !tj1!tc0!sc-,0016!tc7!sc-,00115!tc16!sc-,00117

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@h1 !tc500!tt!tc120!tt!tc143!tt!tc167!tt!tc500!tt!tc90!tt!tc108!tt!tc125!tt

!tr550!tr132!tr158!tr183!tr550!tr99!tr118!tr138

!tr600!tr144!tr172!tr200!tr600!tr108!tr129!tr150

!tr650!tr156!tr186!tr216!tr650!tr117!tr140!tr163

!tr700!tr168!tr200!tr233!tr700!tr126!tr151!tr175

!tr750!tr180!tr215!tr250!tr750!tr135!tr161!tr188

!tr800!tr193!tr230!tr268!tr800!tr144!tr172!tr200

!tr850!tr200!tr238!tr277!tr850!tr153!tr183!tr213

!tr900!tr206!tr247!tr287!tr900!tr162!tr194!tr225

!tr950!tr213!tr254!tr296!tr950!tr171!tr204!tr237

!tr1000!tr219!tr262!tr305!tr1000!tr176!tr210!tr244

!tr1050!tr226!tr270!tr314!tr1050!tr181!tr216!tr251

!tr1100!tr232!tr277!tr322!tr1100!tr186!tr222!tr258

!tr1150!tr238!tr284!tr331!tr1150!tr191!tr228!tr265

!tr1200!tr244!tr292!tr339!tr1200!tr196!tr234!tr272

!tr1250!tr250!tr299!tr347!tr1250!tr200!tr239!tr278

!tr1300!tr256!tr305!tr355!tr1300!tr205!tr245!tr284

!tr1350!tr261!tr312!tr363!tr1350!tr209!tr250!tr291

!tr1400!tr267!tr319!tr371!tr1400!tr214!tr255!tr297

!tr1450!tr273!tr326!tr379!tr1450!tr218!tr261!tr303

!tr1500!tr278!tr332!tr386!tr1500!tr222!tr266!tr309

!tr1550!tr283!tr338!tr394!tr1550!tr227!tr271!tr315

!tr1600!tr289!tr345!tr401!tr1600!tr231!tr276!tr321

!tr1650!tr294!tr351!tr408!tr1650!tr235!tr281!tr326

!tr1700!tr299!tr357!tr415!tr1700!tr239!tr286!tr332

!tr1750!tr304!tr363!tr422!tr1750!tr243!tr290!tr338

!tr1800!tr309!tr369!tr429!tr1800!tr247!tr295!tr343

!tr1850!tr314!tr375!tr436!tr1850!tr251!tr300!tr349

!tr1900!tr319!tr381!tr443!tr1900!tr255!tr305!tr354

!tr1950!tr324!tr387!tr450!tr1950!tr259!tr309!tr359

!tr2000!tr329!tr393!tr457!tr2000!tr263!tr314!tr365

!tr2100!tr338!tr404!tr470!tr2100!tr270!tr323!tr375

!tr2200!tr348!tr415!tr483!tr2200!tr277!tr331!tr385

!tr2300!tr357!tr426!tr495!tr2300!tr285!tr340!tr395

!tr2400!tr366!tr437!tr508!tr2400!tr292!tr348!tr405

!tr2500!tr374!tr447!tr520!tr2500!tr299!tr357!tr415

!tr2600!tr383!tr458!tr532!tr2600!tr306!tr365!tr424

!tr2700!tr392!tr468!tr544!tr2700!tr312!tr373!tr434

!tr2800!tr400!tr478!tr556!tr2800!tr319!tr381!tr443

!tr2900!tr408!tr488!tr567!tr2900!tr325!tr389!tr452

!tr3000!tr416!tr497!tr578!tr3000!tr332!tr396!tr461

!tr3100!tr424!tr507!tr589!tr3100!tr338!tr404!tr470

!tr3200!tr432!tr516!tr600!tr3200!tr344!tr411!tr478

!tr3300!tr440!tr526!tr611!tr3300!tr351!tr419!tr487

!tr3400!tr448!tr535!tr622!tr3400!tr357!tr426!tr495

!tr3500!tr456!tr544!tr633!tr3500!tr363!tr433!tr504

!tr3600!tr463!tr553!tr643!tr3600!tr369!tr440!tr512

!tr3700!tr471!tr562!tr654!tr3700!tr375!tr447!tr520

!tr3800!tr478!tr571!tr664!tr3800!tr380!tr454!tr528

!tr3900!tr485!tr580!tr674!tr3900!tr386!tr461!tr536

!tr4000!tr492!tr588!tr684!tr4000!tr392!tr468!tr544

!tr4250!tr510!tr609!tr709!tr4250!tr406!tr485!tr563

!tr4500!tr527!tr630!tr733!tr4500!tr419!tr501!tr582

!tr4750!tr544!tr650!tr756!tr4750!tr433!tr517!tr601

!tr5000!tr561!tr670!tr779!tr5000!tr446!tr532!tr619

!tr5250!tr577!tr689!tr801!tr5250!tr458!tr547!tr637

!tr5500!tr593!tr708!tr823!tr5500!tr471!tr562!tr654

!tr5750!tr608!tr727!tr845!tr5750!tr483!tr577!tr671

!tr6000!tr624!tr745!tr866!tr6000!tr495!tr591!tr687

!w×

@h3 @h0 CHILD SUPPORT SCHEDULE

PART TWO

!tM12,23,12,21 !TCCOMBINED!TCSUPPORT!SC ,001PAYMENT!TCCOMBINED!TCSUPPORT!SC ,001PAYMENT

!TCMONTHLY!TCPER!SC ,001CHILD!SC ,001IN!SC ,001A !TCMONTHLY!TCPER!SC ,001CHILD!SC ,001IN!SC ,001A

!TCGROSS!SC ,001INCOME!TC3!SC ,001CHILDREN!SC ,001FAMILY !TCGROSS!SC ,001INCOME!TC4!SC ,001CHILDREN!SC ,001FAMILY

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!tm12,7,7,7,12,7,7,7 !tr!TJ1!tcCHILD'S!SC ,001AGE!TR!TJ2!TCCHILD'S!SC ,001AGE

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@h1 !tc500!tt!tc72!tt!tc86!tt!tc100!tt!tc500!tt!tc60!tt!tc72!tt!tc83!tt

!tr550!tr79!tr95!tr110!tr550!tr66!tr79!tr92

!tr600!tr86!tr103!tr120!tr600!tr72!tr86!tr100

!tr650!tr94!tr112!tr130!tr650!tr78!tr93!tr108

!tr700!tr101!tr120!tr140!tr700!tr84!tr100!tr117

!tr750!tr108!tr129!tr150!tr750!tr90!tr108!tr125

!tr800!tr115!tr138!tr160!tr800!tr96!tr115!tr133

!tr850!tr122!tr146!tr170!tr850!tr102!tr122!tr142

!tr900!tr130!tr155!tr180!tr900!tr108!tr129!tr150

!tr950!tr137!tr163!tr190!tr950!tr114!tr136!tr158

!tr1000!tr144!tr172!tr200!tr1000!tr120!tr143!tr167

!tr1050!tr151!tr181!tr210!tr1050!tr126!tr151!tr175

!tr1100!tr159!tr189!tr220!tr1100!tr132!tr158!tr183

!tr1150!tr163!tr195!tr227!tr1150!tr138!tr165!tr192

!tr1200!tr168!tr200!tr233!tr1200!tr144!tr172!tr200

!tr1250!tr172!tr206!tr239!tr1250!tr150!tr179!tr209

!tr1300!tr177!tr211!tr245!tr1300!tr154!tr184!tr214

!tr1350!tr181!tr216!tr252!tr1350!tr157!tr188!tr218

!tr1400!tr185!tr222!tr258!tr1400!tr161!tr192!tr223

!tr1450!tr190!tr227!tr264!tr1450!tr164!tr196!tr228

!tr1500!tr194!tr232!tr269!tr1500!tr167!tr200!tr232

!tr1550!tr198!tr237!tr275!tr1550!tr171!tr204!tr237

!tr1600!tr202!tr242!tr281!tr1600!tr174!tr208!tr241

!tr1650!tr206!tr247!tr287!tr1650!tr177!tr211!tr246

!tr1700!tr210!tr251!tr292!tr1700!tr180!tr215!tr250

!tr1750!tr214!tr256!tr298!tr1750!tr183!tr219!tr254

!tr1800!tr218!tr261!tr303!tr1800!tr186!tr222!tr259

!tr1850!tr222!tr266!tr309!tr1850!tr189!tr226!tr263

!tr1900!tr226!tr270!tr314!tr1900!tr192!tr230!tr267

!tr1950!tr230!tr275!tr320!tr1950!tr195!tr233!tr271

!tr2000!tr234!tr279!tr325!tr2000!tr198!tr237!tr275

!tr2100!tr241!tr288!tr335!tr2100!tr204!tr244!tr283

!tr2200!tr249!tr297!tr346!tr2200!tr210!tr250!tr291

!tr2300!tr256!tr306!tr356!tr2300!tr215!tr257!tr299

!tr2400!tr263!tr315!tr366!tr2400!tr221!tr264!tr306

!tr2500!tr271!tr323!tr376!tr2500!tr226!tr270!tr314

!tr2600!tr277!tr331!tr385!tr2600!tr231!tr276!tr321

!tr2700!tr284!tr340!tr395!tr2700!tr236!tr282!tr328

!tr2800!tr291!tr348!tr404!tr2800!tr242!tr289!tr336

!tr2900!tr298!tr356!tr414!tr2900!tr247!tr295!tr343

!tr3000!tr305!tr364!tr423!tr3000!tr252!tr301!tr349

!tr3100!tr311!tr372!tr432!tr3100!tr257!tr306!tr356

!tr3200!tr318!tr379!tr441!tr3200!tr261!tr312!tr363

!tr3300!tr324!tr387!tr450!tr3300!tr266!tr318!tr370

!tr3400!tr330!tr395!tr459!tr3400!tr271!tr324!tr376

!tr3500!tr337!tr402!tr468!tr3500!tr276!tr329!tr383

!tr3600!tr343!tr410!tr476!tr3600!tr280!tr335!tr389

!tr3700!tr349!tr417!tr485!tr3700!tr285!tr340!tr395

!tr3800!tr355!tr424!tr493!tr3800!tr289!tr345!tr402

!tr3900!tr361!tr432!tr502!tr3900!tr294!tr351!tr408

!tr4000!tr367!tr439!tr510!tr4000!tr298!tr356!tr414

!tr4250!tr382!tr456!tr531!tr4250!tr309!tr369!tr429

!tr4500!tr397!tr474!tr551!tr4500!tr319!tr382!tr444

!tr4750!tr411!tr491!tr571!tr4750!tr330!tr394!tr458

!tr5000!tr425!tr507!tr590!tr5000!tr340!tr406!tr472

!tr5250!tr438!tr524!tr609!tr5250!tr350!tr418!tr486

!tr5500!tr452!tr540!tr628!tr5500!tr360!tr429!tr499

!tr5750!tr465!tr556!tr646!tr5750!tr369!tr441!tr513

!tr6000!tr478!tr571!tr664!tr6000!tr378!tr452!tr526

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@h3 @h0 CHILD SUPPORT SCHEDULE

PART THREE

!tM12,23,12,21 !TCCOMBINED!TCSUPPORT!SC ,001PAYMENT!TCCOMBINED!TCSUPPORT!SC ,001PAYMENT

!TCMONTHLY!TCPER!SC ,001CHILD!SC ,001IN!SC ,001A !TCMONTHLY!TCPER!SC ,001CHILD!SC ,001IN!SC ,001A

!TCGROSS!SC ,001INCOME!TC5!SC ,001CHILDREN!SC ,001FAMILY !TCGROSS!SC ,001INCOME!TC6!SC ,001CHILDREN!SC ,001FAMILY

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!tm12,7,7,7,12,7,7,7 !tr!TJ1!tcCHILD'S!SC ,001AGE!TR!TJ2!TCCHILD'S!SC ,001AGE

!tj1!tc0!sc-,0016!tc7!sc-,00115!tc16!sc-,00117 !tj1!tc0!sc-,0016!tc7!sc-,00115!tc16!sc-,00117

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@h1 !tc500!tt!tc51!tt!tc61!tt!tc71!tt!tc500!tt!tc45!tt!tc54!tt!tc63!tt

!tr550!tr57!tr68!tr79!tr550!tr50!tr59!tr69

!tr600!tr62!tr74!tr86!tr600!tr54!tr65!tr75

!tr650!tr67!tr80!tr93!tr650!tr59!tr70!tr81

!tr700!tr72!tr86!tr100!tr700!tr63!tr75!tr88

!tr750!tr77!tr92!tr107!tr750!tr68!tr81!tr94

!tr800!tr82!tr98!tr114!tr800!tr72!tr86!tr100

!tr850!tr87!tr104!tr121!tr850!tr77!tr91!tr106

!tr900!tr93!tr111!tr129!tr900!tr81!tr97!tr113

!tr950!tr98!tr117!tr136!tr950!tr86!tr102!tr119

!tr1000!tr103!tr123!tr143!tr1000!tr90!tr108!tr125

!tr1050!tr108!tr129!tr150!tr1050!tr95!tr113!tr131

!tr1100!tr113!tr135!tr157!tr1100!tr99!tr118!tr138

!tr1150!tr118!tr141!tr164!tr1150!tr104!tr124!tr144

!tr1200!tr123!tr147!tr171!tr1200!tr108!tr129!tr150

!tr1250!tr129!tr154!tr179!tr1250!tr113!tr134!tr156

!tr1300!tr134!tr160!tr186!tr1300!tr117!tr140!tr163

!tr1350!tr139!tr166!tr193!tr1350!tr122!tr145!tr169

!tr1400!tr144!tr172!tr200!tr1400!tr126!tr151!tr175

!tr1450!tr147!tr176!tr204!tr1450!tr131!tr156!tr181

!tr1500!tr150!tr179!tr208!tr1500!tr135!tr161!tr188

!tr1550!tr153!tr182!tr212!tr1550!tr140!tr167!tr194

!tr1600!tr156!tr186!tr216!tr1600!tr142!tr170!tr198

!tr1650!tr158!tr189!tr220!tr1650!tr145!tr173!tr201

!tr1700!tr161!tr192!tr224!tr1700!tr147!tr176!tr205

!tr1750!tr164!tr196!tr227!tr1750!tr150!tr179!tr208

!tr1800!tr166!tr199!tr231!tr1800!tr152!tr182!tr211

!tr1850!tr169!tr202!tr235!tr1850!tr154!tr185!tr215

!tr1900!tr172!tr205!tr238!tr1900!tr157!tr187!tr218

!tr1950!tr174!tr208!tr242!tr1950!tr159!tr190!tr221

!tr2000!tr177!tr211!tr246!tr2000!tr161!tr193!tr224

!tr2100!tr182!tr217!tr253!tr2100!tr166!tr198!tr230

!tr2200!tr187!tr223!tr259!tr2200!tr170!tr203!tr236

!tr2300!tr192!tr229!tr266!tr2300!tr175!tr209!tr242

!tr2400!tr196!tr234!tr273!tr2400!tr179!tr214!tr248

!tr2500!tr201!tr240!tr279!tr2500!tr183!tr219!tr254

!tr2600!tr206!tr246!tr285!tr2600!tr187!tr223!tr260

!tr2700!tr210!tr251!tr292!tr2700!tr191!tr228!tr265

!tr2800!tr214!tr256!tr298!tr2800!tr195!tr233!tr271

!tr2900!tr219!tr261!tr304!tr2900!tr199!tr238!tr276

!tr3000!tr223!tr267!tr310!tr3000!tr203!tr242!tr282

!tr3100!tr227!tr272!tr316!tr3100!tr206!tr247!tr287

!tr3200!tr232!tr277!tr322!tr3200!tr210!tr251!tr292

!tr3300!tr236!tr282!tr327!tr3300!tr214!tr255!tr297

!tr3400!tr240!tr286!tr333!tr3400!tr217!tr260!tr302

!tr3500!tr244!tr291!tr339!tr3500!tr221!tr264!tr307

!tr3600!tr248!tr296!tr344!tr3600!tr225!tr268!tr312

!tr3700!tr252!tr301!tr350!tr3700!tr228!tr272!tr317

!tr3800!tr256!tr305!tr355!tr3800!tr323!tr277!tr322

!tr3900!tr259!tr310!tr360!tr3900!tr235!tr281!tr326

!tr4000!tr463!tr314!tr366!tr4000!tr238!tr285!tr331

!tr4250!tr273!tr326!tr379!tr4250!tr247!tr294!tr342

!tr4500!tr282!tr336!tr391!tr4500!tr255!tr304!tr354

!tr4750!tr290!tr347!tr403!tr4750!tr262!tr313!tr364

!tr5000!tr299!tr357!tr416!tr5000!tr270!tr323!tr375

!tr5250!tr308!tr367!tr427!tr5250!tr278!tr332!tr386

!tr5500!tr316!tr377!tr439!tr5500!tr285!tr340!tr396

!tr5750!tr324!tr387!tr450!tr5750!tr292!tr349!tr406

!tr6000!tr332!tr397!tr461!tr6000!tr299!tr357!tr416

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@h3 @la (2) The support amount shall be the dollar figure identified in the schedule required to support one child. The support amount shall be based upon the child's age, parents' combined gross income, and family size.

(3) The gross income of each parent shall be determined on the following basis:

(a) Gross income shall include all earned and unearned income of a parent except public assistance moneys, child support payments received for other children, income of a spouse or cohabitant who is not responsible for the support of the child, or income expended for monthly support payments according to preexisting support orders.

(b) If the income of either or both of the parents is not known, or either or both of the parents are voluntarily unemployed or underemployed, gross income shall be determined by ability to earn.

(4) Combined gross income shall be the sum of the parents' gross incomes.

(5) Family size shall mean all children for whom support is to be established.

NEW SECTION. Sec. 2. Each parent shall contribute to the support of his or her child or children. Each parent's contribution towards the support amount shall be apportioned based upon his or her contribution to the combined gross income.

(1) Each parent's support apportionment percentage shall be his or her gross income divided by the combined gross income.

(2) Each parent's support contribution shall be the support amount from the schedule multiplied by the parent's support apportionment percentage.

(3) In addition to the support contribution, child care payments and medical expenses shall be ordered when needed.

(a) Average monthly child care costs shall be determined by totaling annual child care costs and dividing by twelve.

(b) Each parent's child care obligation shall be determined by multiplying his or her support apportionment percentage by the average monthly child care costs.

(4) Each parent's total child support obligation shall be the sum of his or her support contribution for each child for whom support is being determined in addition to his or her child care obligation and medical payments.

NEW SECTION. Sec. 3. In any proceeding where child support is at issue, the superior court or the office of administrative hearings, as applicable, shall order child support as set forth in the schedule under section 1 of this act, unless express written findings of fact justify deviation from the schedule based upon one or more of the following:

(1) Adequate funding is provided for the primary residence of the child to meet the child's basic needs from other than public funds and there is a significant sharing of the child's residential time which results in an actual reduction of the necessary expenses incurred by the parent to whom the support is payable; or

(2) Considering the circumstances of all parties, an order pursuant to the standard would result in a severe economic hardship to one of the parties. In reviewing cases of severe economic hardship, the parent's financial obligation to the minor child shall be given priority over other financial obligations; or

(3) If the gross income of the parent or parents, exceeds the maximum level provided for in the schedule, support shall be ordered at the maximum amount set forth on the schedule and an additional amount shall be determined based upon equitable principles; or

(4) If the combined gross income of the parents is below the lowest level on the schedule, support shall be determined based upon equitable principles which both require a support payment and consider the needs of the parents.

NEW SECTION. Sec. 4. (1) The office of support enforcement, in cooperation with the office of the administrator for the courts and with public participation and input, shall review the schedule every three years and submit a report to the legislature. The report shall, if warranted, include recommendations for revisions based upon changes in economic data.

(2) The review shall consider and revisions shall be based upon:

(a) Updated economic data which accurately reflects family spending and child rearing costs for families of different sizes and income levels in the state of Washington;

(b) Appropriate adjustments for significant changes in child rearing costs at different age levels;

(c) The need for funding of the child's primary residence by a payment which is sufficient to meet the basic needs of the child; and

(d) Provisions for health care coverage and, when needed, child care payments.

Sec. 5. Section 25, chapter 183, Laws of 1973 1st ex. sess. as last amended by section 8, chapter 189, Laws of 1982 and RCW 74.20A.055 are each amended to read as follows:

(1) The secretary may, in the absence of a superior court order, serve on the responsible parent or parents a notice and finding of financial responsibility requiring a responsible parent or parents to appear and show cause in a hearing held by the department why the finding of responsibility and/or the amount thereof is incorrect, should not be finally ordered, but should be rescinded or modified. This notice and finding shall relate to the support debt accrued and/or accruing under this chapter and/or RCW 26.16.205, including periodic payments to be made in the future for such period of time as the child or children of said responsible parent or parents are in need. Said hearing shall be held pursuant to RCW 74.20A.055, chapter 34.04 RCW, and the rules and regulations of the department, which shall provide for a fair hearing.

(2) The notice and finding of financial responsibility shall be served in the same manner prescribed for the service of a summons in a civil action or may be served on the responsible parent by certified mail, return receipt requested. The receipt shall be prima facie evidence of service. The notice shall be served upon the debtor within sixty days from the date the state assumes responsibility for the support of the dependent child or children on whose behalf support is sought. If the notice is not served within sixty days from such date, the department shall lose the right to reimbursement of payments made after the sixty-day period and before the date of notification: PROVIDED, That if the department exercises reasonable efforts to locate the debtor and is unable to do so the entire sixty-day period is tolled until such time as the debtor can be located. Any responsible parent who objects to all or any part of the notice and finding shall have the right for not more than twenty days from the date of service to request in writing a hearing, which request shall be served upon the department by registered or certified mail or personally. If no such request is made, the notice and finding of responsibility shall become final and the debt created therein shall be subject to collection action as authorized under this chapter. If a timely request is made, the execution of notice and finding of responsibility shall be stayed pending the decision on such hearing. If no timely written request for a hearing has previously been made, the responsible parent may petition the secretary or the secretary's designee at any time for a hearing as provided for in this section upon a showing of good cause for the failure to make a timely request for hearing. The filing of the petition for a hearing after the twenty-day period shall not affect any collection action previously taken under this chapter. The granting of a request for the hearing shall operate as a stay on any future collection action, pending the final decision of the secretary or the secretary's designee on the hearing. Moneys withheld as a result of collection action in effect at the time of the granting of the request for the hearing shall be delivered to the department and shall be held in trust by the department pending the final order of the secretary or during the pendency of any appeal to the courts made under chapter 34.04 RCW. The department may petition the administrative law judge to set temporary current and future support to be paid beginning with the month in which the petition for an untimely hearing is granted. The administrative law judge shall order payment of temporary current and future support if appropriate in an amount determined pursuant to ((~~the scale of suggested minimum contributions adopted under RCW 74.20.270~~)) section 1 of this 1987 act. In the event the responsible parent does not make payment of the temporary current and future support as ordered by the hearing examiner, the department may take collection action pursuant to chapter 74.20A RCW during the pendency of the hearing or thereafter to collect any amounts owing under the order. Temporary current and future support paid, or collected, during the pendency of the hearing or appeal shall be disbursed to the custodial parent or as otherwise appropriate when received by the department. If the final decision of the department, or of the courts on appeal, is that the department has collected from the responsible parent other than temporary current or future support, an amount greater than such parent's past support debt, the department shall promptly refund any such excess amount to such parent.

(3) Hearings may be held in the county of residence or other place convenient to the responsible parent. Any such hearing shall be a "contested case" as defined in RCW 34.04.010. The notice and finding of financial responsibility shall set forth the amount the department has determined the responsible parent owes, the support debt accrued and/or accruing, and periodic payments to be made in the future for such period of time as the child or children of the responsible parent are in need, all computable on the basis of the need alleged. The notice and finding shall also include a statement of the name of the recipient or custodian and the name of the child or children for whom need is alleged; and/or a statement of the amount of periodic future support payments as to which financial responsibility is alleged.

(4) The notice and finding shall include a statement that the responsible parent may object to all or any part of the notice and finding, and request a hearing to show cause why said responsible parent should not be determined to be liable for any or all of the debt, past and future.

The notice and finding shall include a statement that, if the responsible parent fails in timely fashion to request a hearing, the support debt and payments stated in the notice and finding, including periodic support payments in the future, shall be assessed and determined and ordered by the department and that this debt shall be subject to collection action; a statement that the property of the debtor, without further advance notice or hearing, will be subject to lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver to satisfy the debt.

(5) If a hearing is requested, it shall be promptly scheduled, in no more than thirty days. The hearing, including a hearing on prospective modification, shall be conducted by an administrative law judge appointed under chapter 34.12 RCW.

After evidence has been presented at hearings conducted by the administrative law judge, the administrative law judge shall enter an initial decision and order which shall be in writing and shall contain findings and conclusions as to each contested issue of fact and law, as well as the order based thereon. The administrative law judge shall file the original of the initial decision and order, signed by the administrative law judge, with the secretary or the secretary's designee. Copies of the initial decision and order shall be mailed by the administrative law judge to the department and to the appellant by certified mail to the last known address of each party. Within thirty days of filing, either the appellant or the department may file with the secretary or the secretary's designee a written petition for review of the initial decision and order. The petition for review shall set forth in detail the basis for the requested review and shall be mailed by the petitioning party to the other party by certified or registered mail to the last known address of the party.

The petition shall be based on any of the following causes materially affecting the substantial rights of the petitioner:

(a) Irregularity in the proceedings of the administrative law judge or adverse party, or any order of the administrative law judge, or abuse of discretion, by which the moving party was prevented from having a fair hearing;

(b) Misconduct of the prevailing party;

(d) Newly discovered evidence, material for the party making the application, which the party could not with reasonable diligence have discovered and produced at the hearing;

(e) That there is no evidence or reasonable inference from the evidence to justify the decision, or that it is contrary to law;

(f) Error in mathematical computation;

(g) Error in law occurring at the hearing and objected to at the time by the party making the application;

(h) That the moving party is unable to perform according to the terms of the order without further clarification;

(i) That substantial justice has not been done;

(j) Fraud or misstatement of facts by any witness, which materially affects the debt;

(k) Clerical mistakes in the decision arising from oversight or omission; or

(l) That the decision and order entered because the responsible parent failed to appear at the hearing should be vacated and the matter be remanded for a hearing upon showing of the grounds enumerated in RCW 4.72.010 or superior court civil rule 60.

In the event no petition for review is made as provided in this subsection by any party, the initial decision and order of the administrative law judge is final as of the date of filing and becomes the decision and order of the secretary. No appeal may be taken therefrom to the courts and the debt created is subject to collection action as authorized by this chapter.

After the receipt of a petition for review, the secretary or the secretary's designee shall consider the initial decision and order, the petition or petitions for review, the record or any part thereof, and such additional evidence and argument as the secretary or the secretary's designee may in his or her discretion allow. The secretary or the secretary's designee may remand the proceedings to the administrative law judge for additional evidence or argument. The secretary or the secretary's designee may deny review of the initial decision and order and thereupon deny the petition or petitions at which time the initial decision and order shall be final as of the date of the denial and all parties shall forthwith be notified, in writing, of the denial, by certified mail to the last known address of the parties. Unless the petition is denied, the secretary or the secretary's designee shall review the initial decision and order and shall make the final decision and order of the department. The final decision and order shall be in writing and shall contain findings of fact and conclusions of law as to each contested issue of fact and law. A copy of the decision and order, including the findings and conclusions, shall be mailed to each party to the appeal by certified mail to the last known address of the party. The decision and order shall authorize collection action, as appropriate, under this chapter.

(6) The administrative law judge in his or her initial decision, or the secretary or the secretary's designee in review of the initial decision, shall determine the past liability and responsibility, if any, of the alleged responsible parent and shall also determine the amount of periodic payments to be made in the future, which amount is not limited by the amount of any public assistance payment made to or for the benefit of the child. In making these determinations, the administrative law judge, and the secretary or the secretary's designee, shall include in his or her considerations:

(a) All earnings and income resources of the responsible parent, including real and personal property;

(b) The earnings potential of the responsible parent;

(d) The ability of the responsible parent to borrow;

(e) The needs of the child for whom the support is sought;

(f) The amount of assistance which would be paid to the child under the full standard of need of the state's public assistance plan;

(g) The existence of other dependents; and

(h) That the child, for whom support is sought, benefits from the income and resources of the responsible parent on an equitable basis in comparison with any other minor children of the responsible parent.

If the responsible parent fails to appear at the hearing, upon a showing of valid service, the administrative law judge shall enter an initial decision and order declaring the support debt and payment provisions stated in the notice and finding of financial responsibility to be assessed and determined and subject to collection action. Within thirty days of entry of said decision and order, the responsible parent may petition the secretary or the secretary's designee to vacate said decision and order upon a showing of any of the grounds enumerated in RCW 4.72.010 or superior court civil rule 60.

(7) The final decision entered pursuant to this section shall be entered as a decision and order and shall limit the support debt to the amounts stated in said decision: PROVIDED, That said decision establishing liability and/or future periodic support payments shall be superseded upon entry of a superior court order for support to the extent the superior court order is inconsistent with the hearing order or decision: PROVIDED FURTHER, That in the absence of a superior court order, either the responsible parent or the department may petition the secretary or his designee for issuance of an order to appear and show cause based on a showing of good cause and material change of circumstances, to require the other party to appear and show cause why the decision previously entered should not be prospectively modified. Said order to appear and show cause together with a copy of the petition and affidavit upon which the order is based shall be served in the manner of a summons in a civil action or by certified mail, return receipt requested, on the other party by the petitioning party. A hearing shall be set not less than fifteen nor more than thirty days from the date of service, unless extended for good cause shown. Prospective modification may be ordered, but only upon a showing of good cause and material change of circumstances. The decision and order for prospective modification entered by the administrative law judge shall be an initial decision subject to review by the secretary or the secretary's designee as provided for in this section.

(8) The administrative law judge, in making the initial decision and the secretary or the secretary's designee in the final decision determining liability and/or future periodic support payments, shall consider the standards promulgated pursuant to RCW 74.20.270 and any standards for determination of support payments used by the superior court of the county of residence of the responsible parent.

(9) Debts determined pursuant to this section, accrued and not paid, are subject to collection action under this chapter without further necessity of action by the administrative law judge, or the secretary or secretary's designee.

(10) "Need" as used in this section shall mean the necessary costs of food, clothing, shelter, and medical attendance for the support of a dependent child or children. ((The amount determined by reference to the schedule of suggested minimum contributions adopted under RCW 74.20.270, based on the earnings, resources, and property of the alleged responsible parent, shall be a rebuttable presumption of the alleged responsible parent's ability to pay and the need of the family: PROVIDED, That such responsible parent shall be presumed to have no ability to pay child support under this chapter from any income received from aid to families with dependent children, supplemental security income, or continuing general assistance.))

Sec. 6. Section 16, chapter 164, Laws of 1971 ex. sess. as last amended by section 8, chapter 276, Laws of 1985 and RCW 74.20A.160 are each amended to read as follows:

With respect to any arrearages on a support debt assessed under RCW 74.20A.040, 74.20A.055, or ((~~74.20A.270~~)) chapter 74.20A RCW, the secretary may at any time consistent with the income, earning capacity and resources of the debtor, set or reset a level and schedule of payments to be paid upon a support debt. The secretary may, upon petition of the debtor providing sufficient evidence of hardship, after consideration of the standards established ((~~in RCW 74.20.270~~)) under chapter 74.20 RCW, release or refund moneys taken pursuant to RCW 74.20A.080 to provide for the reasonable necessities of the responsible parent or parents and minor children in the home of the responsible parent. Nothing in this section shall be construed to require the secretary to take any action which would require collection of less than the obligation for current support required under a superior court order or an administrative order or to take any action which would result in a bar of collection of arrearages from the debtor by reason of the statute of limitations.

NEW SECTION. Sec. 7. Section 12, chapter 206, Laws of 1963, section 369, chapter 141, Laws of 1979 and RCW 74.20.270 are each repealed.

NEW SECTION. Sec. 8. Sections 1 through 4 of this act are each added to chapter 74.20 RCW

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.