WSR 00-15-016

PERMANENT RULES

DEPARTMENT OF

SOCIAL AND HEALTH SERVICES
(Economic Services Administration)

(Division of Child Support)

[ Filed July 10, 2000, 4:26 p.m. , effective October 1, 2000 ]

Date of Adoption: July 10, 2000.

Purpose: The Division of Child Support seeks to revise its procedures for preparing and serving a support establishment notice under RCW 74.20A.055 or 74.20A.056. After the Division of Child Support enacted changes to the WAC regarding procedures for preparing and serving support establishment notices so as to give the physical custodian of the child full party status, DCS staff requested that the procedures be revised. DCS commissioned a quality improvement team to look at the process and the QIT has come up with suggestions on how the preparation and service of the support establishment notice can be streamlined, revised and improved. DCS believes the new method will be more efficient and easier to understand, and will result in better customer service for both custodial and noncustodial parents.

Citation of Existing Rules Affected by this Order: WAC 388-14A-3100 How does the division of child support establish a child support obligation when there is no child support order?, 388-14A-3102 When the parents have signed a paternity affidavit, which support establishment notice does the Division of Child Support serve on the noncustodial parent?, 388-14A-3105 How does the division of child support serve support establishment notices?, 388-14A-3110 When can a support establishment notice become a final 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 a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services, 388-14A-3130 What happens if a parent makes a timely request for hearing on a support establishment notice?, 388-14A-3131 What happens if neither parent appears for the hearing?, 388-14A-3132 What happens if only one parent appears for the hearing?, 388-14A-3133 What happens when the noncustodial parent and the custodial parent both appear for the hearing?, 388-14A-3135 Late hearings, or hearing on untimely objections to support establishment notices, 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?; amending WAC 388-11-011, 388-11-100, 388-11-120, 388-11-150, 388-11-305 and 388-11-310; and repealing WAC 388-11-285, 388-11-290, 388-11-295, 388-11-400, 388-11-415, 388-11-420, 388-11-425, 388-11-430, and 388-11-445.

Statutory Authority for Adoption: RCW 34.05.220(1), 74.08.090, 74.20A.055, 74.20A.056.

Adopted under notice filed as WSR 00-10-096 on May 2, 2000.

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 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 15, Amended 6, Repealed 10.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 15, Amended 6, Repealed 10.

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 15, Amended 6, Repealed 10. Effective Date of Rule: October 1, 2000.

July 10, 2000

Edith M. Rice, Chief

Office of Legal Affairs

2639.6
Chapter 388-14A WAC

DIVISION OF CHILD SUPPORT RULES


NEW SECTION
WAC 388-14A-3100
How does the division of child support establish a child support obligation when there is no child support order?

(1) When there is no order setting the amount of child support a noncustodial parent (NCP) should pay, the division of child support (DCS) serves a support establishment notice on the NCP and the custodial parent. A support establishment notice is an administrative notice that can become an enforceable order for support if nobody requests a hearing on the notice.

(2) DCS may serve a support establishment notice when there is no order that:

(a) Establishes the noncustodial parent's support obligation for the child(ren) named in the notice; or

(b) Specifically relieves the noncustodial parent of a support obligation for the child(ren) named in the notice.

(3) Depending on the legal relationship between the NCP and the child for whom support is being set, DCS serves one of the following support establishment notices:

(a) Notice and finding of financial responsibility (NFFR), see WAC 388-14A-3115. This notice is used when the NCP is either the mother or the legal father of the child. WAC 388-14A-3102 describes when DCS uses a NFFR to set the support obligation of a father who has signed a paternity affidavit.

(b) Notice and finding of parental responsibility (NFPR), see WAC 388-14A-3120. This notice is used when the NCP was not married to the mother but has filed an affidavit or acknowledgment of paternity. WAC 388-14A-3102 describes when DCS uses a NFPR to set the support obligation of a father who has signed a paternity affidavit.

(c) Notice and finding of medical responsibility (NFMR), see WAC 388-14A-3125. This notice is used when DCS seeks to set only a medical support obligation instead of a monetary child support obligation.

[]


NEW SECTION
WAC 388-14A-3102
When the parents have signed a paternity affidavit, which support establishment notice does the division of child support serve on the noncustodial parent?

(1) When the parents of a child are not married, they may sign an affidavit of paternity, also called an acknowledgment of paternity. The legal effect of the affidavit or acknowledgment depends on when it is filed, in what state it is filed, and whether both parents were over age eighteen when the affidavit was signed.

(2) For paternity affidavits filed before August 14, 1997 with the center for health statistics in the state of Washington, the division of child support (DCS) serves a notice and finding of parental responsibility (NFPR). See WAC 388-14A-3120.

(3) For paternity affidavits filed on or after August 14, 1997 with the center for health statistics in the state of Washington, it depends on how much time has elapsed since filing:

(a) If less than sixty days have passed since filing, DCS serves a NFPR under WAC 388-14A-3120, because the parents can rescind (withdraw) the affidavit within sixty days of filing and request genetic testing; or

(b) If sixty or more days has passed since filing, DCS serves a notice and finding of financial responsibility (NFFR) under WAC 388-14A-3115, because the affidavit has become a conclusive presumption of paternity under RCW 26.26.040.

(4) For paternity affidavits filed with the vital records agency of another state, DCS determines whether to serve a NFFR or NFPR depending on the laws of the state where the affidavit is filed.

(5) DCS relies on paternity affidavits if the mother and the father were eighteen years of age or older at the time they signed the affidavit, or have reached eighteen years of age since signing the affidavit. A party who was under eighteen at the time the affidavit was signed and filed in Washington after August 14, 1997 has sixty days after their eighteenth birthday to void the affidavit; for affidavits filed in other states, the law of the state of filing determines whether the affidavit is voidable.

(6) If the mother was married at the time of the child's birth, but not to the man acknowledging paternity, the man to whom she was married must also have signed the affidavit to deny paternity.

(7) If the affidavit is legally deficient in any way, DCS may refer the case for paternity establishment in the superior court.

(8) If the mother is the noncustodial parent, DCS serves a NFFR.

[]


NEW SECTION
WAC 388-14A-3105
How does the division of child support serve support establishment notices?

The division of child support (DCS) serves a notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR), or notice and finding of medical responsibility (NFMR) in the following manner:

(1) On the noncustodial parent:

(a) By certified mail, return receipt requested; or

(b) By personal service.

(2) On the custodial parent:

(a) By first class mail to the last known address, if the custodial parent is the one who applied for services.

(b) In the same manner as on the noncustodial parent, if the custodial parent is not the one who applied for services.

[]


NEW SECTION
WAC 388-14A-3110
When can a support establishment notice become a final order?

(1) The notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR), or notice and finding of medical responsibility (NFMR) becomes a final, enforceable order if neither the custodial parent or the noncustodial parent objects and requests a timely hearing on the notice. An objection is also called a hearing request.

(2) If a timely objection is filed, the division of child support (DCS) cannot enforce the terms of the notice until a final order as defined in this section is entered.

(3) To be timely, the noncustodial parent must object within the following time limits:

(a) Within twenty days of service, if the noncustodial parent was served in Washington state.

(b) Within sixty days of service, if the noncustodial parent was served outside of Washington state.

(4) To be timely, the custodial parent must object within twenty days of service.

(5) An objection to a support establishment notice is a request for hearing on the notice.

(6) The effective date of the hearing request is the date the division of child support (DCS) receives the request for hearing.

(7) When an NFPR is served, the order will not become a final order if either parent requests genetic testing under WAC 388-11-048 (or as later amended) within the following time limits:

(a) The noncustodial parent must request genetic testing within twenty days of service, if the noncustodial parent was served in Washington state and the affidavit has not yet become a final determination of paternity.

(b) The noncustodial parent must request genetic testing within sixty days of service, if the noncustodial parent was served outside of Washington state and the affidavit has not yet become a final determination of paternity.

(c) The custodial parent must request genetic testing within twenty days of service and may request genetic testing only if the affidavit has not yet become a final determination of paternity.

(d) For parties who have filed paternity affidavits in Washington after August 14, 1997, a request for genetic testing does not by itself operate to rescind the affidavit.

(8) The noncustodial parent or custodial parent must make the hearing request or request for genetic testing, either in writing or orally, at any DCS office. See WAC 388-14-500 (or as later amended) regarding oral requests for hearing.

(9) After a timely request for hearing, the final order is one of the following, whichever occurs latest:

(a) An agreed settlement or consent order under WAC 388-11-150 (or as later amended);

(b) An initial decision for which twenty-one days have passed and no party has filed a petition for review (this includes an order of default if neither party appears for hearing); or

(c) A review decision.

[]


NEW SECTION
WAC 388-14A-3115
The notice and finding of financial responsibility is used to set child support when paternity is not an issue.

(1) A notice and finding of financial responsibility (NFFR) is an administrative notice served by the division of child support (DCS) that can become an enforceable order for support, pursuant to RCW 74.20A.055.

(2) The NFFR:

(a) Advises the noncustodial parent and the custodial parent (who can be either a parent or the physical custodian of the child) of the support obligation for the child or children named in the notice. The NFFR fully and fairly advises the parents of their rights and responsibilities under the NFFR.

(b) Includes the information required by WAC 388-11-210 (or as later amended) and RCW 74.20A.055.

(c) Includes the noncustodial parent's health insurance obligation, as required by WAC 388-11-215 (or as later amended).

(d) May include an obligation to provide support for daycare or special child-rearing expenses, pursuant to chapter 26.19 RCW.

(e) Warns the noncustodial parent and the custodial parent that at an administrative hearing, the administrative law judge (ALJ) may set the support obligation in an amount higher or lower than, or different from, the amount stated in the NFFR, if necessary for an accurate support order.

(3) After service of the NFFR, the noncustodial parent and the custodial parent must notify DCS of any change of address, or of any changes that may affect the support obligation.

(4) The noncustodial parent must make all support payments to the Washington state support registry after service of the NFFR. DCS does not give the NCP credit for payments made to any other party after service of a NFFR, except as provided by WAC 388-11-015 and 388-11-280 (or as these sections are later amended).

(5) DCS may take immediate wage withholding action and enforcement action without further notice under chapters 26.18, 26.23, and 74.20A RCW when the NFFR is a final order. WAC 388-14A-3110 describes when the notice becomes a final order.

(6) In most cases, a child support obligation continues until the child reaches the age of eighteen. WAC 388-11-155 (or as later amended) describes when the obligation under the NFFR can end sooner or later than age eighteen.

(7) An affidavit or acknowledgment of paternity filed in Washington state on or after August 14, 1997 becomes a legal finding of paternity under RCW 26.26.040 (1)(e) unless it is rescinded (withdrawn) within sixty days of filing. If sixty days have passed since the affidavit or acknowledgment was filed, DCS may serve a NFFR to establish a support obligation.

(8) If the parents filed a paternity affidavit or acknowledgment of paternity in another state, and by that state's law paternity is therefore conclusively established, DCS may serve a NFFR to establish a support obligation.

(9) A hearing on a NFFR is for the limited purpose of resolving the NCP's accrued support debt and current support obligation. The NCP has the burden of proving any defenses to liability.

[]


NEW SECTION
WAC 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.

(1) A notice and finding of parental responsibility (NFPR) is an administrative notice served by the division of child support (DCS) that can become an enforceable order for support, pursuant to RCW 74.20A.056.

(2) The NFPR differs from a notice and finding of financial responsibility (NFFR)(see WAC 388-14A-3115) because the parties may request genetic testing to contest paternity after being served with a NFPR.

(3) DCS serves a NFPR when:

(a) An affidavit acknowledging paternity is on file with the center for health statistics and was filed before August 14, 1997;

(b) An affidavit acknowledging paternity is on file with the center for health statistics and was filed on or after August 14, 1997 but the sixty-day period for rescission has not yet passed; or

(c) An affidavit acknowledging paternity is on file with the vital records agency of another state and the laws of that state allow the parents to withdraw the affidavit or challenge paternity.

(4) DCS attaches a copy of the acknowledgment of paternity or certification of birth record information to the NFPR.

(5) The NFPR advises the noncustodial parent and the custodial parent (who is either the mother or the physical custodian of the child) of the support obligation for the child or children named in the notice. The NFPR fully and fairly advises the parents of their rights and responsibilities under the NFPR. The NFPR warns the noncustodial parent and the custodial parent that at an administrative hearing on the notice, the administrative law judge (ALJ) may set the support obligation in an amount higher or lower than, or different from, the amount stated in the NFPR, if necessary for an accurate support order.

(6) The NFPR includes the information required by WAC 388-11-210 (or as later amended), RCW 74.20A.055, and 74.20A.056.

(7) The NFPR includes the noncustodial parent's health insurance obligation, pursuant to WAC 388-11-215 (or as later amended).

(8) The NFPR may include an obligation to provide support for daycare expenses or special child-rearing expenses, pursuant to chapter 26.19 RCW.

(9) DCS may not assess an accrued support debt for a period longer than five years before the NFPR is served. This limitation does not apply to the extent that the noncustodial parent hid or left the state of Washington for the purpose of avoiding service.

(10) After service of the NFPR, the noncustodial parent and the custodial parent must notify DCS of any change of address, or of any changes that may affect the support obligation.

(11) The noncustodial parent must make all support payments to the Washington state support registry after service of the NFPR. DCS does not give the NCP credit for payments made to any other party after service of the NFPR, except as provided by WAC 388-11-015 and 388-11-280 (or as these sections are later amended).

(12) DCS may take immediate wage withholding action and enforcement action without further notice under chapters 26.18, 26.23, and 74.20A RCW when the NFPR is a final order. See WAC 388-14A-3110 for when the notice becomes a final order.

(13) In most cases, a child support obligation continues until the child reaches the age of eighteen. WAC 388-11-155 (or as later amended) describes when the obligation under the NFPR can end sooner or later than age eighteen.

(14) Either the noncustodial parent, or the mother, if she is also the custodial parent, may request genetic tests under WAC 388-11-048 (or as later amended), notwithstanding the language of WAC 388-11-048, which refers only to the father. A mother who is not the custodial parent may at any time request that DCS refer the case for paternity establishment in the superior court.

(15) DCS does not stop enforcement of the order unless DCS receives a timely request for hearing or a timely request for genetic tests. See WAC 388-14A-3110 for time limits. DCS does not refund any money collected under the notice if the noncustodial parent is later:

(a) Excluded from being the father by genetic tests; or

(b) Found not to be the father by a court of competent jurisdiction.

(16) If the noncustodial parent requested genetic tests and was not excluded as the father, he may request within twenty days from the date of service of the genetic tests in Washington, or sixty days from the date of service of the genetic tests outside of Washington:

(a) A hearing on the NFPR.

(b) That DCS initiate a parentage action in superior court under chapter 26.26 RCW.

(17) If the noncustodial parent was not excluded as the father, the mother, if she is also the custodial parent, may within twenty days of the date of service of the genetic tests request:

(a) A hearing on the NFPR; or

(b) That DCS initiate a parentage action in superior court under chapter 26.26 RCW.

(18) If the affidavit or acknowledgment was filed in Washington after August 14, 1997, but sixty days have not passed since filing, DCS serves a NFPR. If the NCP wishes to contest paternity he must rescind (withdraw) the acknowledgment at the center for health statistics before the sixty-day period ends or there will be a legal finding of paternity under RCW 26.26.040 (1)(e). A request to DCS for genetic testing is not sufficient to withdraw the paternity affidavit.

(19) If the NCP is excluded by genetic testing, DCS may refer the case for paternity establishment in the superior court.

(20) A hearing on a NFPR is for the limited purpose of resolving the accrued support debt, current support obligation and reimbursement to DCS for paternity-related costs. The NCP has the burden of proving any defenses to liability.

[]


NEW SECTION
WAC 388-14A-3125
The notice and finding of medical responsibility is used to set a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services.

(1) A notice and finding of medical responsibility (NFMR) is an administrative notice served by the division of child support (DCS) that can become an enforceable order for support pursuant to chapter 74.20A RCW to establish and enforce a health insurance obligation.

(2) DCS may serve a NFMR when:

(a) The custodial parent (who is either a parent or the physical custodian of the child) or a dependent child receives or is certified eligible to receive medical assistance and is not receiving cash grant public assistance under 74.12 RCW; and

(b) The custodial parent has requested medical support enforcement services only and has asked DCS in writing not to collect monetary child support.

(3) The NFMR advises the NCP and the CP of the medical support obligation for the children named in the notice. The NFMR fully and fairly advises the parties of their rights and responsibilities under the NFMR.

(4) The NFMR warns the noncustodial parent and the custodial parent that at an administrative hearing on the notice, the administrative law judge (ALJ) may set the support obligation in an amount higher or lower than, or different from, the amount stated in the NFMR, if necessary for an accurate support order.

(5) The NFMR includes:

(a) The information required by WAC 388-11-210 (or as later amended);

(b) The noncustodial parent's health insurance obligation, pursuant to WAC 388-11-215 (or as later amended);

(c) The maximum premium amount the noncustodial parent must pay; and

(d) The income basis used to calculate the maximum premium amount, pursuant to WAC 388-14A-3200.

(6) The income basis for an obligation established by DCS for a NFMR is not binding on any party in any later action to establish a cash child support obligation.

(7) After service of the NFMR, the noncustodial parent (NCP) and the custodial parent must notify DCS of any change of address, or of any changes that may affect the support obligation.

(8) DCS may take enforcement action under RCW 26.18.170, WAC 388-11-215, and 388-14-480 (or as these sections are later amended) without further notice when the NFMR is a final order. See WAC 388-14A-3110 for how a notice becomes a final order.

(9) In most cases, a child support obligation continues until the child reaches the age of eighteen. WAC 388-11-155 (or as later amended) describes when the obligation under the NFMR can end sooner or later than age eighteen.

(10) If the custodial parent applies for full enforcement services while a hearing on a NFMR is pending, DCS may, at any time before the hearing record is closed, convert the hearing to a hearing on a notice and finding of financial responsibility (NFFR) under WAC 388-14A-3115 or a notice and finding of parental responsibility (NFPR) under WAC 388-14A-3120. To convert the hearing, DCS serves a NFFR or NFPR on the parents and files a copy with the administrative law judge (ALJ). The ALJ may grant a continuance if a party requests additional time to respond to the claim for monetary child support.

(11) In a NFMR hearing, the ALJ must determine the:

(a) Basic support obligation, without deviations; and

(b) Maximum premium amount under chapter 26.19 RCW and WAC 388-11-215 (or as later amended).

(12) A hearing on a NFMR is for the limited purpose of resolving the NCP's medical support responsibility. The NCP has the burden of proving defenses to liability.

[]


NEW SECTION
WAC 388-14A-3130
What happens if a parent makes a timely request for hearing on a support establishment notice?

(1) A timely request for hearing is an objection made within the time limits of WAC 388-14A-3110. For late (or untimely) hearing requests, see WAC 388-14A-3135.

(2) If either parent makes a timely request for hearing, the division of child support (DCS) submits the hearing request to the office of administrative hearings (OAH) for scheduling.

(3) OAH sends a notice of hearing by certified mail to all parties, notifying each party of the date, time and place of the hearing. DCS, the noncustodial parent, and the custodial parent are all parties to the hearing.

(4) A timely request for hearing stops the support establishment notice from becoming a final order, so DCS cannot collect on the notice. However, in appropriate circumstances, the administrative law judge (ALJ) may enter a temporary support order under WAC 388-14A-3850.

(5) A hearing on an objection to a support establishment notice is for the limited purpose of resolving the NCP's accrued support debt and current support obligation. The NCP has the burden of proving any defenses to liability.

[]


NEW SECTION
WAC 388-14A-3131
What happens if neither parent appears for the hearing?

(1) If neither parent appears at the scheduled hearing after being sent a notice of hearing, the administrative law judge (ALJ) enters an initial decision and order on default, declaring the support establishment notice's claim for support to be final and subject to collection action.

(2) The initial decision and order on default is subject to collection action on the twenty-second day after the order of default was mailed by the office of administrative hearings.

(3) A parent that did not appear may petition to vacate the default order pursuant to WAC 388-11-120 (or as later amended).

(a) If the ALJ vacates the order of default, the ALJ then conducts a full hearing on the merits of the NFFR, NFPR or NFMR. All parties may participate in the hearing.

(b) If the parent who did not appear at the hearing is unsuccessful in the motion to vacate the default order, the ALJ may treat the petition as a petition to modify the support order.

[]


NEW SECTION
WAC 388-14A-3132
What happens if only one parent appears for the hearing?

(1) If one parent appears at the hearing, but the other parent fails to appear after being sent a notice of hearing, the administrative law judge (ALJ) enters an order of default against the parent that did not appear. The hearing proceeds as described in WAC 388-14A-3140.

(2) The division of child support (DCS) and the parent that did appear may enter a consent order, but not an agreed settlement. The obligation in the consent order may be higher or lower, or different from, the terms set forth in the notice, without further notice to the nonappearing parent, if necessary for an accurate support order. The terms of the consent order become final on the twenty-second day after the mailing of the order of default to the parent that did not appear.

(3) DCS and the parent that did appear may proceed to hearing. The ALJ may enter an initial decision setting an obligation which is higher or lower, or different from, the terms set forth in the notice, without further notice to the nonappearing parent, if necessary for an accurate support order.

(4) The parent that did not appear may petition to vacate the order of default pursuant to WAC 388-11-120 (or as later amended). The ALJ must consider the prejudice to the party that appeared for hearing before vacating an order of default.

(5) If the ALJ vacates the order of default, the ALJ then conducts a full hearing on the merits of the notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR) or notice and finding of medical responsibility (NFMR). All parties may participate in the hearing.

(6) If the parent who did not appear at the hearing is unsuccessful in the motion to vacate the default order, the ALJ may treat the petition as a petition to modify the support order.

[]


NEW SECTION
WAC 388-14A-3133
What happens when the noncustodial parent and the custodial parent both appear for the hearing?

If both parents appear at the hearing:

(1) All parties may enter an agreed settlement or consent order. WAC 388-11-150 (or as later amended) describes when an agreed settlement or consent order is a final order.

(2) All parties may proceed to hearing, after which the ALJ issues an initial decision and order. The ALJ may enter an initial decision setting an obligation which is higher or lower, or different from, the terms set forth in the notice, if necessary for an accurate support order.

(3) In a hearing under this section, the division of child support (DCS) shall proceed first to document the support amount that DCS believes to be correct. Following DCS's presentation, the custodial parent (CP) and the noncustodial parent (NCP) may proceed in turn to show why the DCS position is wrong.

[]


NEW SECTION
WAC 388-14A-3135
Late hearings, or hearing on untimely objections to support establishment notices.

(1) For orders established before August 30, 1997, if the noncustodial parent did not timely object to the notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR), or notice and finding of medical responsibility (NFMR), only the noncustodial parent may petition for a late hearing, pursuant to WAC 388-11-310 (or as later amended).

(2) For orders established after August 30, 1997, if neither parent timely objected to the NFFR, NFPR, or NFMR, either the noncustodial parent or the custodial parent may petition for a late hearing, pursuant to WAC 388-11-310 (or as later amended). See WAC 388-14A-3110 for the time limits for a timely hearing request.

(3) The division of child support (DCS) continues to enforce the order even if a late request for hearing is filed.

(4) If DCS receives the late hearing request within one year of the date of service of the notice, the parent requesting the hearing is not required to show good cause to have a hearing on the merits of the notice.

(5) If DCS receives the late hearing request more than a year after the date of service of the notice, the parent requesting the hearing must show good cause why the hearing request was not timely. WAC 388-11-011 (or as later amended) contains the definition of good cause.

[]


NEW SECTION
WAC 388-14A-3140
What can happen at a hearing on a support establishment notice?

(1) When a parent requests a hearing on a notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR), or notice and finding of medical responsibility (NFMR), the hearing is limited to resolving the accrued support debt, current support and future support obligation.

(2) The noncustodial parent has the burden of proving any defenses to liability. See WAC 388-11-065 (or as later amended).

(3) Both the NCP and the custodial parent (CP) must show cause why the terms in the NFFR, NFPR, or NFMR are incorrect.

(4) The administrative law judge (ALJ) or review judge has authority to enter a support obligation that may be higher or lower than the amounts set forth in the NFFR, NFPR, or NFMR, including the support debt, current support, and the future support obligation. The ALJ or review judge may enter an order that differs from the terms stated in the notice, including different debt periods, if the obligation is supported by credible evidence presented by any party at the hearing, without further notice to any nonappearing party, if the ALJ or review judge finds that due process requirements have been met.

(5) The ALJ has no authority to determine custody or visitation issues.

(6) When a party has advised the ALJ that they will participate by telephone, the ALJ attempts to contact that party on the record before beginning the proceeding or rules on a motion. The ALJ may not disclose to the other parties the telephone number of the location of the party appearing by phone.

(7) In certain cases, there is no "custodial parent" because the child or children are in foster care.

(a) If the NCP fails to appear for hearing, see WAC 388-14A-3131.

(b) If the NCP appears for hearing, see WAC 388-14A-3133.

(8) In certain cases, there can be two NCPs, called "joint NCPs." This happens when a husband and wife are jointly served a support establishment notice for a common child who is not residing in their home.

(a) If both NCPs fail to appear for hearing, see WAC 388-14A-3131;

(b) If both NCPs appear for hearing, see WAC 388-14A-3133; or

(c) One joint NCP may appear and represent the other joint NCP.

(9) When the CP asserts good cause level B (see WAC 388-422-0020), DCS notifies the CP that they will continue to receive documents, notices and orders. The CP may choose to participate at any time. Failure to appear at hearing results in a default order but does not result in a sanction for noncooperation under WAC 388-14-201 (or as later amended).

(10) If any party appears for the hearing and elects to proceed, absent the granting of a continuance the ALJ hears the matter and enters an initial decision and order based on the evidence presented. The ALJ includes a party's failure to appear in the initial decision and order as an order of default against that party. The direct appeal rights of the party who failed to appear shall be limited to an appeal on the record made at the hearing.

[]


NEW SECTION
WAC 388-14A-3200
How does DCS determine my support obligation?

The division of child support (DCS) determines support obligations using the Washington state child support schedule, which is found in chapter 26.19 RCW, for the establishment and modification of support orders.

[]


NEW SECTION
WAC 388-14A-3205
How does DCS calculate my income?

(1) The division of child support (DCS) calculates a parent's income using the best available information, in the following order:

(a) Actual income;

(b) Estimated income, if DCS has:

(i) Incomplete information;

(ii) Information based on the prevailing wage in the parent's trade or profession; or

(iii) Information that is not current.

(c) Imputed income under RCW 26.19.071(6).

(2) DCS calculates support obligations using the methods set forth in WAC 388-11-205 (or as later amended).

[]

2640.6
AMENDATORY SECTION(Amending WSR 96-09-036 (Order 3964), filed 4/10/96, effective 5/11/96)

WAC 388-11-011
Definitions.

For purposes of this chapter and chapters 388-13 ((and)), 388-14, and 388-14A WAC, the following definitions shall apply:

(((1))) "Accrued debt" means a debt for the payment of expenses for the reasonable or necessary care, support, and maintenance, including birth costs, of a dependent child owed by a person having signed an affidavit acknowledging paternity which has been filed with the state center for health statistics.

(((2))) "Administrative order" means a determination, finding, decree, or order for support issued under RCW 74.20A.055 or 74.20A.056 or by another state's agency under an administrative process, establishing the existence of a support obligation and ordering the payment of a set or determinable amount of support money to satisfy current support or a support debt. Administrative orders include:

(((a))) (1) An agreed settlement or consent order entered under WAC 388-11-150; or

(((b))) (2) A notice and finding of financial responsibility, a notice and finding of parental responsibility, or a notice and finding of medical responsibility that has become final by operation of law.

(((3))) "Agency" means the division of child support, department of social and health services. "Office of support enforcement," "office," and "OSE" also mean the division of child support.

(((4))) "Agreed settlement" means the informal disposition of a contested case by written agreement between one or both parents and the agency establishing or modifying a support obligation and ordering payment or establishing a health insurance coverage obligation. The agreement shall be effective without the presiding officer's approval.

(((5))) "Arrears," "delinquency," and "past support" mean the amount owed for a period of time before the instant month.

(((6))) "Birth costs" mean the reasonable and necessary costs associated with the birth of a child, including costs of the mother's pregnancy and confinement.

(((7))) "Consent order" means the disposition of a contested case by written agreed order, approved by the presiding officer, between one or both parents and the agency establishing a support obligation and ordering payment.

(((8))) "Current support" or "current and future support" means support money paid to satisfy the support obligation for the present month as opposed to satisfaction of a support debt. Current and future support also means the prospective obligation to make monthly support payments.

(((9))) "Custodial parent" means the person (whether parent or nonparent) with whom a child resides the majority of the time.

"Date the state assumes responsibility for the support of a dependent child on whose behalf support is sought" means the date an aid to families with dependent children, or foster care program grant is effective. For purposes of this chapter, the state remains responsible for the support of a dependent child until public assistance terminates, or support enforcement services terminate, whichever occurs later.

(((10))) "Department" means the Washington state department of social and health services.

(((11))) "Dependent child" means a person:

(((a))) (1) Seventeen years of age or younger who is not self-supporting, married, or a member of the United States armed forces;

(((b))) (2) Eighteen years of age or older for whom a court order requires support payments past eighteen years of age; or

(((c))) (3) Eighteen years of age or older, but under nineteen years of age, for whom an administrative support order exists if the child is:

(((i))) (a) A full-time student; and

(((ii))) (b) Reasonably expected to complete secondary school or the equivalent level of vocational or technical training before the end of the month in which the child becomes nineteen years of age.

(((12))) "Fraud" means, for the purposes of WAC 388-11-120:

(((a))) (1) The representation of the existence or nonexistence of a fact;

(((b))) (2) The representation's materiality;

(((c))) (3) The representation's falsity;

(((d))) (4) The speaker's knowledge of the falsity;

(((e))) (5) The speaker's intent that the representation should be acted on by the person to whom it is made;

(((f))) (6) Ignorance of the falsity on the part of the person to whom it is made;

(((g))) (7) The latter's:

(((i))) (a) Reliance on the truth of the representation;

(((ii))) (b) Right to rely upon it; and

(((iii))) (c) Subsequent damage.

(((13))) "Genetic testing" means tests of blood, tissues, or bodily fluids.

"Good cause" for the purposes of late hearing requests under WAC 388-11-310 and petitions to vacate orders on default under WAC 388-11-120 means there is substantial reason or legal justification for delay, including but not limited to a showing of those grounds enumerated in civil rule 60. The time periods set forth in civil rule 60 apply to determinations of good cause under this definition.

(((14))) "Health care costs," for the purpose of:

(((a))) (1) Establishing support obligations under RCW 74.20A.055 and 74.20A.056, means medical, dental, and optometrical costs and expenses; and

(((b))) (2) Enforcement action under Titles 26.23, 74.20, and 74.20A RCW, including a notice of support owed and a notice of support debt, means medical, dental, optometrical costs stated as a fixed dollar amount by a support order.

(((15))) "Hearing" means an adjudicative proceeding authorized by this chapter, chapter 388-13 ((or)), 388-14, or 388-14A WAC, or chapter 26.23, 74.20 or 74.20A RCW and conducted under chapters 388-08 WAC and 34.05 RCW. A conference board under WAC 388-14-385 is not a hearing or an adjudicative proceeding.

(((16))) "Locate" means service of a notice and finding of financial, parental, or medical responsibility in a manner prescribed by WAC 388-11-285, 388-11-290 ((or)), 388-11-295, 388-14A-3115, 388-14A-3120, or 388-14A-3125.

(((17))) "Medical support" means health care costs stated as a fixed dollar amount in a support order and health insurance coverage for a dependent child's benefit.

(((18))) "Noncustodial parent" means the natural parent, adoptive parent, responsible stepparent, or person having signed an affidavit acknowledging paternity which has been filed with the state center for health statistics, from whom the division of child support seeks support for a dependent child because the child did not reside the majority of the time period in question in that parent's household.

"Other ordinary expense" means an expense incurred by a responsible parent:

(((a))) (1) Directly benefiting a dependent child; and

(((b))) (2) Relating to the parent's residential time or visitation with a child.

(((19))) "Paternity testing" means blood testing or genetic tests of blood, tissues, or bodily fluids.

(((20))) "Reasonable efforts to locate" means any of the following actions taken by the agency:

(((a))) (1) Mailing the notice and finding of financial responsibility, the notice and finding of parental responsibility, or the notice and finding of medical responsibility, by certified mail, return receipt requested, to the responsible parent;

(((b))) (2) Referral to a sheriff, other server of process or locate service, or department employee for locate activities;

(((c))) (3) Tracing activity as follows:

(((i))) (a) Checking local telephone directories and attempts by telephone or mail to contact the applicant/recipient, applicant/custodian, relatives of the responsible parent, past or present employers, or the postal authorities;

(((ii))) (b) Contacting state agencies, union or financial, or fraternal organizations;

(((iii))) (c) Periodic searches for identification information recorded by other state agencies, federal agencies, credit bureaus, or other record keeping agencies or entities;

(((iv))) (d) Case maintenance in the agency's automated locate program.

(((d))) (4) Referral to state or federal parent locator service;

(((e))) (5) Referral to the attorney general, a prosecuting attorney, the IV-D agency of another state, or the Internal Revenue Service for specific legal or collection action;

(((f))) (6) Attempts to confirm the existence of and to obtain a copy of a paternity acknowledgment; or

(((g))) (7) Other actions reasonably calculated to produce information regarding the responsible parent's whereabouts.

(((21))) "Residential parent" means a parent with whom a child resides a majority of the time.

(((22))) "Responsible parent" means the natural parent, adoptive parent, responsible stepparent, or a person having signed an affidavit acknowledging paternity which has been filed with the state center for health statistics, from whom the department seeks support for a dependent child because the child resided with someone else during the period for which support is sought.

(((23))) "Responsible stepparent" means a stepparent having established an in loco parentis relationship with the dependent child or children.

(((a))) (1) The status shall continue until the relationship is terminated by death, dissolution of marriage, or by superior court order as provided under RCW 26.16.205.

(((b))) (2) A rebuttable presumption of an in loco parentis relationship is created when the stepparent:

(((i))) (a) Lives with the child and the parent; or

(((ii))) (b) Provides care, support, or guidance for the child.

(((24))) "Secretary" means the secretary of the department of social and health services or the secretary's designee.

(((25))) "State" means a state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, a federally recognized Indian tribe, or a foreign country.

(((26))) "Superior court order" means a judgment, decree, or order of a Washington state superior court or another state's court of comparable jurisdiction:

(((a))) (1) Establishing a support obligation and ordering payment thereon of a set or determinable amount; or

(((b))) (2) Specifically relieving a responsible parent of a support obligation.

(((27))) "Support debt" means:

(((a))) (1) A delinquent amount of support money due, owing, and unpaid under a superior court order or an administrative order;

(((b))) (2) A debt for the payment of expenses for the reasonable or necessary care, support and maintenance, including health care costs as defined in this section, birth costs, child care, special child rearing expenses, and an accrued debt under RCW 74.20A.056, of a dependent child or other person for whom a support obligation is owed;

(((c))) (3) A debt under RCW 74.20A.100 or 74.20A.270; or

(((d))) (4) Accrued interest, fees, or penalties charged on a support debt, and attorneys' fees and other costs of litigation awarded in an action under Title IV-D of the Social Security Act establishing and enforcing a support obligation or support debt.

(((28))) "Support establishment notice" means a notice and finding of financial responsibility under WAC 388-11-285 or 388-14A-3115, a notice and finding of parental responsibility under WAC 388-11-290 or 388-14A-2120, or a notice and finding of medical responsibility under WAC 388-11-295 or 388-14A-3125.

(((29))) "Support money" means money paid to satisfy a support obligation whether named child support, spousal support, alimony, maintenance, medical support, birth costs, or other money intended to satisfy a support obligation for a person or satisfy wholly or partly a support debt.

(((30))) "Support obligation" means the obligation to provide for the necessary care, support, and maintenance of a dependent child or other person as required by law, including health insurance coverage, health care costs as defined in this section, birth costs, and child care and special child rearing expenses.

(((31))) "Tribunal" means a state court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage.

[Statutory Authority: RCW 74.20A.055 and 74.08.090. 96-09-036 (Order 3964), 388-11-011, filed 4/10/96, effective 5/11/96. Statutory Authority: RCW 74.08.090. 93-05-020 (Order 3512), 388-11-011, filed 2/10/93, effective 3/13/93. Statutory Authority: 1990 1st ex.s. c 2. 90-20-072 (Order 3081), 388-11-011, filed 9/28/90, effective 10/29/90. Statutory Authority: 1988 c 275. 88-18-031 (Order 2689), 388-11-011, filed 8/30/88. Statutory Authority: RCW 74.08.090. 85-23-019 (Order 2304), 388-11-011, filed 11/13/85; 83-21-014 (Order 2036), 388-11-011, filed 10/6/83; 81-05-021 (Order 1605), 388-11-011, filed 2/11/81; 80-01-026 (Order 1465), 388-11-011, filed 12/14/79.]


AMENDATORY SECTION(Amending WSR 90-04-077 (Order 3005), filed 2/5/90, effective 3/1/90)

WAC 388-11-100
Duty of the administrative law judge in a hearing to determine the amount of a support obligation.

(1) In hearings held under this chapter and chapter 388-14A WAC to contest a notice and finding of financial responsibility or a notice and finding of parental responsibility or other notice or petition, the administrative law judge ((shall)) (ALJ) must determine:

(a) The ((responsible)) noncustodial parent's obligation to provide support under RCW 74.20A.057;

(b) The net monthly income of the ((responsible)) noncustodial parent and any ((residential)) custodial parent;

(c) The ((responsible)) noncustodial parent's share of the basic support obligation and any adjustments to that share, as warranted by his or her circumstances;

(d) If requested by a party, the ((responsible)) noncustodial parent's share of any special child-rearing expenses;

(e) The ((responsible)) noncustodial parent's obligation to provide medical support under WAC 388-11-215 (or as later amended);

(f) The ((responsible)) noncustodial parent's accrued debt and order payments thereon; and

(g) The ((responsible)) noncustodial parent's total current and future support obligation as a sum certain and order payments thereon.

(2) The ((administrative law judge shall)) ALJ must allow the ((office of support enforcement)) division of child support (DCS) to orally amend the notice at the hearing to conform to the evidence. The ((administrative law judge)) ALJ may grant a continuance, when deemed necessary, to allow the ((responsible)) noncustodial parent and/or the custodial parent additional time to present rebutting evidence and/or argument as to the amendment.

(3) The ((administrative law judge shall)) ALJ may not require ((the office of support enforcement)) DCS to produce or obtain information, documents, or witnesses to assist the ((responsible)) noncustodial or custodial parent in proof of defenses to liability. However, this rule ((shall)) does not apply to relevant, nonconfidential information or documents that ((the office of support enforcement)) DCS has in its possession.

[Statutory Authority: RCW 34.05.220 (1)(a) and 74.08.090. 90-04-077 (Order 3005), 388-11-100, filed 2/5/90, effective 3/1/90. Statutory Authority: 1988 c 275. 88-18-031 (Order 2689), 388-11-100, filed 8/30/88. Statutory Authority: RCW 74.08.090. 86-05-009 (Order 2340), 388-11-100, filed 2/12/86; 80-01-026 (Order 1465), 388-11-100, filed 12/14/79; 78-07-015 (Order 1305), 388-11-100, filed 6/15/78; Order 1054, 388-11-100, filed 9/25/75; Order 875, 388-11-100, filed 11/16/73.]


AMENDATORY SECTION(Amending WSR 96-09-036 (Order 3964), filed 4/10/96, effective 5/11/96)

WAC 388-11-120
When is it appropriate to vacate a default((--Vacate.)) order?

(1) If a party fails to appear at a hearing, the ((presiding officer shall)) administrative law judge (ALJ) must, upon a showing of valid service, enter an initial decision and default order or proceed in the absence of the defaulting party as provided in WAC 388-11-140(6) ((or 388-11-425)) (or as later amended) and 388-14A-3131, 388-14A-3132, or 388-14A-3140.

(2) The ((presiding officer shall)) ALJ must state in the decision that the:

(a) Support debt and the current support obligation stated in the notice ((and finding of financial or parental responsibility)) are assessed, determined, and subject to collection action; ((or))

(b) Health insurance provisions of the notice ((and finding of financial, parental or medical responsibility)) are subject to direct enforcement action((.

(2))); or

(c) Relief sought in the notice served by the division of child support is granted.

(3) Decisions and orders on default become final twenty-one days from the date of mailing under WAC 388-08-464.

(((3))) (4) Any party against whom the ((presiding officer)) ALJ has entered an initial decision and order on default may petition the secretary or the secretary's designee for vacation of the default order, subject to the provisions, including time limits, of civil rule 60.

(((4) The agency shall))

(5) DCS must:

(a) Request that the office of administrative hearing (OAH) schedule a hearing to determine whether or not the petitioner has good cause for vacating the default order; and

(b) Give any other parties to the hearing notice of the time and date of the hearing. ((The department shall)) OAH must send the notice to the last known address of the party.

(((5))) (6) If, in a hearing under this section, the ((presiding officer)) ALJ finds that the petitioner has good cause for vacating the default order, the ((presiding officer shall)) ALJ:

(a) Must conduct a hearing on the merits of the petitioner's objection to the notice that was the basis for the hearing at which the petitioner failed to appear; and

(b) May stay any further collection to the extent provided for under the regulations authorizing the notice the ((responsible)) parent originally objected to.

(((6))) (7) The ((presiding officer shall)) ALJ must apply civil rule 60 to determine whether the petitioner has good cause.

(8) Before vacating an order of default at the request of the NCP or CP, the ALJ must consider the prejudice to the non-DCS party that did appear for hearing.

[Statutory Authority: RCW 74.20A.055 and 74.08.090. 96-09-036 (Order 3964), 388-11-120, filed 4/10/96, effective 5/11/96. Statutory Authority: RCW 74.08.090 and 45 CFR 302-33 (a)(5). 93-17-060 (Order 3622), 388-11-120, filed 8/16/93, effective 9/16/93. Statutory Authority: RCW 74.08.090. 93-05-020 (Order 3512), 388-11-120, filed 2/10/93, effective 3/13/93. Statutory Authority: 1988 c 275. 88-18-031 (Order 2689), 388-11-120, filed 8/30/88. Statutory Authority: RCW 74.08.090. 80-01-026 (Order 1465), 388-11-120, filed 12/14/79; 78-07-015 (Order 1305), 388-11-120, filed 6/15/78; Order 1054, 388-11-120, filed 9/25/75; Order 875, 388-11-120, filed 11/16/73.]


AMENDATORY SECTION(Amending Order 3964, filed 4/10/96, effective 5/11/96)

WAC 388-11-150
((Consent order and)) The parties may resolve any child support case by entering a consent order or an agreed settlement.

(1) ((The department may enter a consent order or agreed settlement to dispose of any contested case. The department shall use consent orders and agreed settlements in any case in which such informal disposition is feasible.

(a) An agreed settlement shall be effective without approval of a presiding officer.

(b) A consent order shall require the approval of a presiding officer to be effective. The presiding officer shall approve a consent order without requiring testimony or a hearing unless the entry of such an order would be specifically contrary to law.

(2) If negotiations to a consent order or agreed settlement are commenced within twenty days of service of a support establishment notice in Washington, or within sixty days of service of the support establishment notice in another state, and such negotiations fail, the responsible parent shall have an additional twenty days from the date the negotiations fail to file a written request for a hearing)) The division of child support (DCS) may enter a consent order or agreed settlement to finalize any dispute in which a party requests a hearing. DCS attempts to settle matters through agreement when possible.

(a) An agreed settlement is signed only by the parties (DCS, the custodial parent and the noncustodial parent).

(b) A consent order must be signed by the parties and by an administrative law judge (ALJ). The ALJ approves a consent order without requiring testimony or a hearing, unless entry of the order would be unlawful.

(2) An agreed settlement or consent order is final and enforceable on:

(a) The date the last party signs the agreed settlement, if all parties signed the agreed settlement;

(b) The date the ALJ signs the consent order; or

(c) If the ALJ defaults one of the parties to the proceeding, the latest of the following dates:

(i) The date the ALJ signed the consent order;

(ii) The date the last party signed the agreed settlement; or

(iii) The date the order of default is final.

(3) A party to a consent order or an agreed settlement may:

(a) Not petition for review of the settlement or order under WAC 388-08-464;

(b) Petition for modification under WAC 388-11-140 (or as later amended); and

(c) Petition to vacate the settlement or consent order under WAC 388-11-120 (or as later amended). ((The presiding officer)) However, the ALJ may only vacate a settlement or consent order ((on)) after making a finding of fraud by a party, or on any other basis that would result in manifest injustice.

(4) If a hearing has been scheduled, DCS files a copy of the agreed settlement or consent order with the office of administrative hearings (OAH), and OAH issues an order dismissing the hearing. There are no hearing rights on the order dismissing the hearing.

[Statutory Authority: RCW 74.20A.055 and 74.08.090. 96-09-036 (Order 3964), 388-11-150, filed 4/10/96, effective 5/11/96. Statutory Authority: RCW 74.08.090. 93-05-020 (Order 3512), 388-11-150, filed 2/10/93, effective 3/13/93. Statutory Authority: 1988 c 275. 88-18-031 (Order 2689), 388-11-150, filed 8/30/88. Statutory Authority: RCW 74.08.090. 86-05-009 (Order 2340), 388-11-150, filed 2/12/86; 82-17-068 (Order 1864), 388-11-150, filed 8/18/82; 81-05-021 (Order 1605), 388-11-150, filed 2/11/81; 80-01-026 (Order 1465), 388-11-150, filed 12/14/79; Order 875, 388-11-150, filed 11/16/73.]


AMENDATORY SECTION(Amending WSR 96-09-036 (Order 3964), filed 4/10/96, effective 5/11/96)

WAC 388-11-305
Uniform Interstate Family Support Act -- Notices served in another state.

(1) Except as specified in WAC 388-14A-3105, where grounds for personal jurisdiction exist under RCW 26.21.075 or other Washington law, the ((agency)) division of child support (DCS) may serve the following legal actions in another state by certified mail, return receipt requested or by personal service, under chapter 26.21 RCW:

(a) A notice and finding of financial responsibility under WAC 388-11-285 or 388-14A-3115; and

(b) A notice and finding of parental responsibility under WAC 388-11-290 or 388-14A-3120;

(c) A notice of paternity test costs under WAC 388-11-048; or

(d) An affidavit of birth costs under WAC 388-11-220.

(2) A notice and finding of financial responsibility, a notice of paternity test costs, or an affidavit of birth costs becomes final and subject to immediate wage withholding and enforcement without further notice under chapters 26.18, 26.23, and 74.20A RCW unless the ((responsible)) noncustodial parent, within sixty days of service in another state:

(a) Contacts ((the agency)) DCS and signs an agreed settlement or consent order; or

(b) Files a written request for a hearing under:

(i) WAC 388-11-285(5) or 388-14A-3115 for a notice and finding of financial responsibility;

(ii) WAC 388-11-220 for an affidavit of birth costs; or

(iii) WAC 388-11-048 for a notice of paternity test costs.

(3) The effective date of a hearing request is the date the agency receives the hearing request.

(4) A notice and finding of parental responsibility becomes final and subject to immediate wage withholding and enforcement without further notice under chapters 26.18, 26.23, and 74.20A RCW unless the ((responsible)) noncustodial parent, within sixty days of service in another state:

(a) Contacts ((the agency)) DCS and signs an agreed settlement or consent order;

(b) Files a written request for a hearing under WAC 388-11-290(9) or 388-14A-3120 with ((the agency)) DCS; or

(c) Files a written request for paternity testing under WAC 388-11-048 to determine if he is the natural father of the dependent child named in the notice and cooperates in the testing. A request for a hearing or paternity testing is filed on the date the request is received by the agency.

(5) If the results of paternity tests requested under subsection (4) of this section do not exclude the responsible parent as the natural father of the dependent child, the notice and finding of parental responsibility becomes final and subject to immediate wage withholding without further notice under chapters 26.18, 26.23, and 74.20A RCW unless the ((responsible)) noncustodial parent, within sixty days of service of the paternity test costs in another state:

(a) Contacts ((the agency)) DC S and signs an agreed settlement or consent order; or

(b) Files a written request for a hearing under WAC 388-11-290(9) or 388-14A-3120.

(6) ((Presiding officers)) Administrative law judges and parties ((shall)) must conduct administrative hearings on notices served in another state under this section under the special rules of evidence and procedure in chapter 26.21 RCW and according to chapter 34.05 RCW.

[Statutory Authority: RCW 74.20A.055 and 74.08.090. 96-09-036 (Order 3964), 388-11-305, filed 4/10/96, effective 5/11/96.]


AMENDATORY SECTION(Amending WSR 96-09-036 (Order 3964), filed 4/10/96, effective 5/11/96)

WAC 388-11-310
Request for late hearing -- Good cause.

(1) A person with a right to a hearing under chapter 388-11, 388-13, ((or)) 388-14, or 388-14A WAC may file a written request for a late hearing after the period for requesting a timely hearing has passed. The effective date of a hearing request is the date the agency receives the request.

(2) Filing a request for a late hearing does not stay:

(a) Collection and enforcement under chapters 26.18, 26.23, or 74.20A RCW;

(b) The effect of any qualified domestic relations order;

(c) Certification of the support debt to the Internal Revenue Service for an income tax refund offset; or

(d) Distribution upon receipt of moneys collected.

(3)(a) A person who files a late hearing request shall show good cause for not filing a timely hearing request unless good cause is not required by the rule governing the notice that is objected to. Good cause is defined in WAC 388-11-011.

(b) If the presiding officer finds good cause for filing a late hearing request, the presiding officer shall:

(i) Issue a decision on the merits of the objection to the notice; and

(ii) Consider whether to order a stay of collection activities until such time as an initial decision or a temporary order under WAC 388-11-315 or 388-14A-3850(ff) is issued. Upon request, the ((presiding officer shall)) administrative law judge (ALJ) must, based on the evidence presented at hearing, issue an order under WAC 388-11-315 or 388-14A-3850(ff), setting or denying temporary support pending the initial decision. ((This order shall be on the record, but an order denying temporary support need not be in writing.))

(c) If the ((presiding officer)) ALJ does not find good cause for filing a late hearing request, the ((presiding officer)) ALJ may issue a decision on modification of the current and future support obligation, if applicable, without a showing of a change of circumstances.

(4) If the ((presiding officer)) ALJ finds good cause for filing a late hearing request, the agency shall not refund any excess moneys collected prior to the finding of good cause. However, the ((presiding officer)) ALJ may issue a decision which gives credit against future support in the amount of the excess collections when and to the extent that credits against future support do not:

(a) Create hardship to the children for whom support is sought; and

(b) Offset an overpayment of the obligation to the physical custodian against a debt owed to the department; or

(c) Offset an overpayment of the obligation to the department against a debt owed to the physical custodian.

[Statutory Authority: RCW 74.20A.055 and 74.08.090. 96-09-036 (Order 3964), 388-11-310, filed 4/10/96, effective 5/11/96.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 388-11-285 Notice and finding of financial responsibility.
WAC 388-11-290 Notice and finding of parental responsibility.
WAC 388-11-295 Notice and finding of medical responsibility.
WAC 388-11-400 Physical custodians -- Rights to participate in hearings.
WAC 388-11-410 Notice of proposed child support amount.
WAC 388-11-415 Support establishment notice -- Physical custodian accepts proposed child support amount.
WAC 388-11-420 Support establishment notice -- Physical custodian objects to the proposed child support amount.
WAC 388-11-425 Hearings on support establishment notices.
WAC 388-11-430 Settlement and consent order.
WAC 388-14-445 Notice of proposed settlement.

Washington State Code Reviser's Office