PROPOSED RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-06-039.
Title of Rule: Chapter 388-14A WAC, Division of Child Support rules.
PART A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT, WAC 388-14A-1000 The Division of Child Support is the Title IV-D child support enforcement agency for the state of Washington, 388-14A-1005 What is Washington's state plan under Title IV-D?, 388-14A-1010 What are the other names that the Division of Child Support has used?, 388-14A-1015 What laws apply to the Division of Child Support?, 388-14A-1020 What definitions apply to the rules regarding child support enforcement?, 388-14A-1025 What are the responsibilities of the Division of Child Support?, 388-14A-1030 What kinds of services can the Division of Child Support provide?, 388-14A-1035 What kinds of locate services does the Division of Child Support provide?, 388-14A-1040 What must a request for locate services contain?, 388-14A-1045 How does the Division of Child Support handle a request for locate services?, 388-14A-1050 The Division of Child Support cooperates with other states for support enforcement purposes, 388-14A-1055 Can the Division of Child Support collect support owed or assigned to another state?, and 388-14A-1060 The Division of Child Support cooperates with courts and law enforcement.
PART B - BASIC RULES FOR CHILD SUPPORT CASES, WAC 388-14A-2000 Who can receive child support enforcement services from the division of child support?, 388-14A-2005 Does an application for public assistance automatically become an application for support enforcement services?, 388-14A-2010 Can I apply for support enforcement services if I do not receive public assistance?, 388-14A-2015 Do I have to be a resident of Washington state to apply for DCS services?, 388-14A-2020 What happens if the division of child support denies my application for support enforcement services?, 388-14A-2025 What services does the Division of Child Support provide for a nonassistance support enforcement case?, 388-14A-2030 Do I assign my rights to support when I apply for child support enforcement services?, 388-14A-2035 Do I assign my rights to support when I receive public assistance?, 388-14A-2036 What does assigning my rights to support mean?, 388-14A-2037 What are permanently assigned arrears?, 388-14A-2038 What are temporarily assigned arrears?, 388-14A-2040 Do I have to cooperate with the Division of Child Support in establishing or enforcing child support?, 388-14A-2041 What happens if I don't cooperate with DCS?, 388-14A-2045 What can I do if I fear that cooperating with the division of child support will be harmful to me or to my children?, 388-14A-2050 Who decides if I have good cause not to cooperate?, 388-14A-2060 Are there different kinds of good cause?, 388-14A-2065 Does the Division of Child Support provide support enforcement services if the CSO determines I have "Good Cause Level A"?, 388-14A-2070 Does the Division of Child Support provide support enforcement services if the CSO determines I have "Good Cause Level B"?, 388-14A-2075 What happens if the Division of Child Support determines that I am not cooperating?, 388-14A-2080 Once a support enforcement case is opened, under what circumstances can it be closed?, 388-14A-2085 Under what circumstances may DCS deny a request to close a support enforcement case?, 388-14A-2090 Who is mailed notice of DCS' intent to close a case?, 388-14A-2095 What if I don't agree with the case closure notice?, 388-14A-2091 What happens to payments that come in after a case is closed?, 388-14A-2099 When does DCS file a satisfaction of judgment with the superior court?, 388-14A-2105 Does the Division of Child Support keep information about me confidential?, 388-14A-2110 How do I find out the address of my children, or the other parent of my children?, 388-14A-2115 What are the requirements for making an address disclosure request?, 388-14A-2120 What happens at a hearing on an objection to disclosure of my address?, 388-14A-2125 How do I give DCS permission to give my address to the other parent without going through the notice procedures of WAC 388-14A-2115?, 388-14A-2150 How much does it cost to get copies of DCS records?, 388-14A-2155 Can I appeal a denial of public disclosure by the Division of Child Support?, and 388-14A-2160 If my information is confidential, can DCS report me to a credit bureau?
PART C – HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY, (NOTE: The rules for establishing administrative support orders have been filed and will be effective October 1, 2000. They are found in WAC 388-14A-3100, 388-14A-3102, 388-14A-3105, 388-14A-3110, 388-14A-3115, 388-14A-3120, 388-14A-3125, 388-14A-3130, 388-14A-3131, 388-14A-3132, 388-14A-3133, 388-14A-3135, 388-14A-3140, 388-14A-3200, and 388-14A-3205. The rules for establishing temporary administrative support orders were effective May 19, 2000: They are found in WAC 388-14A-3850, 388-14A-3855, 388-14A-3860, 388-14A-3865, 388-14A-3870, and 388-14A-3875. WAC 388-14A-3275 The Division of Child Support may amend a notice at any time before a final administrative order is entered, 388-14A-3300 How does the Division of Child Support require me to make my support payments to the Washington state support registry when my support order says to pay someone else?, 388-14A-3304 The Division of Child Support serves a notice of support debt when it is enforcing a court order or foreign administrative order for support, 388-14A-3310 The Division of Child Support serves a notice of support owed to establish a fixed dollar amount under an existing child support order, 388-14A-3315 When DCS serves a notice of support debt or notice of support owed, we notify the custodial parent and/or the payee under the order, 388-14A-3320 What happens at a hearing on a notice of support debt or notice of support owed?, 388-14A-3350 Are there any limits on how much back support the Division of Child Support can seek to establish?, 388-14A-3370 What defenses to liability are available to a noncustodial parent when DCS seeks to enforce a support obligation?, 388-14A-3375 What kinds of credits does the Division of Child Support give when establishing or enforcing an administrative support order?, 388-14A-3400 Are there limitations on how much of my income is available for child support?, 388-14A-3500 A person must show good cause for filing a late request for hearing on a support notice, 388-14A-3600 The parties may resolve any child support case by entering a consent order or an agreed settlement, 388-14A-3700 When is it appropriate to vacate a default order?, 388-14A-3800 Once a support order is entered, can it be changed?, 388-14A-3810 Once a child support order is entered how long does the support obligation last?, 388-14A-3900 Can DCS review my support order to see if it should be modified?, and 388-14A-3925 How do I modify my administrative support order?
PART D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS, WAC 388-14A-4000 When can the Division of Child Support take collection action against a noncustodial parent?, 388-14A-4010 Can I make the Division of Child Support stop collection action against me?, 388-14A-4020 What collection tools does the Division of Child Support use?, 388-14A-4030 How can the Division of Child Support collect child support from my wages or other income source?, 388-14A-4040 DCS can serve some collection actions by electronic service, 388-14A-4100 Can the Division of Child Support make me provide health insurance for my children?, 388-14A-4110 If my support order requires me to provide health insurance for my children, what do I have to do?, 388-14A-4115 Can my support order reduce my support obligation if I pay for health insurance?, 388-14A-4120 DCS serves a notice of enrollment to enforce an obligation to provide health insurance coverage, 388-14A-4130 What must an employer or union who receives a notice of enrollment do?, 388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?, 388-14A-4300 What can I do if I think I'm paying more than the custodial parent is spending for daycare for my child?, 388-14A-4500 What is the Division of Child Support's license suspension program?, 388-14A-4505 The notice of noncompliance and intent to suspend licenses, 388-14A-4510 Who is subject to the DCS license suspension program?, 388-14A-4515 How do I avoid having my license suspended for failure to pay child support?, 388-14A-4520 Signing a repayment agreement will avoid certification for noncompliance, 388-14A-4525 How to obtain a release of certification for noncompliance, 388-14A-4530 Administrative hearings regarding license suspension are limited in scope, 388-14A-4600 What is the division of child support's DCS most wanted internet site?, 388-14A-4605 Whose picture can go on the Division of Child Support's DCS most wanted internet site?, 388-14A-4610 How does a noncustodial parent avoid being posted on the DCS most wanted internet site?, 388-14A-4615 When does DCS remove a noncustodial parent from the DCS most wanted internet site?, and 388-14A-4620 What information does the Division of Child Support post to the DCS most wanted internet site?
PART E - DISTRIBUTION OF CHILD SUPPORT PAYMENTS, WAC 388-14A-5000 How does the Division of Child Support distribute support payments?, 388-14A-5050 When does DCS send a notice of intent to distribute support money?, 388-14A-5100 What kind of distribution notice does the Division of Child Support send?, 388-14A-5200 What is a "total versus total" notice?, 388-14A-5300 How does the Division of Child Support recover a support payment which has already been distributed?, 388-14A-5400 How does the Division of Child Support tell the custodial parent when they adjust the amount of debt owed on the case?, 388-14A-5500 How does the Division of Child Support collect support debts owed by someone other than a noncustodial parent?, 388-14A-5505 DCS uses a notice of retained support debt to claim a debt owed by a custodial parent, 388-14A-5510 How does DCS serve a notice of retained support debt?, 388-14A-5515 What happens if I don't respond to a notice of retained support debt or request a hearing?, 388-14A-5520 What happens if I make a timely objection to a notice of retained support debt?, 388-14A-5525 What happens at the hearing on a notice of retained support debt?, 388-14A-5530 Can I request a late hearing on a notice of retained support debt?, 388-14A-5535 How does DCS collect a debt established on a notice of retained support debt?, and 388-14A-5540 Can I just acknowledge that I owe money to the Division of Child Support?
PART F - HEARINGS AND CONFERENCE BOARDS, WAC 388-14A-6000 Which statutes and regulations govern the Division of Child Support's hearing process?, 388-14A-6100 The Division of Child Support accepts oral requests for hearing or conference board, 388-14-6200 What are my hearing rights when the Division of Child Support takes collection action against my bank account?, 388-14A-6300 Duty of the administrative law judge in a hearing to determine the amount of a support obligation, 388-14A-6400 The Division of Child Support's grievance and dispute resolution method is called a conference board, 388-14A-6405 How to apply for a conference board, 388-14A-6410 Explanation of the conference board process, 388-14A-6415 Scope of authority of conference board chair defined, and 388-14A-6500 Can I use equitable estoppel as a defense in a hearing with the Division of Child Support?
PART G - INTERSTATE ISSUES, WAC 388-14A-7100 An order from another state may be registered in Washington for enforcement or modification, and 388-14A-7200 DCS can serve notices in another state under the Uniform Interstate Family Support Act.
PART H - MISCELLANEOUS PROVISIONS, WAC 388-14A-8100 Are there special rules for setting child support for children in foster care?, 388-14A-8105 Does the cost of care affect how much child support I pay when my child is in foster care?, 388-14A-8110 What happens to the money if current support is higher than the cost of care?, 388-14A-8120 Are there special rules for collection in foster care cases?, 388-14A-8200 All Washington employers must report new hires to the Washington state support registry, 388-14A-8300 Who pays for genetic testing when paternity is an issue?, 388-14A-8400 Does the Division of Child Support have the right to approve my child support order before the court enters it?, and 388-14A-8500 Can the Division of Child Support issue subpoenas?
Purpose: The Division of Child Support has reviewed its existing rules under the Governor's Executive Order 97-02; has repealed chapters 388-11, 388-13, and 388-14 WAC and replaced them with chapter 388-14A WAC.
Statutory Authority for Adoption: RCW 74.08.090.
Statute Being Implemented: RCW 74.08.090.
Summary: The Division of Child Support has reviewed all the rules in chapters 388-11, 388-13, and 388-14 WAC under the Governor's Executive Order 97-02. As part of the review, DCS intends to repeal those rules which are no longer needed, revise those which need to be revised for clarity and usability, and establish a new chapter of the WAC, chapter 388-14A WAC, which will put all of the rules relating to the Division of Child Support into one chapter. This will entail repealing the entirety of chapters 388-11, 388-13, and 388-14 WAC. Certain of DCS's rules have been adopted under Executive Order 97-02 and will be renumbered but not otherwise revised. Shown above is a list of rules indicating which rules are being repealed, and a list of the new rules in chapter 388-14A WAC.
Reasons Supporting Proposal: Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Nancy Koptur, DCS Rules Coordinator, P.O. Box 9162, Olympia, WA 98507, (360) 664-5065.
Name of Proponent: Department of Social and Health Services, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This amendment gathers together in one chapter all the rules for the Washington state child support enforcement program.
Proposal Changes the Following Existing Rules: Repeals existing chapters 388-11, 388-13, and 388-14 WAC and replaces them with new chapter 388-14A WAC.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This change does not meet the requirements for a small business economic impact statement.
RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 (5)(b)(vii) exempts DSHS rules that only [apply] to client medical or financial eligibility.
Hearing Location: Lacey Government Center (behind Tokyo Bento Restaurant), 1009 College Street S.E., Room 104-B, Lacey, WA 98503, on October 10, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Kelly Cooper by October 2, 2000, phone (360) 664-6094, TTY (360) 664-6178, e-mail CoopeKD@dshs.wa.gov.
Submit Written Comments to: Identify WAC Numbers, Kelly Cooper, Rules Coordinator, Rules and Policies Assistance Unit, P.O. Box 45850, Olympia, WA 98504-5850, fax (360) 664-6187, by October 10, 2000.
Date of Intended Adoption: October 11, 2000.
July 28, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2798.2PART A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT(1) The division of child support (DCS) is the part of the department of social and health services that provides support enforcement services for the state of Washington under Title IV-D of the federal Social Security Act. DCS acts as the Washington state support registry (WSSR) under chapter 26.23 RCW.
(2) If your support order requires you to make payments to DCS or to WSSR, you should send payments to: WSSR, PO Box 45868, Olympia WA 98504-5868.
(3) If you want to call DCS, you can call 1-800-442-KIDS, or call the local DCS field office.
(4) If you want to write to DCS, you can write to the local DCS field office or to P.O. Box 9162, Olympia WA 98507-9162.
(5) DCS is responsible for the state-wide administration of wage withholding under Title IV-D.
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(1) The division of child support (DCS), on behalf of the department of social and health services of the state of Washington, establishes the following provisions as the state plan ("the plan") for its child support enforcement program. This plan is authorized by Title IV-D of the Social Security Act and chapters 74.20 and 74.20A RCW. This plan covers the entire state of Washington.
(2) DCS is the designated organizational unit within the state of Washington to administer the plan.
(3) DCS is the agency referred to in federal law as "the Title IV-D agency," and performs all duties assigned to the Title IV-D agency.
(4) DCS enters into contracts for support enforcement and related services with:
(a) Other state agencies;
(b) Other states or foreign countries for action under the Uniform Interstate Family Support Act (UIFSA) and other laws to enforce or collect child support, locate noncustodial parents, or establish paternity. These contracts may include procedures for:
(i) Making referrals;
(ii) Assigning debts;
(iii) Reporting actions and activities; and
(iv) Coordination of activities under and ensuring compliance with UIFSA.
(c) Private parties;
(d) The secretary of the Department of Health and Human Services to refer and certify cases:
(i) To the federal parent locator service (FPLS);
(ii) To the secretary of the treasury for action to collect support debts; and
(iii) For action to enforce support debts in the United States district courts.
(5) DCS manages the Title IV-D plan for the state of Washington and:
(a) Oversees all activities under the plan to ensure the program meets the standards for an efficient and effective program;
(b) Evaluates the quality and scope of services provided under the plan;
(c) Ensures that federal and state requirements for records management, accounting and fiscal control are met;
(d) Provides all services under the plan in appropriate cases, including action to locate parents, to establish paternity, and to establish, enforce and collect child support; and
(e) Assures that referrals and other communications with the Title IV-A agency (which operates the public assistance program) meet the requirements of the Title IV-D and Title IV-A state plans.
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(1) The division of child support (DCS) has been known by the following names:
(a) The office of support enforcement (OSE);
(b) The state's Title IV-D agency; and
(c) The support enforcement division (SED);
(2)Some statutes and forms use one of these other names, but they all mean the division of child support.
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(1) The division of child support (DCS) is subject to both state and federal law, mainly:
(a) Title IV-D of the Social Security Act sets out the federal requirements for a state's support enforcement program.
(b) Title 45 of the Code of Federal Regulations contains the federal regulations regarding support enforcement programs.
(c) Chapter 26.23 RCW establishes the Washington state support enforcement program.
(2) The main state statutes governing DCS are found in Title 26 RCW and chapters 74.20 and 74.20A RCW.
(3) The Washington Administrative Code (WAC) contains the state regulations regarding the Washington state support enforcement program.
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For purposes of this chapter, the following definitions apply:
"Absent parent" is a term used for a noncustodial parent.
"Accrued debt" means past-due child support which has not been paid.
"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 (including medical support) and order the payment of a set or determinable amount of support for current support and/or a support debt. Administrative orders include:
(1) An order entered under chapter 34.05 RCW;
(2) An agreed settlement or consent order entered under WAC 388-14A-3600; and
(3) A support establishment notice which has become final by operation of law.
"Agency" means the Title IV-D provider of a state, in Washington, this is DCS.
"Agreed settlement" is an administrative order developed by the agreement of the noncustodial parent, the custodial parent and the division of child support which does not require the approval of an administrative law judge.
"Aid" or "public assistance" means cash assistance under the temporary assistance for needy families (TANF) program, federally-funded or state-funded foster care, and includes day care benefits and medical benefits provided to families as an alternative or supplement to TANF.
"Applicant/custodian" means a person who applies for public assistance on behalf of a child or children residing in their household.
"Applicant/recipient," "applicant," and "recipient" means a person who receives public assistance on behalf of a child or children residing in their household.
"Arrears" means debt amount owed for a period of time before the current month.
"Assistance" means cash assistance under the state program funded under Title IV-A of the federal Social Security Act.
"Birth costs" means medical expenses incurred by the custodial parent or the state for the birth of a child.
"Conference board" means a method used by the division of child support for the resolution of complaints regarding DCS cases and for granting exceptional or extraordinary relief from debt.
"Consent order" means a support order developed by the agreement of the noncustodial parent, the custodial parent and the division of child support which requires the approval of an administrative law judge.
"Current support" or "current and future support" means the amount of child support which is owed for each month.
"Custodial parent" means the person, whether a parent or nonparent, with whom a dependent child resides the majority of the time period for which the division of child support seeks to establish a support obligation.
"Date the state assumes responsibility for the support of a dependent child on whose behalf support is sought" means the date that the temporary assistance for needy families 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 end, whichever occurs later.
"Delinquency" means failure to pay current child support when due.
"Department" means the Washington state department of social and health services.
"Dependent child" means a person:
(1) Seventeen years of age or younger who is not self-supporting, married, or a member of the united states armed forces;
(2) Eighteen years of age or older for whom a court order requires support payments past age eighteen;
(3) Eighteen years of age or older, but under nineteen years of age, for whom an administrative support order exists if the child is:
(a) A full-time student; and
(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 turns nineteen.
"Disposable earnings" means the amount of earnings remaining after the deduction of amounts required by law to be withheld.
"Earnings" means compensation paid or payable for personal service. Earnings include:
(1) Wages or salary;
(2) Commissions and bonuses;
(3) Periodic payments under pension plans, retirement programs, and insurance policies of any type;
(4) Disability payments under Title 51 RCW;
(5) Unemployment compensation under RCW 50.40.020, 50.40.050 and Title 74 RCW;
(6) Gains from capital, labor, or a combination of the two; and
(7) The fair value of nonmonetary compensation received in exchange for personal services.
"Employee" means a person to whom an employer is paying, owes, or anticipates paying earnings in exchange for services performed for the employer.
"Employer" means any person or organization having an employment relationship with any person. This includes:
(1) Partnerships and associations;
(2) Trusts and estates;
(3) Joint stock companies and insurance companies;
(4) Domestic and foreign corporations;
(5) The receiver or trustee in bankruptcy; and
(6) The trustee or legal representative of a deceased person.
"Employment" means personal services of whatever nature, including service in interstate commerce, performed for earnings or under any contract for personal services. Such a contract may be written or oral, express or implied.
"Family" means the person or persons on whose behalf support is sought, which may include a custodial parent and one or more children, or a child or children in foster care placement. The family is sometimes called the assistance unit.
"Family member" means the caretaker relative, the child(ren), and any other person whose needs are considered in determining eligibility for assistance.
"Foster care case" means a case referred to the Title IV-D agency by the Title IV-E agency or the state division of child and family services.
"Fraud," for the purposes of vacating an agreed settlement or consent order, means:
(1) The representation of the existence or the nonexistence of a fact;
(2) The representation's materiality;
(3) The representation's falsity;
(4) The speaker's knowledge that the representation is false;
(5) The speaker's intent that the representation should be acted on by the person to whom it is made;
(6) Ignorance of the falsity on the part of the person to whom it is made;
(7) The latter's:
(a) Reliance on the truth of the representation;
(b) Right to rely on it; and
(c) Subsequent damage.
"Good cause" for the purposes of late hearing requests and petitions to vacate orders on default means a substantial reason or legal justification for delay, including but not limited to the grounds enumerated in civil rule 60. The time periods used in civil rule 60 apply to good cause determinations in this chapter.
"Head of household" means the parent or parents with whom the dependent child or children were residing at the time of placement in foster care.
"Health care costs":
(1) For the purpose of establishing support obligations under RCW 74.20A.055 and 74.20A.056, means medical, dental and optometrical expenses; and,
(2) For the purpose of enforcement action under chapters 26.23, 74.20 and 74.20A RCW, including the notice of support debt and the notice of support owed, means medical, dental and optometrical costs stated as a fixed dollar amount by a support order.
"Hearing" means an adjudicative proceeding authorized by this chapter, or chapters 26.23, 74.20 and 74.20A RCW, conducted under chapter 388-02 WAC and chapter 34.05 RCW.
"I/Me" means the person asking the question which appears as the title of a rule.
"Income includes":
(1) All gains in real or personal property;
(2) Net proceeds from the sale or exchange of real or personal property;
(3) Earnings;
(4) Interest and dividends;
(5) Proceeds of insurance policies;
(6) Other periodic entitlement to money from any source; and
(7) Any other property subject to withholding for support under the laws of this state.
"Income withholding action" includes all withholding actions which DCS is authorized to take, and includes but is not limited to:
(1) Assert liens under RCW 74.20A.060;
(2) Serve and enforce liens under chapter 74.20A RCW;
(3) Issue orders to withhold and deliver under chapter 74.20A RCW;
(4) Notices of payroll deduction under chapter 26.23 RCW; and
(5) Obtain wage assignment orders under RCW 26.18.080.
"Locate" can mean efforts to obtain service of a support establishment notice in the manner prescribed by WAC 388-14A-3105.
"Medical support" means either or both:
(1) Health care costs stated as a fixed dollar amount in a support order; and
(2) Health insurance coverage for a dependent child.
"Noncustodial parent" means the natural parent, adoptive parent, responsible stepparent or person who signed and filed an affidavit acknowledging paternity, from whom the state seeks support for a dependent child. Also called the NCP. A parent is considered to be an NCP when for the majority of the time during the period for which support is sought, the child resided somewhere other than with that parent.
"Other ordinary expense" means an expense incurred by a parent which:
(1) Directly benefits the dependent child; and
(2) Relates to the parent's residential time or visitation with the child.
"Past support" means support arrears.
"Paternity testing" means blood testing or genetic tests of blood, tissue or bodily fluids. This is also called genetic testing.
"Payment services only" or "PSO" means a case on which the division of child support's activities are limited to recording and distributing child support payments, and maintaining case records. A PSO case is not a IV-D case.
"Permanently assigned arrearages" means those arrearages which must be collected and retained by the state up to the amount of unreimbursed assistance.
"Physical custodian" means custodial parent, also called the CP.
"Putative father" includes all men who may possibly be the father of the child or children on whose behalf the application for assistance or support enforcement services is made.
"Reasonable efforts to locate" means any of the following actions performed by the division of child support:
(1) Mailing a support establishment notice to the noncustodial parent in the manner described in WAC 388-14A-3105;
(2) Referral to a sheriff or other server of process, or to a locate service or department employee for locate activities;
(3) Tracing activity such as:
(a) Checking local telephone directories and attempts by telephone or mail to contact the custodial parent, relatives of the noncustodial parent, past or present employers, or the post office;
(b) Contacting state agencies, unions, financial institutions or fraternal organizations;
(c) Periodic searches for identification information recorded by other state agencies, federal agencies, credit bureaus, or other record-keeping agencies or entities; or
(d) Case maintenance in the division of child support's automated locate program.
(4) Referral to the state or federal parent locator service;
(5) Referral to the attorney general, prosecuting attorney, the IV-D agency of another state, or the Department of the Treasury for specific legal or collection action;
(6) Attempts to confirm the existence of and to obtain a copy of a paternity acknowledgment; or
(7) Other actions reasonably calculated to produce information regarding the NCP's whereabouts.
"Required support obligation for the current month" means the amount set by a superior court order, tribal court order, or administrative order for support which is due in the month in question.
"Resident" means a person physically present in the state of Washington who intends to make their home in this state. A temporary absence from the state does not destroy residency once it is established.
"Residential care" means foster care, either state or federally funded.
"Residential parent" means the custodial parent (CP), or the person with whom the child resides that majority of the time.
"Responsible parent" is a term sometimes used for a noncustodial parent.
"Responsible stepparent" means a stepparent who has established an in loco parentis relationship with the dependent child.
"Secretary" means the secretary of the department of social and health services or the secretary's designee.
"State" means a state or political subdivision, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a federally recognized Indian tribe or a foreign country.
"Superior court order" means a judgment, decree or order of a Washington state superior court, or of another state's court of comparable jurisdiction.
"Support debt" means support which was due under a support order but has not been paid. This includes:
(1) Delinquent support;
(2) A debt for the payment of expenses for the reasonable or necessary care, support and maintenance including health care costs, birth costs, child care, and special child rearing expenses of a dependent child or other person;
(3) A debt under RCW 74.20A.100 or 74.20A.270; or
(4) Accrued interest, fees, or penalties charged on a support debt, and attorneys; fees and other litigation costs awarded in an action under Title IV-D to establish or enforce a support obligation.
"Support enforcement services" means all actions the Title IV-D agency is required to perform under Title IV-D of the Social Security Act and state law.
"Support establishment notice" means a notice and finding of financial responsibility under WAC 388-14A-3115, a notice and finding of parental responsibility under WAC 388-14A-3120, or a notice and finding or medical responsibility under WAC 388-14A-3125.
"Support money" means money paid to satisfy a support obligation, whether it is called child support, spousal support, alimony, maintenance, medical support, or birth costs.
"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, birth costs, and child care or special child rearing expenses.
"Temporarily assigned arrearages" means those arrearages which accrue prior to the family receiving assistance, for assistance applications dated on or after October 1, 1997.
"Title IV-D" means Title IV-D of the Social Security Act established under Title XX of the Social Security amendments and as incorporated in Title 42 USC.
"Title IV-D agency" or "IV-D agency" means the division of child support, which is the agency responsible for carrying out the Title IV-D plan in the state of Washington. Also refers to the Washington state support registry (WSSR).
"Title IV-D case" is a case in which the division of child support provides services which qualifies for funding under the Title IV-D plan.
"Title IV-D plan" means the plan established under the conditions of Title IV-D and approved by the secretary, Department of Health and Human Services.
"Title IV-E" means Title IV-E of the Social Security Act established under Title XX of the Social Security amendments and as incorporated in Title 42 U.S.C.
"Title IV-E case" means a foster care case
"Tribunal" means a state court, tribal court, administrative agency, or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.
"Unreimbursed assistance" means the cumulative amount of assistance which was paid to the family and which has not been reimbursed by assigned support collections.
"We" means the division of child support, part of the department of social and health services of the state of Washington.
"You" means the reader of the rules, a member of the public, or a recipient of support enforcement services.
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(1) The division of child support (DCS) provides support enforcement services when:
(a) The department of social and health services pays public assistance or provides foster care services;
(b) A former recipient of public assistance is eligible for services, as provided in WAC 388-14A-2000 (2)(c);
(c) A custodial parent (CP) or noncustodial parent (NCP) requests nonassistance support enforcement services under RCW 74.20.040 and WAC 388-14A-2000;
(d) A support order or wage assignment order under chapter 26.18 RCW directs the NCP to make support payments through the Washington state support registry (WSSR);
(e) A support order under which there is a current support obligation for dependent children is submitted to the WSSR;
(f) a former custodial parent (CP) requests services to collect a support debt accrued under a court or administrative support order while the child(ren) resided with the CP; or
(g) A child support enforcement agency in another state or foreign country requests support enforcement services.
(2) DCS takes action under chapters 26.23 and 74.20A RCW to establish, enforce and collect child support obligations. DCS refers cases to the county prosecuting attorney or attorney general's office when judicial action is required.
(3) DCS does not take action on cases where the community services office (CSO) has granted the CP good cause not to cooperate under WAC 388-422-0020, when the CSO grants "level A good cause." If the CSO grants "level B good cause," DCS proceeds to establish and/or enforce support obligations but does not require the CP to participate. WAC 388-14A-2065 and 388-14A-2070 describe the way DCS handles cases with good cause issues.
(4) DCS establishes, maintains, retains and disposes of case records in accordance with the department's records management and retention policies and procedures adopted under chapter 40.14 RCW.
(5) DCS establishes, maintains, and monitors support payment records.
(6) DCS receives, accounts for and distributes child support payments required under court or administrative orders for support.
(7) DCS files a satisfaction of judgment when we determine that a support obligation is either paid in full or no longer legally enforceable. WAC 388-14A-2099 describes the procedures for filing a satisfaction of judgment. WAC 388-14A-2099(4) describes how DCS determines a support obligation is satisfied or no longer legally enforceable.
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The services provided by the division of child support include, but are not limited to the following:
(1) Establishment of administrative child support orders (see WAC 388-14A-3100);
(2) Enforcement of court orders (see WAC 388-14A-3305 and 388-14A-3310);
(3) Referral to the prosecuting attorney for establishment of paternity;
(4) Receiving payments and distributing the payments (see WAC 388-14A-5000);
(5) Locate services as provided in WAC 388-14A-1035;
(6) Welfare to work services in conjunction with other parts of DSHS, ESD and private contractors.
(7) Cooperate with the IV-D agencies of other states (see WAC 388-14A-1060); and
(8) Any other services allowed by the state plan and applicable state and federal law.
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(1) The division of child support (DCS) maintains a service to locate noncustodial parents, using:
(a) All sources of information and available records in Washington or other states; and
(b) The federal parent locator service (FPLS) maintained by the federal Department of Health and Human Services.
(2) DCS provides locate services for:
(a) Persons receiving public assistance for the benefit of dependent children;
(b) Any agency or attorney of another state seeking to collect support obligations under an agreement entered into with DCS;
(c) A court which has the authority to issue an order against a noncustodial parent (NCP) for the support and maintenance of a child;
(d) The custodial parent (CP), legal guardian, attorney or agent of a child who does not receive public assistance, and has not applied for full support enforcement services;
(e) The IV-D agency of another state; and
(f) Those persons authorized by 45 C.F.R. 303.15 to use the FPLS in connection with parental kidnapping or child custody cases.
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A request or referral asking the division of child support (DCS) to provide location services must contain the following information:
(1) The name of the noncustodial parent (NCP);
(2) The NCP's social security number, if known;
(3) Whether NCP is now or has been a member of the armed services;
(4) Whether NCP is now receiving or has received any federal benefits;
(5) A request for a referral to FPLS;
(6) A statement that the request is being made to locate a person only for one of the following purposes:
(a) Establishing paternity,
(b) Securing support, or
(c) In connection with parental kidnapping or child custody cases.
(7) A statement acknowledging that any information obtained from the FPLS must be kept confidential.
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(1) A request for location services is not an application for full support enforcement services.
(2) The division of child support (DCS) makes diligent and reasonable efforts to locate the noncustodial parent (NCP), including referral to the federal parent locator service (FPLS).
(3) If DCS is unsuccessful in locating the NCP using local and state resources, DCS closes the case as provided in 388-14A-2080(12).
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The division of child support (DCS) cooperates with the IV-D agencies of other states, according to rules and policies set by the Secretary of the Department of Health and Human Services and/or the federal Office of Child Support Enforcement (OCSE). Areas of cooperation include:
(1) Establishing paternity;
(2) Locating a noncustodial parent (NCP) who resides in Washington;
(3) Enforcing the support obligation of an NCP who resides in Washington but whose support order was entered by another state; and
(4) Any other functions required under a Title IV-D plan.
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(1) The division of child support (DCS) may, on the request of another state, collect child support rights and/or debts which have been assigned to that state under 42 U.S.C. 602 (a)(26)(A).
(2) DCS uses the remedies in chapters 26.23, 74.20 and 74.20A RCW to collect support on behalf of another state or IV-D agency.
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(1) The division of child support (DCS) is authorized to enter into cooperative arrangements and written agreements including financial arrangements with the appropriate courts and law enforcement officials (including Indian tribes) to assist DCS in administering the state plan for support enforcement.
(2) These cooperative arrangements include the investigation and prosecution of fraud related to paternity and child support.
(3) DCS shares the federal funds it receives under 42 U.S.C. 655 according to the cooperative and financial agreements.
(4) Any support payments that are made by a noncustodial parent (NCP) after DCS refers a case to a court or law enforcement official must be submitted to the Washington state support registry.
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PART B - BASIC RULES FOR CHILD SUPPORT CASES(1) The division of child support (DCS) provides payment processing and records maintenance services (called "payment services only") to parties to a court order who are not receiving a public assistance grant when:
(a) A Washington superior court order, tribal court order, administrative order, or wage assignment order under chapter 26.18 RCW directs payments through DCS or through the Washington state support registry (WSSR);
(b) The custodial parent (CP) of a dependent child or a noncustodial parent (NCP) requests payment services only, provided that:
(i) A NCP's request for payment services only may not cause a reduction of service from the level of service provided under section (2) of this section; and
(ii) The support obligation is set by a Washington superior court, tribal court, administrative or wage assignment order, directing payment to DCS or to WSSR.
(2) DCS provides full support enforcement services under Title IV-D of the social security act to custodial parents or noncustodial parents who are not receiving a public assistance grant when:
(a) The custodial parent or former physical custodian of a child requests support enforcement services;
(b) A NCP parent submits a support order for inclusion in or a support payment to the WSSR, together with an application for support enforcement services;
(c) A public assistance recipient stops receiving a cash grant under the temporary assistance for needy families program;
(d) The department provides Medicaid-only benefits to a CP on behalf of a dependent child, unless the recipient of the Medicaid-only benefits declines support enforcement services not related to paternity establishment, medical support establishment or medical support enforcement; or
(e) A man requests paternity establishment services alleging he is the father of a dependent child.
(3) DCS provides payment processing, records maintenance, paternity establishment, medical support establishment, and medical support enforcement services when a recipient of Medicaid-only benefits declines support enforcement services in writing.
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(1) When a custodial parent or physical custodian applies for or receives cash assistance on behalf of a minor child, the family authorizes the division of child support (DCS) to provide support enforcement services to the family.
(2) These services continue until the support enforcement case is closed pursuant to WAC 388-14A-2080.
(3) WAC 388-14A-2035 describes the nature of the assignment of support rights.
(4) If the community services office grants good cause not to cooperate under WAC 388-422-0021, DCS does not provide services. See WAC 388-14A-2065.
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(1) If you are not receiving public assistance, you can apply for support enforcement services. This is called a nonassistance case. A nonassistance case receives the same level of services as a case that was opened because of the payment of public assistance.
(2) Generally, the person applying for nonassistance support enforcement services is the custodial parent or former custodial parent of a child. However, the noncustodial parent may apply for services as well, as provided in WAC 388-14A-2000 (2)(b) and (e).
(3) A person wishing to apply for nonassistance support enforcement services must submit a written application for support enforcement services except as provided in WAC 388-14A-2000 (2)(c); and
(a) Have or have had physical custody of the child for whom support is sought, or for whom a support debt has accrued, or be the person with whom the child resided the majority of the time for which support is sought; or
(b) Be the noncustodial parent.
(4) The applicant must:
(a) Give consent for the division of child support (DCS) to take an assignment of earnings from the noncustodial parent (NCP) if the parents are still married;
(b) Agree to send any support payments received directly from the NCP to DCS within eight days of receipt;
(c) Agree to direct a payor or forwarding agent to make payments to the Washington state support registry (WSSR);
(d) Agree not to hire an attorney or collection agency, or apply to any other state's IV-D agency to collect the same support obligation or support debt, without notifying DCS;
(e) Complete, sign, date and submit to DCS the application form and any other required documents;
(f) Supply copies of divorce and dissolution decrees, support orders and modification orders, and any related documents affecting a support obligation;
(g) Provide a statement of the amount of support debt owed by the NCP; and
(h) Include or attach a list, by date, of the support payments received from the NCP during the time period for which the CP seeks support.
(5) If someone other than the CP has legal custody of the child under a court order, the CP must affirm that:
(a) The CP has not wrongfully deprived the legal custodian of custody; and
(b) The person with legal custody has not been excused from making support payments by a court or administrative tribunal.
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(1) If you are not a resident of the state of Washington but you are applying for services, you must state under oath that there is not an open IV-D case in another state.
(2) The division of child support (DCS) may decline the application for nonassistance support enforcement services if:
(a) DCS already has an open case for you which was opened at the request of another state; or
(b) Neither the custodial parent nor the noncustodial parent reside in, work, or have any contacts with the state of Washington.
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(1) The division of child support (DCS) may deny an application which is incomplete, contains unclear or inconsistent statements, or is not supported by necessary documents.
(2) DCS may deny an application from a non-resident as provided in WAC 388-14A-2015(2).
(3) When DCS denies an application, DCS sends the applicant a written notice of denial by regular mail. The notice advises the applicant:
(a) Of the reasons for the denial; and
(b) That the applicant may request an administrative hearing to contest the denial.
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(1) In a nonassistance support enforcement case, the division of child support (DCS):
(a) Provides only records maintenance and payment processing services if the payee under a support order does not submit an application for support enforcement services and the:
(i) Order directs support payments to DCS or to the Washington state support registry (WSSR); and
(ii) The clerk of the court submitted the order under RCW 26.23.050.
(b) Continues to provide services without an application after a:
(i) Public assistance recipient stops receiving a cash grant; or
(ii) Recipient of Medicaid-only benefits becomes ineligible for Medicaid-only benefits, unless the recipient declines support enforcement services or requests additional services.
(2) If you receive services as a former recipient of assistance, as described in subsection (1)(b), you must cooperate with DCS in the same way as when you received a grant.
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(1) A custodial parent applying for or receiving cash assistance on behalf of a minor child assigns the family's rights to support as provided in WAC 388-14A-2035, below.
(2) A person applying for nonassistance support enforcement services does not assign support rights, but agrees to cooperate with the division of child support as provided in WAC 388-14A-2010(3).
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(1) When you receive public assistance you assign your rights to support to the state. This section applies to all applicants and recipients of cash assistance under the state program funded under Title IV-A of the federal Social Security Act.
(2) As a condition of eligibility for assistance, a family member must assign to the state the right to collect and keep, subject to the limitation in subsection (3), any support owing to the family member or to any other person for whom the family member has applied for or is receiving assistance.
(3) Amounts assigned under this section may not exceed the lesser of the total amount of assistance paid to the family or the total amount of the assigned support obligation.
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(1) As a condition of eligibility for assistance, a family member must assign to the state the right to collect and keep, subject to the limitation in WAC 388-14A-2035(3), any support owning to the family member or to any other person for whom the family member has applied for or is receiving assistance.
(2) While your family receives assistance, all support collected is retained by the state to reimburse the total amount of assistance which has been paid to your family.
(3) After your family terminates from assistance, certain accrued arrears remain assigned to the state in accordance with the following rules:
(a) For assistance applications dated prior to October 1, 1997, you permanently assign to the state all rights to support which accrued before the application date and which will accrue prior to the date your family terminates from assistance.
(b) For assistance applications dated on or after October 1, 1997, and before October 1, 2000:
(i) You permanently assign to the state all rights to support which accrue while your family receives assistance; and
(ii) You temporarily assign to the state all rights to support which accrued before the application date, until October 1, 2000, or when your family terminates from assistance, whichever date is later. After this date, if any remaining arrears are collected by federal income tax refund offset, the state retains such amounts, up to the amount of unreimbursed assistance.
(c) For assistance applications dated on or after October 1, 2000:
(i) You permanently assign to the state all rights to support which accrue while the family receives assistance; and
(ii) You temporarily assign to the state all rights to support which accrued before the application date, until the date your family terminates from assistance. After this date, if any remaining arrears are collected by federal income tax refund offset, the state retains such amounts, up to the amount of unreimbursed assistance.
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Permanently assigned arrears accrue only under the following conditions:
(1) For those periods prior to the family receiving assistance, for assistance applications dated on or before September 30, 1997; and
(2) For those periods while a family receives assistance, for assistance applications dated at any time.
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(1) Not permanently assigned to the state;
(2) Collected and retained by the state up to the amount of unreimbursed assistance, if these arrears are collected by federal income tax refund offset at any time; and
(3) Collected and retained by the state by any means, up to the cumulative amount of unreimbursed assistance:
(a) Until October 1, 2000 or until the date the family terminates from assistance, whichever date is later; or
(b) Only while the family receives assistance, for assistance periods beginning October 1, 2000 or later.
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(1) When you receive public assistance, you must cooperate with the division of child support (DCS) unless the department determines there is good cause not to cooperate under WAC 388-422-0021. For purposes of this section and WAC 388-14A-2075, DCS includes those acting on behalf of DCS (its "representatives"), namely the prosecuting attorney, the attorney general, or a private attorney paid per RCW 74.20.350. In cases where paternity is at issue, the custodial parent of a child who receives assistance must cooperate whether or not the parent receives assistance as well.
(2) Cooperation means giving information, attending interviews, attending hearings, or taking actions to help DCS establish and collect child support. This information and assistance is necessary for DCS to:
(a) Identify and locate the responsible parent;
(b) Establish the paternity of the child(ren) on assistance in the client's care; and
(c) Establish or collect support payments or resources such as property due the client or the child(ren).
(3) The client must also cooperate by sending to DCS any child support received by the client while on assistance, as required by RCW 74.20A.320. If the client keeps these payments, known as retained support, the client must sign an agreement to repay under RCW 74.20A.275, and the client must honor that agreement.
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(1) There may be penalties, called sanctions, for not cooperating with the division of child support (DCS). These sanctions and the noncooperation process are described in WAC 388-14A-2075. You may be sanctioned if:
(a) You do not go to scheduled interviews and answer questions;
(b) There is credible evidence showing that you could have given the information but did not;
(c) You have been giving inconsistent or false information without a good reason; or
(d) You refuse to sign or honor a repayment agreement under WAC 388-14A-2040(3).
(2) You must be given the opportunity to swear you do not have the information.
(3) You cannot be sanctioned because you provided information on a possible parent who was then excluded by genetic testing. In this event you must continue to cooperate in naming other possible parents and taking part in any resulting genetic testing.
(4) You may not be able to help DCS if you do not know, do not possess, or cannot reasonably obtain the requested information. To avoid a sanction, you must, under penalty of perjury, swear or attest to the lack of information in an interview held by DCS or its representative.
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(1) If a custodial parent (CP) receiving public assistance fears that the establishment or enforcement of support may result in harm to the CP or the children, the CP may claim good cause not to cooperate under WAC 388-422-0021. Go to the community services office (CSO) to claim good cause.
(2) If a CP who is not receiving public assistance fears that the establishment or enforcement of support may result in harm to the CP or the children, the CP should tell the division of child support (DCS) that family violence is an issue in the case, so that DCS may take appropriate action.
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(1) The community services office (CSO) makes the determination whether to grant good cause not to cooperate with the division of child support (DCS).
(2) When you make a claim of good cause not to cooperate, DCS does not take any action on the case while the claim is pending.
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(1) For custodial parents receiving public assistance, there are two kinds of good cause granted by the community services office (CSO):
(a) When the CSO determines that support establishment or enforcement cannot proceed at all because of a risk of danger to the custodial parent (CP) or children, this is called good cause level A.
(b) When the CSO determines that support establishment or enforcement can proceed without input from the CP, but that good cause exists for the CP not to cooperate with DCS, this is called good cause level B.
(2) See WAC 388-422-0021 for how the CSO grants good cause.
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If the community services office (CSO) grants a custodial parent good cause level A:
(1) The division of child support (DCS) closes the case and does not take any action to establish or enforce support for the children covered by the good cause finding.
(2) If the noncustodial parent applies for paternity establishment or support enforcement services, DCS does not open a case.
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If the community services office (CSO) grants a custodial parent good cause level B, the division of child support provides support enforcement services without requiring the custodial parent (CP) to provide information or cooperate with DCS in any way.
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(1) When the division of child support (DCS) or its representatives believe you are not cooperating as defined in WAC 388-14A-2040, DCS sends a notice to you and to the community service office (CSO) stating the noncooperation and explaining the following:
(a) How the noncooperation was determined, including what actions were required;
(b) What actions you must take to resume cooperation;
(c) That this notice was sent to the CSO;
(d) That you may contact the CSO immediately if you disagree with the notice, need help in order to cooperate, or believe the actions required are unreasonable; and
(e) That the CSO may sanction you by either reducing or terminating the grant.
(2) The CSO sends a notice of planned action to you as provided by WAC 388-245-1700 or any subsequent amendment.
(3) Either the notice of alleged noncooperation or the CSO's notice of planned action may serve as the basis for a sanction.
(4) If the noncooperation was due to missing an interview without reasonable excuse, cooperation resumes when you appear for a rescheduled interview and either provide information or attest to the lack of information. DCS or its representative must reschedule the interview within seven business days from the date you contact them to reschedule an interview.
(5) If the noncooperation was due to not taking a required action, cooperation resumes when you take that action.
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Once the division of child support (DCS) starts providing support enforcement services under RCW 26.23.045 and chapter 74.20 RCW, the case must remain open, unless DCS determines that:
(1) There is no current support order, and the support debt owed by the noncustodial parent (NCP) is less than five hundred dollars, or cannot be enforced under Washington law;
(2) The NCP or putative (alleged) father is dead with no assets, income or estate available for collection;
(3) The NCP has no assets or income available for collection and is not able to provide support during the child's minority because of being:
(a) Institutionalized in a psychiatric facility;
(b) Incarcerated without possibility of parole; or
(c) Medically verified as totally and permanently disabled with no evidence of ability to provide support.
(4) The applicant, agency or recipient of nonassistance services submits a written request for closure, and there is no current assignment of medical or support rights;
(5) DCS has enough information to use an automated locate system, and has not been able to locate the NCP after three years of diligent efforts;
(6) DCS does not have enough information to use an automated locate system, and has not been able to locate the NCP after one year of diligent efforts;
(7) DCS is unable to contact the applicant, agency or recipient of services for at least sixty days;
(8) DCS documents failure to cooperate by the custodial parent (CP) or the initiating jurisdiction, and that cooperation is essential for the next step in enforcement;
(9) DCS cannot obtain a paternity order because:
(a) The putative father is dead;
(b) Genetic testing has excluded all putative fathers;
(c) The child is at least eighteen years old;
(d) DCS, a court of competent jurisdiction or an administrative hearing determines that establishing paternity would not be in the best interests of the child in a case involving incest, rape, or pending adoption; or
(e) The biological father is unknown and cannot be identified after diligent efforts, including at least one interview by DCS or its representative with the recipient of support enforcement services.
(10) DCS, a court of competent jurisdiction or an administrative hearing determines that the recipient of services has wrongfully deprived the NCP of physical custody of the child as provided in WAC 388-14A-3370;
(11) DCS, the department of social and health services, a court of competent jurisdiction or an administrative hearing determines that action to establish or enforce a support obligation cannot occur without a risk of harm to the child or the CP;
(12) DCS has provided locate-only services in response to a request for state parent locator services (SPLS);
(13) The NCP is a citizen and resident of a foreign country, and:
(a) NCP has no assets which can be reached by DCS; and
(b) The country where NCP resides does not provide reciprocity in child support matters.
(14) The child is incarcerated or confined to a juvenile rehabilitation facility for a period of ninety days or more; or
(15) Any other circumstances exist which would allow closure under 45 C.F.R. 303.11 or any other federal statute or regulation.
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(1) The division of child support (DCS) may deny a request to close a support enforcement case when:
(a) There is a current assignment of support or medical rights on behalf of the children in the case;
(b) There is accrued debt under a support order which has been assigned to the state;
(c) Support or medical rights on behalf of the children have previously been assigned to the state;
(d) The person who requests closure is not the recipient of support enforcement services; or
(e) A superior court order requires payments to the Washington state support registry (WSSR).
(2) If there is no current assignment of support or medical rights, DCS may close the portion of the case which is owed to the custodial parent (CP), but if there is accrued debt under a support order which has been assigned to the state, DCS keeps that portion of the case open.
(3) If a superior court order specifies that the noncustodial parent (NCP) must make payments to the WSSR, but the CP does not want support enforcement services, DCS keeps the case open as a payment services only (PSO) case, which means that:
(a) DCS provides payment processing and records maintenance, and
(b) DCS does not provide enforcement services.
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(1) Sixty days before closing a case the division of child support (DCS) sends a notice of intent to close, advising the parties why DCS is closing the case.
(a) DCS does not send a notice when closing a case under WAC 388-14A-2080 (11) or (12).
(b) DCS does not provide sixty days' prior notice when closing a case under WAC 388-14A-2080(4).
(2) DCS mails a notice by regular mail to the last known address of the custodial parent (CP) and the noncustodial parent.
(3) In an interstate case, DCS mails the notice to the CP by regular mail in care of the other state's child support agency.
(4) If DCS is closing an interstate case because of noncooperation by the initiating jurisdiction, DCS also mails the notice to the other state's child support agency.
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(1) Only the person who applied for support enforcement services, also known as the recipient of services, may request a hearing to challenge closure of a case.
(2) If the recipient of services requests a hearing, the other party may participate in the hearing.
(3) The closure of a child support case does not stop the custodial parent or noncustodial parent from filing an application for support enforcement services in the future, but the reason for closure may affect whether the division of child support will open a new case.
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After support enforcement services are terminated, DCS returns support money to the noncustodial parent except if the case remains open as a payment services only (PSO) case as described in WAC 388-14A-2000(1).
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(1) When the division of child support (DCS) determines that a support obligation, established by order of a superior court of this state, has been satisfied or is no longer legally enforceable, DCS sends a notice of its intent to file a satisfaction of judgment to the last known address of the payee under the order and to the noncustodial parent (NCP).
(2) DCS includes the following provisions in the notice:
(a) A statement of the facts DCS relied on in making the determination; and
(b) A statement that payee has twenty days from the date of the notice, to:
(i) Object and request a conference board under WAC 388-14A-6400; or
(ii) Initiate an action to obtain a judgment from the court that entered the order.
(3) If the conference board or the court determines the support obligation or a support debt still exists, DCS withdraws the notice and makes reasonable efforts to enforce and collect the remaining support debt. If the conference board or court determines that a debt does not exist, DCS files a satisfaction of judgment with the clerk of superior court in which the order was entered.
(4) DCS determines that a support obligation is satisfied or no longer legally enforceable when the obligation to pay current and future support terminates under the order, and:
(a) The NCP has made all payments owed under the support order;
(b) The support debt is no longer enforceable due to the operation of the statute of limitations;
(c) DCS determines the NCP has a valid defense to payment of the debt under Washington law; or
(d) Under RCW 74.20A.220, DCS determines the debt is uncollectible, grants a total or partial charge-off, or accepts an offer to compromise a disputed debt.
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(1) Under RCW 26.23.120, all information and records, concerning persons who owe a support obligation or for whom the division of child support (DCS) provides support enforcement services, are private and confidential. DCS discloses information and records only as follows:
(a) DCS discloses information and records only to:
(i) A person or entity listed and for the specific purpose or purposes stated in federal law;
(ii) The person who is the subject of the information or records, unless the information or records are exempt under RCW 42.17.310;
(iii) Local, state, and federal government agencies for support enforcement and related purposes;
(iv) A party to a judicial proceeding or a hearing under chapter 34.05 RCW, if the administrative law judge (ALJ) enters an order to disclose. The ALJ must base the order on a written finding that the need for the information outweighs any reason for maintaining privacy and confidentiality;
(v) A party under contract, including a federally recognized Indian tribe, if disclosure will allow the party to assist in the program's management or operation;
(vi) A person or entity, including a federally recognized Indian tribe, when necessary to the administration of the program or the performance of functions and duties in state and federal law. DCS may publish information about a responsible parent for locate and enforcement purposes;
(vii) A person, representative, or entity if the person who is the subject of the information and records consents, in writing, to disclosure;
(viii) The office of administrative hearings or the office of appeals for administration of the hearing process under chapter 34.05 RCW. The ALJ or review judge must not include the address of either party in an administrative order, or disclose a party's address to the other party. The review judge and the ALJ must:
(A) State in support orders that the address is known by the Washington state support registry; and
(B) Inform the parties they may obtain the address by submitting a request for disclosure to DCS under this section.
(b) The last known address of, or employment information about, a party to a court or administrative order for, or a proceeding involving, child support may be given to another party to the order. The party receiving the information may only use the information to establish, enforce, or modify a support order. Disclosure of address information is subject to the provisions of WAC 388-14A-2110;
(c) The last known address of natural or adoptive children may be given to a parent having a court order granting that parent visitation rights with, legal custody of or residential time with the parent's natural or adoptive children. The parent may only use this information to enforce the terms of the court order. Disclosure of this information is subject to the provisions of WAC 388-14A-2110;
(d) DCS may disclose the Social Security Number of a dependent child to the noncustodial parent NCP to enable the NCP to claim the dependency exemption as authorized by the Internal Revenue Service;
(e) Financial records of an individual obtained from a financial institution maybe disclosed only for the purpose of, and to the extent necessary, to establish, modify, or enforce a child support obligation of that individual.
(2) Except as provided elsewhere in chapter 388-14A WAC, chapter 388-01 WAC governs the process of requesting and disclosing information and records.
(3) DCS must take timely action on requests for disclosure. DCS must respond in writing within five working days of receipt of the request.
(4) If a child is receiving foster care services, you must contact your local community services office for disclosure of the child's address information.
(5) The rules of confidentiality and penalties for misuse of information and reports that apply to a IV-D agency employee, also apply to a person who receives information under this section.
(6) Nothing in these rules:
(a) Prevents DCS from disclosing information and records when such disclosure is necessary to the performance of its duties and functions as provided by state and federal law;
(b) Requires DCS to disclose information and records obtained from a confidential source.
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(1) A request for disclosure of a parent or child's address must be submitted in writing and in person, with satisfactory evidence of identity, at any office of the division of child support (DCS);
(2) If the request is made by your attorney, DCS may waive the provisions regarding submission in person with satisfactory evidence of identity;
(3) If you are unable to appear at a DCS office in person, DCS may waive the provision requiring submission in person if you submit a notarized request for disclosure;
(4) The person seeking disclosure must attach the following to a request for disclosure of an address:
(a) A copy of the superior court order on which the request is based. DCS waives this provision if DCS has a true copy of the order on file;
(b) A sworn statement by the individual that the order has not been modified; and
(c) A statement explaining the purpose of the request and how the requestor intends to use the information.
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(1) The following provisions apply to a request for disclosure of the address of a party to the order or a dependent child under chapter 388-14A WAC. The division of child support (DCS) does not release the address if:
(a) The department has determined, under WAC 388-422-0021, that the custodial parent (CP) has good cause for refusing to cooperate;
(b) The order, on which the request is based, restricts or limits the address requesting party's right to contact or visit the other party or the child by imposing conditions to protect the party or the child from harm;
(c) An order has been entered finding that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of the information; or
(d) DCS has information which gives DCS reason to believe that release of the address may result in physical or emotional harm to the other party or to the children.
(2) Whenever DCS denies a request for disclosure under subsection (1) of this section, DCS notifies the nonrequesting party that disclosure of the address was requested and was denied.
(3) Prior to disclosing the address of a party or a child, DCS mails a notice to the last known address of the party whose address is sought, except as provided under subsection (4) of this section. The notice advises the party that:
(a) A request for disclosure has been made;
(b) DCS will disclose the address after thirty days from the date of the notice, unless:
(i) DCS receives a copy of an order which:
(A) Enjoins disclosure of the address;
(B) Restricts the address requesting party's right to contact or visit the other party or a child by imposing conditions to protect the party or the child from harm, including, but not limited to, temporary orders for protection under chapter 26.50 RCW; or
(C) States that the health, safety, or liberty of a party or child would be unreasonably put at risk by disclosure of address or other identifying information.
(ii) The party requests an administrative hearing which ultimately results in a decision that release of the address is reasonably anticipated to result in harm to a party or a dependent child;
(iii) In any hearing under this section, either party may participate in the proceeding by telephone, from any prearranged location. The location and phone number must not be disclosed by the administrative law judge (ALJ).
(4) DCS is not required to mail a notice prior to disclosure if:
(a) The requesting party presents a facially valid warrant or a judicial finding that:
(i) The other party will likely flee to avoid service of process; or
(ii) The other party will likely flee and that:
(A) A court of competent jurisdiction of this state or another state has entered an order giving legal and physical custody of a child whose address is requested to the requesting party; and
(B) The custody order has not been altered, changed, modified, superseded, or dismissed; and
(C) A child was taken or enticed from the address requesting party's physical custody without that party's consent; and
(D) The address requesting party has not subsequently assented to being deprived of physical custody of the children; and
(E) The address requesting party is making reasonable efforts to regain physical custody of the child; or
(b) The records of DCS contain a written authorization for address release under WAC 388-14A-2125.
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(1) In any administrative hearing requested under WAC 388-14A-2115 (3)(b)(ii):
(a) The parent requesting address disclosure and the other party to the order or action are independent parties in the hearing;
(b) Either party may participate by telephone, provided the party:
(i) States in the request for hearing that participation will be by telephone; or
(ii) Advises the office of administrative hearings (OAH) at least five calendar days prior to the scheduled hearing that participation will be by telephone; and
(iii) Provides OAH with a telephone number where the party can be reached for the hearing, at least five calendar days before the scheduled hearing.
(c) The administrative law judge (ALJ) must not disclose the location or phone number from which the party is appearing;
(d) The initial burden of proof is on the party requesting address disclosure, to show that the address request is for a purpose for which disclosure is specifically permitted under chapter 388-14A WAC;
(e) If the party requesting address disclosure:
(i) Fails to meet this burden, the ALJ enters an order denying the address request;
(ii) Establishes that the address was requested for a purpose for which disclosure is permitted, the other party must then show that it is reasonable to anticipate that physical or emotional harm to the party or a child will result from release of the address. The party objecting to address release:
(A) May demonstrate reasonable anticipation of harm by any form of evidence admissible under chapter 34.05 RCW; and
(B) Is not required to provide corroborative evidence required by WAC 388-422-0021, to establish a reasonable anticipation of harm.
(f) If either party fails to appear, the ALJ enters an order on default:
(i) If the party objecting to disclosure fails to appear, the order requires DCS to release the address unless the record contains documentary evidence which provides the basis for a finding that physical or emotional harm will likely result from release of the address;
(ii) If the address requesting party fails to appear, the default order denies the request for address information.
(g) OAH arranges the attendance of the parties by telephone or other procedure showing due regard for the safety of the parties and the children;
(h) DCS issues a final response to the disclosure request within five working days of the exhaustion of administrative remedies.
(2) If the custodial parent (CP) requests a hearing under this section in response to a department initiated review of the support order for modification, both parties to the support order are independent parties in the address disclosure hearing.
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(1) Any party to a support order may authorize the division of child support (DCS) to release his or her address to the other party with no prior notice.
(2) An authorization to release an address must be:
(a) In writing;
(b) Notarized; and
(c) Effective for any period designated by the party up to three years or until DCS is notified in writing that the party has revoked the authorization, whichever is sooner.
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(1) WAC 388-01-030 authorizes the division of child support (DCS) to charge copying and postage costs for responses to public disclosure.
(2) DCS charges fifteen cents per page for copies.
(3) The DCS public disclosure coordinator may waive copy fees in appropriate circumstances.
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(1) If the division of child support (DCS) denies a request for public disclosure, you may file an appeal with DCS Public Disclosure Appeals, P.O. Box 9162, Olympia WA 98507-9162.
(2) If your appeal is denied, you may pursue other options as set forth in WAC 388-01-080.
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(1) When a consumer reporting agency, as defined by 45 C.F.R. 303.105(a), requests information regarding the amount of overdue support owed by a noncustodial parent (NCP), the division of child support (DCS) provides such information if the amount of the support debt exceeds one thousand dollars.
(2) Prior to releasing information to the consumer reporting agency, DCS sends a written notice concerning the proposed release of the information to the NCP's last known address.
(3) The notice gives the NCP ten days from the date of the notice to request a conference board to contest the accuracy of the information. If the NCP requests a conference board, DCS does not release the information until a conference board decision has been issued.
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(1) The division of child support (DCS) may orally amend a notice issued under this chapter at the hearing to conform to the evidence. When DCS amends a notice at the hearing the:
(a) Administrative law judge (ALJ) may grant a continuance when necessary to allow the parties additional time to present evidence and argument as to the amendment; and
(b) DCS must reduce the terms of the amendment to writing and provide a copy, in person or by regular mail to the last known address of the parties, and to the ALJ within a reasonable time after amending the notice.
(2) The amended notice does not generate a new hearing right.
(3) When DCS has obtained reliable information that the income basis of the notice is incorrect, the agency shall amend a notice issued under WAC 388-14A-3115, 388-14A-3120, or 388-14A-3125 prior to seeking a default order for failure to appear. An amendment under this subsection must be made according to the terms of subsection (1) above.
(4) Subsection (3) of this section does not apply:
(a) TO cases in which no one has requested a hearing; or
(b) After the ALJ has closed the hearing record.
(5) If DCS has amended the notice under this section and either the noncustodial parent or the custodial parent fail to appear at a rescheduled hearing date, the ALJ must enter a default order on the terms of the amended notice.
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PART C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY(1) If a support order requires the noncustodial parent (NCP) to pay support to anywhere other than the Washington state support registry (WSSR), the division of child support (DCS) serves a notice on the NCP telling the NCP to make all future payments to the WSSR.
(2) DCS may serve a notice of support debt on a noncustodial parent (NCP) as provided in RCW 74.20A.040. See WAC 388-14A-3305.
(3) DCS may serve a notice of support owed on an NCP as provided in RCW 26.23.110. See WAC 388-14A-3310.
(4) When DCS serves a notice of support debt or a notice of support owed, DCS sends a notice to the payee under the order. See WAC 388-14A-3315.
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(1) The division of child support (DCS) may serve a notice of support debt on a noncustodial parent (NCP) under RCW 74.20A.040 to provide notice that DCS is enforcing a court order or foreign administrative order for support.
(2) DCS serves a notice of support debt like a summons in a civil action or by certified mail, return receipt requested.
(3) In a notice of support debt, DCS includes the information required by RCW 74.20A.040, the amount of current and future support, accrued support debt, any health insurance coverage obligation, and any day care costs under the court or administrative order.
(4) The NCP must make all support payments after service of a notice of support debt to the Washington state support registry. DCS does not credit payments made to any other party after service of a notice of support debt except as provided in WAC 388-14A-3375.
(5) A notice of support debt becomes final and subject to immediate wage withholding and enforcement without further notice under chapters 26.18, 26.23, and 74.20A RCW, subject to the terms of the order, unless, within twenty days of service of the notice in Washington, the NCP:
(a) Files a request with DCS for a conference board under WAC 388-14A-6400. The effective date of a conference board request is the date DCS receives the request; or
(b) Obtains a stay from the superior court.
(6) A notice of support debt served in another state becomes final according to WAC 388-14A-7200.
(7) Enforcement of the following are not stayed by a request for a conference board or hearing under this section or WAC 388-14A-6400:
(a) Current and future support stated in the order; and
(b) Any portion of the support debt that the NCP and custodial parent (CP) fail to claim is not owed.
(8) Following service of the notice of support debt on the NCP, DCS mails to the last known address of the custodial parent and/or the payee under the order:
(a) A copy of the notice of support debt; and
(b) A notice to payee under WAC 388-14A-3315 regarding the payee's rights to contest the notice of support debt. The CP has the same rights.
(9) If the NCP requests a conference board under subsection (5)(a) of this section, DCS mails a copy of the notice of conference board to the payee under the order informing the payee of the payee's right to:
(a) Participate in the conference board; or
(b) Request a hearing under WAC 388-14A-3320 within twenty days of the date of a notice of conference board that was mailed to a Washington address. If the notice of conference board was mailed to an out-of-state address, the payee may request a hearing within sixty days of the date of the notice of conference board. The effective date of a hearing request is the date DCS receives the request.
(10) If the payee requests a hearing under subsection (9) of this section, DCS must:
(a) Stay enforcement of the notice of support debt except as required under subsection (6) of this section; and
(b) Notify the NCP of the hearing.
(10) If a payee requests a late hearing under subsection (8) of this section, the payee must show good cause for filing the late request.
(11) A notice of support debt must fully and fairly apprise the NCP of the rights and responsibilities in this section.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-14A-3310
The division of child support serves a
notice of support owed to establish a fixed dollar amount under
an existing child support order.
(1) The division of child support (DCS) may serve a notice of support owed on a noncustodial parent (NCP) under RCW 26.23.110 to establish a fixed dollar amount of monthly support and accrued support debt:
(a) If a support obligation under a court order is not a fixed dollar amount, or
(b) to implement an adjustment or escalation provision of the court order.
(2) The notice of support owed includes day care costs and medical support if the court order provides for such costs.
(3) DCS serves a notice of support owed on an NCP like a summons in a civil action or by certified mail, return receipt requested.
(4) Following service on the NCP, DCS mails a notice to payee under WAC 388-14A-3315.
(5) In a notice of support owed, DCS includes the information required by RCW 26.23.110, and:
(a) The factors stated in the order to calculate monthly support;
(b) Any other information not contained in the order that was used to calculate monthly support and the support debt; and
(c) Notice of the right to request a review of the order once yearly or on the date, if any, given in the order for an annual review.
(6) The NCP must make all support payments after service of a notice of support owed to the Washington state support registry. DCS does not credit payments made to any other party after service of a notice of support owed except as provided in WAC 388-14A-3375.
(7) A notice of support owed 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 NCP, within twenty days of service of the notice in Washington:
(a) Contacts DCS, and signs an agreed settlement;
(ii) Files a request with DCS for a hearing under subsection (9) of this section; or
(iii) Obtains a stay from the superior court.
(b) A notice of support owed served in another state becomes final according to WAC 388-14A-7200.
(8) DCS may enforce at any time:
(a) A fixed or minimum dollar amount for monthly support stated in the court order or by prior administrative order entered under this section;
(b) Any part of a support debt that has been reduced to a fixed dollar amount by a court or administrative order; and
(c) Any part of a support debt that neither party claims is incorrect.
(9) A hearing on a notice of support owed is for the limited purpose of interpreting the court order for support and any modifying orders and not to change or defer the support provisions of the order. The hearing is only to determine:
(a) The amount of monthly support as a fixed dollar amount;
(b) Any accrued arrears through the date of hearing; and
(c) If a condition precedent in the court order to begin or modify the support obligation was met.
(10) If the NCP requested the hearing, he or she has the burden of proving any applicable defenses to liability under WAC 388-14A-3370 or that the amounts stated in the notice of support owed are incorrect.
(11) A notice of support owed or an initial or review decision issued under subsection (9) of this section must inform the parties of the right to request a review of the order once yearly or on the date, if any, given in the order for an annual review.
(12) If an NCP requests a late hearing, the NCP must show good cause for filing the late hearing request if it is filed more than one year after service of the notice of support owed.
(13) A notice of support owed fully and fairly apprises the NCP of the rights and responsibilities in this section.
(14) For the purposes of this section and WAC 388-14A-3315, the term "payee" includes "physical custodian" or "custodial parent."
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-14A-3315
When DCS serves a notice of support debt
or notice of support owed, we notify the custodial parent and/or
the payee under the order.
(1) The division of child support (DCS) sends a notice to a payee under a court order or foreign administrative order for support when DCS receives proof of service on the noncustodial parent (NCP) of:
(a) A notice of support owed under WAC 388-14A-3305; or
(b) A notice of support debt under WAC 388-14A-3310.
(2) DCS sends the notice to payee by first class mail to the last known address of the payee and enclose a copy of the notice served on the NCP.
(3) In a notice to payee, DCS informs the payee of the right to file a request with DCS for a hearing on a notice of support owed under WAC 388-14A-3105 or a notice of support debt under WAC 388-14A-3310 within twenty days of the date of a notice to payee that was mailed to a Washington address.
(4) If the notice to payee was mailed to an out-of-state address, the payee may request a hearing within sixty days of the date of the notice to payee.
(5) The effective date of a hearing request is the date DCS receives the request.
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(1) A hearing on a notice of support debt is for the limited purpose of determining the support debt through the date of the hearing under the order.
(2) The office of administrative hearings (OAH) sends a notice of hearing on a notice of support debt to the noncustodial parent (NCP), to the division of child support (DCS), and to the payee. The NCP and the payee each may participate in the hearing as an independent party.
(3) If only one party appears and wishes to proceed with the hearing, the administrative law judge (ALJ) holds a hearing and issue an initial decision based on the evidence presented or continue the hearing.
(a) An initial decision issued under this subsection includes an order of default against the nonappearing party and limits the appeal rights of the nonappearing party to the record made at the hearing.
(b) If neither the NCP nor the payee appears or wishes to proceed with the hearing, the ALJ issues an order of default against both parties.
(4) If the payee requests a late hearing on a notice of support owed or a notice of support debt, the payee must show good cause for filing the late hearing request.
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(1) When no public assistance is being paid to the custodial parent (CP) and the children, the division of child support (DCS) starts the claim for support as of the date the application for nonassistance services was received.
(2) When public assistance is being paid to the CP and children by another state, DCS starts the claim for support as of the date specified by the other state in the referral.
(3) For the notice and finding of parental responsibility, the back support obligation is limited by WAC 388-14A-3120(9).
(4) When the state of Washington is paying public assistance to the CP and/or the children, the following rules apply:
(a) For support obligations owed for months on or after September 1, 1979, DCS must exercise reasonable efforts to locate the noncustodial parent (NCP);
(b) DCS serves a notice and finding of financial or parental responsibility within sixty days of the date the state assumes responsibility for the support of a dependent child on whose behalf support is sought.
(c) If DCS does not serve the notice within sixty days, DCS loses the right to reimbursement of public assistance payments made after the sixtieth day and before the notice is served.
(d) DCS does not lose the right to reimbursement of public assistance payments for any period of time:
(i) During which DCS exercised reasonable efforts to locate the NCP; or
(ii) For sixty days after the date on which DCS received an acknowledgment of paternity for the child for whom the state has assumed responsibility, and paternity has not been established.
(5) The limitation in subsection (4) does not apply to:
(a) Cases in which the physical custodian is claiming good cause for not cooperating with the department; and
(b) Cases where parentage is an issue and:
(i) Has not been established by superior court order; or
(ii) Is not the subject of a presumption under RCW 26.26.040 (1)(a) or (e).
(6) DCS considers a prorated share of each monthly public assistance payment as paid on each day of the month.
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(1) A noncustodial parent (NCP) who objects to a notice and finding of financial, parental, or medical responsibility has the burden of establishing defenses to liability. Defenses include, but are not limited to:
(a) Proof of payment;
(b) The existence of a superior court or administrative order that sets the NCP's support obligation or specifically relieves the NCP of a support obligation for the child(ren) named in the notice;
(c) The party is not a responsible parent as defined by RCW 74.20A.020(7);
(d) The amount requested in the notice is inconsistent with the Washington state child support schedule, Chapter 26.19 RCW;
(e) Equitable estoppel, subject to WAC 388-14A-6500; or
(f) Any other matter constituting an avoidance or affirmative defense.
(2) A dependent child's or a custodial parent's ineligibility to receive public assistance is not a defense to the assessment of a support obligation.
(3) An NCP may be excused from providing support for a dependent child receiving public assistance under chapter 74.12 RCW if the NCP is the legal custodian of the child and has been wrongfully deprived of physical custody of the child. The NCP may be excused only for any period during which the NCP was wrongfully deprived of custody. The NCP must establish that:
(a) A court of competent jurisdiction of any state has entered an order giving legal and physical custody of the child to the NCP;
(b) The custody order has not been modified, superseded, or dismissed;
(c) The child was taken or enticed from the NCP's physical custody and the NCP has not subsequently assented to deprivation. Proof of enticement requires more than a showing that the child is allowed to live without certain restrictions the NCP would impose; and
(d) Within a reasonable time after deprivation, the NCP exerted and continues to exert reasonable efforts to regain physical custody of the child.
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(1) After the noncustodial parent (NCP) has been advised of the requirement to make payments to the Washington state support registry (WSSR) by service of a support establishment notice, or by entry of a support order requiring payments to WSSR, the NCP may obtain credit against the support obligation only:
(a) By cash, check, electronic funds transfer, or money order payments through WSSR or payment of health insurance premiums; or
(b) As provided under subsections (3) and (6) of this section.
(2) The division of child support (DCS) allows credit against a NCP's support debt for family needs provided directly to a custodial parent (CP), a child, or provided through a vendor or third party only when the:
(a) Items are provided before service of the notice on the NCP;
(b) NCP proves the items provided were intended to satisfy the NCP's support obligation; and
(c) Items are food, clothing, shelter, or medical attendance directly related to the care, support, and maintenance of a child.
(3) After service of the notice, an NCP may obtain credit against the parent's current support obligation only when the NCP proves that the payments were made and:
(a) DCS determines there:
(i) Is no prejudice to:
(A) The CP, a child, or other person; or
(B) An agency entitled to receive the support payments.
(ii) Are special circumstances of an equitable nature justifying credit for payments; or
(b) A court of competent jurisdiction determines credit should be granted after a hearing where all interested parties were given an opportunity to be heard.
(4) DCS does not allow credit for shelter payments made before service of the notice in an amount more than the greater of the:
(a) Shelter allocation in the public assistance standards for the period when payments were made; or
(b) One-half of the actual shelter payment.
(5) DCS does not allow credit for shelter payments made after service of the notice.
(6) DCS applies credits for dependent benefits allowed under RCW 26.19.190 as required by WAC 388-14A-4200.
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(1) There are two kinds of limitations based on your income when we set your child support obligation:
(a) The monthly support amount cannot exceed forty-five percent of your monthly net income, unless there are special circumstances as provided in chapter 26.19 RCW; and
(b) The monthly support amount cannot reduce your net monthly income below the one person need standard (WAC 388-478-0015), unless there are special circumstances as provided in chapter 26.19 RCW.
(2) RCW 74.20A.090 limits the amount that can be withheld from your wages for child support to fifty percent of your net monthly earnings.
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(1) A person with a right to a hearing under this chapter may file a 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 division of child support (DCS) receives the request.
(2) Filing a request for a late hearing does not stop:
(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 must 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.
(b) If the administrative law judge (ALJ) finds good cause for filing a late hearing request, the ALJ:
(i) Issues a decision on the merits of the objection to the notice; and
(ii) Considers whether to order a stay of collection activities until such time as an initial decision or a temporary order under WAC 388-14A-3850(ff) is issued. Upon request, the ALJ must, based on the evidence presented at hearing, issue an order under WAC 388-14A-3850(ff), setting or denying temporary support pending the initial decision.
(c) If the ALJ does not find good cause for filing a late hearing request, the 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 ALJ finds good cause for filing a late hearing request, the division of child support (DCS) does not refund any excess moneys collected prior to the finding of good cause. The 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 custodial parent (CP) against a debt owed to the department; or
(c) Offset an overpayment of the obligation to the department against a debt owed to the CP.
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(1) 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 388-14A-3925; and
(c) Petition to vacate the settlement or consent order under WAC 388-14A-3700. However, the ALJ may only vacate a settlement or consent order 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.
[]
(1) If a party fails to appear at a hearing, the 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 388-14A-3131, 388-14A-3132, or 388-14A-3140.
(2) The ALJ must state in the decision that, the:
(a) Support debt and the current support obligation stated in the notice are assessed, determined, and subject to collection action;
(b) Health insurance provisions of the notice are subject to direct enforcement action; and,
(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 or chapter 388-02 WAC.
(4) Any party against whom the 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.
(5) DCS must:
(a) Request that the office of administrative hearings (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. OAH must send the notice to the last known address of the party.
(6) If, in a hearing under this section, the ALJ finds that the petitioner has good cause for vacating the default order, the 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 parent originally objected to.
(7) The ALJ must apply civil rule 60 to determine whether the petitioner has good cause. 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.
[]
(1) A support order entered by a superior court or tribal court may be modified only by the court that entered the order. If the order specifically states how the amount of support may be adjusted, the division of child support (DCS) may bring an administrative action under RCW 26.23.110.
(2) As provided in WAC 388-14A-3925, DCS may review any support order to determine whether DCS should petition to modify the support provisions of the order.
(3) Either DCS, the CP or the NCP may petition to modify an administrative order under WAC 388-14A-3925.
(4) Under appropriate circumstances, an administrative support order may be vacated. See WAC 388-14A-3700.
[]
(1) A noncustodial parent's obligation to pay support under an administrative order continues until:
(a) the order is superseded by a superior court order;
(b) the order is modified under WAC 388-14A-3925;
(c) The child reaches eighteen years of age;
(d) The child is emancipated;
(e) The child is married;
(f) The child becomes a member of the United States armed forces;
(g) The child or the responsible parent die;
(h) A responsible stepparent's marriage is dissolved; or
(i) A superior court order terminates the responsible parent's liability as provided under RCW 26.16.205.
(2) As an exception to the above rule, a noncustodial parent's obligation to pay support under an administrative order continues and/or may be established for a dependent child who is:
(a) Under nineteen years of age; and
(b) A full-time student reasonably expected to complete a program of secondary school or the equivalent level of vocational or technical training before the end of the month in which the student becomes nineteen years of age.
(3) A noncustodial parent's obligation to pay support under an administrative order may be temporarily suspended when the:
(a) Noncustodial parent (NCP) resides with the child for whom support is sought for purposes other than visitation;
(b) NCP reconciles with the child and the custodial parent; or
(c) Child returns to the residence of the NCP from a foster care placement, for purposes other than visitation.
(4) When the NCP's obligation to pay current support on a case is suspended under subsection (3) of this section, the division of child support (DCS) informs the NCP that the obligation is suspended, in writing, sent by regular mail to the NCP's last known address.
(5) If circumstances causing an NCP's support obligation to be temporarily suspended change, the support obligation resumes. DCS sends the NCP a notice that the obligation to make current support payments has resumed.
[]
(1) When the division of child support (DCS) is providing support enforcement services under Title IV-D of the Social Security Act, DCS must:
(a) Review a superior court or administrative order for child support to determine whether DCS will petition to modify the child support provisions of the order; or
(b) Evaluate an interstate case to determine whether to refer the case to another state for review of the support order for modification.
(2) Recipients of payment services only under WAC 388-14A-2000(1), are not eligible for a review of their support order under this section until they have submitted an application for support enforcement services.
(3) DCS reviews orders for child support under subsection (1) of this section when:
(a) DCS has enough locate information to obtain personal service on both parties to the order; and
(b) The department is paying public assistance or has determined that the children are eligible for medical assistance, and thirty-five months have passed since:
(i) DCS last reviewed the order under this section;
(ii) The order was last modified; or
(iii) The order was entered; or
(c) A party to the order, or another state's IV-D agency submits a request for review to DCS and thirty-five months have passed since:
(i) DCS or another state's IV-D agency last reviewed the order under this section;
(ii) The order was last modified; or
(iii) The order was entered.
(4) DCS may refer a request for review to another state's IV-D agency for action.
(5) DCS must:
(a) Notify recipients of support enforcement services, that the review and modification process is available; and
(b) Send notice of a pending review by regular mail to the last known address of the parties to the order thirty days before the review. The notice explains the parties':
(i) Rights in the review and modification process; and
(ii) Responsibility to submit:
(A) Completed Washington state child support schedule worksheets; and
(B) Income verification as required by the Washington state child support schedule, chapter 26.19 RCW.
(6) During the thirty days before conducting the review, DCS uses all appropriate procedures to obtain up to date income and asset information.
(7) Under this section, DCS petitions to modify the order when DCS finds during the review that each of the following conditions are present:
(a) The proposed change in child support based on the Washington state child support schedule:
(i) Is at least twenty-five percent above or below the current support obligation;
(ii) Is at least one hundred dollars per month above or below the current support obligation; and
(iii) Is at least a two thousand four hundred dollar change over the remaining life of the support order; or
(iv) Will provide enough income to:
(A) Make the family ineligible for public assistance if the noncustodial parent (NCP) pays the full amount due under the proposed order; or
(B) Allow a family, otherwise eligible for public assistance, to remain off of assistance.
(b) The case meets the legal requirements for modification under RCW 26.09.170, 74.20A.059, or WAC 388-14A-3925.
(8) DCS may petition to modify the order without regard to subsection (7)(a) of this section when:
(a) The order does not require the NCP to provide health insurance coverage for the children; and
(b) Health insurance coverage is available through the NCP's employer or union at a reasonable cost; or
(c) Both parties agree to an order modifying the support amount.
(9) DCS notifies the parties of:
(a) The findings of the review by regular mail at the parties' last known address;
(b) The parties' right to challenge the review findings; and
(c) The appropriate forum and procedure for challenging the review findings.
(10) Except as provided under subsection (12) of this section, a party to the review process may contest DCS's review findings by requesting a modification conference within thirty days of the date of the notice of review findings.
(11) The modification conference is conducted by:
(a) DCS when the review findings indicate that the case is not appropriate for DCS to petition for modification under subsection (7) or (8) of this section;
(b) The county prosecutor, or the attorney general's office when DCS has referred the case to the prosecutor or attorney general's office as a result of a review conducted under this section.
(12) When DCS has petitioned for modification of:
(a) A superior court order, the prosecutor or attorney general's office may, in their discretion, allow the parties to contest the review findings in the modification proceeding, rather than a modification conference. The modification proceeding is the sole means to contest the review findings.
(b) An administrative order, the parties may contest the review findings in the modification proceeding. In this case, the modification proceeding is the sole means to contest the review findings.
(13) In a modification conference, DCS the prosecutor, or the attorney general's office:
(a) Review all available income and asset information to determine if the review findings are correct; and
(b) Advise the parties of the results of the modification conference.
(14) A modification conference is not an adjudicative proceeding under the administrative procedure act, chapter 34.05 RCW.
(15) This section does not limit the right of any party to petition for a modification of the support order independent from the review and modification process.
(16) DCS does not review an order under this section when the CSO has notified DCS that the custodial parent (CP) has claimed good cause under WAC 388-422-0021, unless the CP requests the review.
(17) The CP's refusal to accept a proposed agreed order modifying support does not constitute noncooperation for the purpose of WAC 388-14A-2075.
(18) DCS applies the Washington state child support schedule when reviewing support orders under this section. All deviations available under chapter 26.19 RCW are available in the review and modification process under this section.
(19) For the purpose of this section, the term "party" means party to a superior court order, a noncustodial parent or a custodial parent entitled to petition for modification under RCW 74.20A.059.
[]
(1) The division of child support (DCS), the custodial parent (CP) or the noncustodial parent (NCP) may request a hearing to prospectively modify the NCP's obligation under a support establishment notice. The request must be in writing and must state:
(a) Any circumstances that have changed; and
(b) The proposed new support amount.
(2) The petitioning party must file the request for modification with DCS.
(3) DCS serves a copy of the request for modification and notice of hearing on all other parties:
(a) By first class mail, if the parties have been advised in a court or administrative order of the requirement to keep DCS advised of their addresses; or
(b) By certified mail, return receipt request or personal service if the support order does not contain a requirement to advise DCS of their address.
(4) DCS, the administrative law judge (ALJ), or the department review judge:
(a) Prospectively modifies orders according to the terms of chapter 26.19 RCW and RCW 74.20A.059; and
(b) May only modify an order issued by a tribunal in another state according to the terms of RCW 26.21.580.
(5) If the nonpetitioning party fails to appear at the hearing, the ALJ issues a default order based on the Washington state child support schedule and the worksheets submitted by the parties, considering the terms set out in the request for modification.
(6) If the petitioning party fails to appear at the hearing, the ALJ enters an order dismissing the petition for modification.
(6) If the petition for modification does not comply with the requirements of subsection (1)(a) and (b) of this section, the ALJ may:
(a) Dismiss the petition; or
(b) Continue the hearing to give the petitioning party time to amend according to WAC 388-14A-3275 or to complete the petition.
(7) The ALJ may set the effective date of modification as the date the order is issued, the date the request was made, or any time in between. If an effective date is not set in the order, the effective date is the date the modification order is entered.
[]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.PART D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS
NEW SECTION
WAC 388-14A-4000
When can the division of child support
take collection action against a noncustodial parent?
(1) The division of child support (DCS) is authorized to take actions enforcing and collecting support obligations by chapters 26.18, 26.23, 74.20 and 74.20A RCW.
(2) DCS may take collection action against the noncustodial parent's income and assets to collect a support debt even if the NCP is making payments under a support order, unless DCS agrees in writing to limit collection action.
(3) If the NCP fails to make the total support payment under an administrative order when it is due:
(a) The entire support debt becomes due in full; and
(b) The portion of the administrative order requiring periodic payments on the support debt is automatically vacated without modifying the order.
[]
(1) Once a noncustodial parent (NCP) fails to make payments when due, an administrative law judge may not stop collection action by DCS.
(2) The NCP may contest collection action by:
(a) Filing an action in superior court under RCW 74.20A.200 or other applicable statutes; or
(b) Requesting a conference board under WAC 388-14A-6400.
[]
The division of child support (DCS) uses many tools to enforce support obligations. These include, but are not limited to:
(1) Payroll deduction notice under RCW 26.23.060;
(2) Order to withhold and deliver under RCW 74.20A.080;
(3) Wage assignment;
(4) License suspension (see WAC 388-14A-4500);
(5) The DCS most wanted Internet site (see WAC 388-14A-4600);
(6) Federal income tax offset;
(7) Asset seizure;
(8) Liens;
(9) Medical insurance enrollment.
[]
(1) The division of child support (DCS) uses a payroll deduction, order to withhold and deliver or wage assignment to collect support when the noncustodial parent (NCP) has a source of income.
(2) When an NCP does not have an identifiable employer or source of income, DCS uses any or all of the collection remedies available under chapters 26.23, 74.20 and 74.20A RCW.
[]
(1) An employer, or any other person, firm, corporation or political subdivision, or any department of the state or federal government may agree with the division of child support (DCS) to accept electronic data transmission (EDT) as service of the following documents:
(a) Notice of payroll deduction under RCW 26.23.060;
(b) Order to withhold and deliver under RCW 74.20A.080;
(c) Assignment of earnings under RCW 74.20A.240;
(d) Releases of any of these collection documents; and
(e) Amendments in the amount to be withheld under any of these collection documents.
(2) Agreements for service by EDT must be in writing. The employer, person, firm, corporation, political subdivision or department must agree to accept EDT as:
(a) Personal service of the withholding documents; and
(b) A written document for the purposes of chapters 26.23 and 74.20A RCW.
(3) DCS provides the party accepting EDT with copies of the current forms listed in subsection (2) above, as well as any updates to those forms. If DCS fails to provide an updated form, this does not excuse noncompliance with withholding documents served under the EDT agreement.
(4) An agreement to accept service by EDT does not alter the rights, duties and responsibilities related to income withholding action under chapters 26.23, 74.20 or 74.20A.
[]
(1) If a child support order requires the noncustodial parent (NCP) to provide health insurance for the children, the division of child support (DCS) attempts to enforce that requirement according to the terms of the order.
(2) Unless the support order specifies differently, an NCP is obligated to provide health insurance for dependent children if coverage is:
(a) Available or becomes available through the NCP's employment or union; and
(b) Available at a cost of not greater than twenty-five per cent of the NCP's basic support obligation.
(3) DCS serves a notice of intent to enforce a health insurance obligation if the support order:
(a) Requires the NCP either to provide health insurance coverage or prove that coverage is not available; and
(b) Does not inform the NCP that failure to provide health insurance or prove it is not available may result in enforcement of the order without notice to the NCP.
(4) DCS serves the notice of intent to enforce a health insurance obligation on the NCP by certified mail, return receipt requested, or by personal service.
(5) The notice advises the NCP that the NCP must submit proof of coverage, proof that coverage is not available, or proof that the NCP has applied for coverage, within twenty days of the date:
(a) Of service of the notice; or
(b) When health insurance coverage becomes available through the NCP's employer or union.
[]
(1) Once an administrative support order is entered requiring health insurance, the noncustodial parent (NCP) must take the following actions within twenty days:
(a) Provide health insurance coverage;
(b) Provide proof of coverage to the division of child support (DCS), such as:
(i) The name of the insurer providing the health insurance coverage;
(ii) The names of the beneficiaries covered;
(iii) The policy number;
(iv) That coverage is current; and
(v) The name and address of the NCP's employer.
(2) If health insurance coverage is not immediately available, the NCP must provide for coverage during the next open enrollment period and then submit proof of coverage as outlined in (1)(b) above.
(3) Medical assistance provided by the department under chapter 74.09 RCW does not substitute for medical insurance.
(4) A child's enrollment in Indian health services satisfies the requirements of this section.
[]
(1) Some support orders reduce the noncustodial parent's support obligation based on health insurance premiums paid by the NCP.
(2) An NCP is entitled to the reduction for premiums paid only if:
(a) NCP submits proof of coverage as provided in WAC 388-14A-4110 (1)(b); and
(b) NCP actually pays the required premium.
(3) If the NCP fails to submit proof or pay the premium, the division of child support (DCS) collects the NCP's adjusted basic support obligation without a reduction for health insurance premium payments.
[]
(1) The division of child support (DCS) serves a notice of enrollment to enforce a noncustodial parent's obligation to provide health insurance coverage under chapter 26.18 RCW.
(2) DCS serves the notice of enrollment on the NCP's employer or union in the same manner as a summons in a civil action, or by certified mail, return receipt requested.
(3) DCS serves the notice of enrollment without notice to the NCP when:
a court or administrative order requires the NCP to provide insurance coverage for a dependent child;
(a) The NCP fails to provide health insurance (either by not covering the child or by letting the coverage lapse) or fails to provide proof of coverage;
(b) The requirements of RCW 26.23.050 are met; and
(c) DCS has reason to believe that coverage is available through the NCP's employer or union.
(4) The notice of enrollment advises the employer or union that:
(a) The NCP is required to provide health insurance coverage for the children named in the notice;
(b) The employer or union is required to enroll the children in a health insurance plan offered by the employer or union if insurance the children can use is or will become available as provided in subsection (d) below;
(c) The employer or union must answer the notice of enrollment by completing the answer form and returning it to DCS within thirty-five days;
(d) The answer must confirm that the employer or union:
(i) Has enrolled the children in a health insurance plan which provides accessible coverage;
(ii) Will enroll the children in a health insurance plan providing accessible coverage during the next open enrollment period; or
(iii) Cannot enroll the children in a plan which provides accessible coverage, stating the specific reasons why coverage cannot be provided.
(e) The employer or union must provide:
(i) Information about the health insurance plan and policy as requested in the notice; and
(ii) Any necessary claim forms or membership cards as soon as they are available.
(f) The employer or union must withhold premiums from the NCP's net earnings if the NCP is required to pay part or all of the premiums for coverage under the health insurance plan.
(g) Noncompliance with the notice of enrollment subjects the employer or union to a fine of up to one thousand dollars under RCW 74.20A.270.
(5) DCS may take action under RCW 74.20A.270 to impose fines if the employer or union fails to comply with the terms of the notice of enrollment for each failure to comply, DCS may assess a fine of:
(a) Two hundred dollars for the first month in which the employer or union fails to comply;
(b) Three hundred dollars for the second month of noncompliance; and
(c) Five hundred dollars for the third month of noncompliance.
(d) The maximum fine based on a single notice of enrollment is one thousand dollars.
[]
(1) An employer or union who receives a notice of enrollment from the division of child support (DCS) must answer the notice within thirty-five days of receipt, as provided in WAC 388-14A-4120(4).
(2) The employer or union must enroll the children named in the notice in a health insurance plan which the employer or union offers to the noncustodial parent (NCP) and which provides coverage accessible to the children, unless the NCP's current support obligation:
(a) Equals or exceeds fifty percent of the NCP's net earnings; or
(b) Plus the amount of the insurance premium for the children named in the notice exceeds fifty percent of the NCP's net earnings.
(3) Except for the limitation in subsection (2) above, the employer or union must enroll the children named in the notice in a health insurance plan which the employer or union offers to the noncustodial parent (NCP) and which provides coverage accessible to the children:
(a) Upon receipt of the notice of enrollment;
(b) During the next enrollment period if the plan prevents immediate enrollment; or
(c) When accessible coverage becomes available, if coverage is not available at the time of the notice.
(4) If the employer or union offers more than one health insurance plan which could cover the children named in the notice, the employer or union must enroll the children in:
(a) The NCP's plan, unless accessible coverage is not available to the children under that plan; or
(b) The least expensive plan which provides accessible coverage for the children.
(5) The notice of enrollment remains in effect until:
(a) DCS withdraws the notice; or
(b) Health insurance coverage is no longer available through the employer or union.
(6) If coverage for the children is terminated, the employer or union must notify DCS within thirty days of the date coverage ends.
[]
(1) When the department of labor and industries or a self-insurer pays compensation under chapter 51.32 RCW on behalf of or on account of the child or children of a noncustodial parent (NCP), the amount of compensation the department or self-insurer pays on behalf of the child or children is treated for all purposes as if the NCP paid the compensation toward satisfaction of the NCP's child support obligations.
(2) When the social security administration pays social security disability dependency benefits, retirement benefits, or survivors insurance benefits on behalf of or on account of the child or children of an NCP who is a disabled person, a retired person, or a deceased person, the amount of benefits paid for the child or children are treated for all purposes as if the NCP paid the benefits toward the satisfaction of the NCP's child support obligation for the period for which benefits are paid.
(3) Under no circumstances does the NCP have a right to reimbursement of any compensation paid under subsection (1) or (2) of this section.
(4) The NCP gets credit only for payments made to the custodial parent or the state. The NCP does not get credit for dependent payments made to the NCP.
[]
(1) A noncustodial parent (NCP) who has paid child support under a court or administrative order and believes that daycare or special child rearing expenses were not actually incurred in the amount of the order may file an application for an administrative hearing to determine if an overpayment of at least twenty per cent has occurred and how the overpayment should be reimbursed.
(a) A petition for reimbursement may cover a twelve-month period; and
(b) The twelve-month period may be:
(i) A calendar year; or
(ii) The twelve-month period following the anniversary date of the support order; or
(iii) The twelve-month period following an adjudication under this section.
(c) Twelve-month periods under this section may not overlap.
(2) The application must be in writing and at a minimum state:
(a) The twelve-month time period to be considered;
(b) The date of the order requiring the payment of daycare or special child rearing expenses;
(c) The amounts required by the court or administrative order for day care or special child rearing expenses for that time period;
(d) The amounts actually paid by the NCP for that time period;
(e) The total amount of day care or special child rearing expenses which the NCP claims the custodial parent (CP) actually incurred for that time period;
(f) The NCP's proportionate share of the expenses actually incurred; and
(g) The amount of reimbursement for overpayment to which the NCP claims to be entitled for that time period.
(3) The division of child support (DCS) considers an application for hearing under this section to be an application for full support enforcement services if there is not already an open support enforcement case.
(4) The effective date of a hearing request is the date DCS receives the written request.
(5) DCS sends notice of a hearing under this subsection to the NCP and the CP. The NCP and the CP participate in the hearing as independent parties with the same procedural rights.
(6) The NCP has the burden of proving the amounts actually paid by the NCP under the order.
(7) The CP has the burden of proving the amounts actually incurred for day care and special child rearing expenses.
(8) The CP is not required to provide the address of the day care provider unless the administrative law judge (ALJ) finds that the information may be disclosed under the standards set forth in WAC 388-14A-2105 for the disclosure of the address of the CP.
(9) If the NCP fails to appear for the hearing, upon proof of service of the notice of hearing the ALJ issues an order of default against the NCP and dismisses the petition for reimbursement.
(10) If the CP fails to appear for the hearing, upon proof of service of the notice of hearing the ALJ issues an order of default against the CP and holds a hearing on the merits of the petition for reimbursement.
(11) A hearing under this subsection is for the limited purpose of determining whether the amount paid by the NCP exceeds the NCP's proportionate share of the amount actually incurred for day care and special child rearing expenses.
(a) If the ALJ determines that the overpayment amounts to twenty percent or more of the NCP's share of annual day care and special child rearing expenses, the ALJ enters an order stating:
(i) The twelve-month time period in question;
(ii) The amount of the overpayment; and
(iii) The method by which the overpayment shall be reimbursed by the CP.
(b) If the ALJ determines that the overpayment amounts to less than twenty percent of the NCP's share of annual day care and child rearing expenses, the ALJ enters an order stating:
(i) Whether the NCP has overpaid or underpaid the day care and special child rearing expenses;
(ii) If an overpayment has occurred, by what percentage of the annual proportionate share; and
(iii) That reimbursement under this section is denied for that twelve-month period.
(12) Any ordered overpayment reimbursement may be applied an as offset to any nonassistance child support arrearages owed by the NCP on that case only. If there are no nonassistance arrearages owed on the case, the reimbursement must be:
(a) In the form of a credit against the NCP's future child support obligation:
(i) Spread equally over a twelve-month period commencing the month after the administrative order becomes final; or
(ii) When the future support obligation will terminate under the terms of the order in less than twelve months, spread equally over the life of the order; or
(iii) With the consent of the CP, in the form of a direct reimbursement by the CP to the NCP.
(13) The NCP may not pay more than his or her proportionate share of day care or other special child rearing expenses in advance and then deduct the overpayment from future support transfer payments unless:
(a) Specifically agreed to by the CP; and
(b) Specifically agreed to in writing by DCS for periods when the CP or the dependent child receives public assistance.
(14) This section applies only to amounts paid during the twelve-month period ending May 31, 1996 or later.
[]
(1) RCW 74.20A.320 provides that, in some circumstances, the division of child support (DCS) may certify a noncustodial parent (NCP) as someone who is not in compliance with a child support order. The statute calls the NCP the responsible parent.
(a) "Certify" means to establish that the NCP is not in compliance with a child support order and to ask the department of licensing and other state licensing entities to take appropriate action against licenses held by the NCP.
(b) "Responsible parent" is defined in 388-14A-1020. The responsible parent is also called the "noncustodial parent."
(2) "Noncompliance with a child support order" is defined in RCW 74.20A.020(18) and in WAC 388-14A-4510.
(3) When DCS certifies the NCP, the department of licensing or other licensing entities take action to deny, suspend, or refuse to renew the NCP's license, according to the terms of RCW 74.20A.320 (8) and (12).
(4) This section and sections WAC 388-14A-4505 through 388-14A-4530 cover the DCS license suspension program.
(5) DCS may certify An NCP who is not in compliance with a child support order to the department of licensing or any appropriate licensing entity. In determining which licensing entity receives the certification, DCS shall consider:
(a) The number and kind of licenses held by the parent; and
(b) The effect that suspension of a particular license will have in motivating the parent to pay support or to contact DCS to make appropriate arrangements for other relief.
(6) DCS may certify a parent to any licensing agency through which it believes the parent has obtained a license. DCS may certify a parent to as many licensing agencies as DCS feels necessary to accomplish the goals of the license suspension program.
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(1) Before certifying a noncustodial parent (NCP) for noncompliance, the division of child support (DCS) must serve the NCP with a notice of noncompliance and intent to suspend licenses. This notice tells the NCP that DCS intends to submit the NCP's name to the department of licensing and any other appropriate licensing entity as a licensee who is not in compliance with a child support order.
(2) The notice must be served by certified mail, return receipt requested. If DCS is unable to serve the notice by certified mail, DCS must serve the notice by personal service, as provided in RCW 4.28.080.
(3) The notice must include a copy of the NCP's child support order and must contain the address and phone number of the DCS office which issued the notice.
(4) The notice must contain the information required by RCW 74.20A.320(2), telling the NCP that:
(a) The NCP may request an administrative hearing, but that the hearing is limited in scope (see WAC 388-14A-4530);
(b) DCS will certify the NCP unless the NCP makes a request for hearing within twenty days of the date of service of the notice;
(c) The NCP may avoid certification by agreeing to make timely payments of current support and agreeing to a reasonable payment schedule on the support debt;
(d) Certification by DCS will result in suspension or nonrenewal of the NCP's license by the licensing entity until DCS issues a release stating that the NCP is in compliance with the child support order;
(e) Suspension of a license may affect the NCP's insurance coverage, depending on the terms of any policy;
(f) Filing a petition to modify the support obligation may stay (or put a hold on) the certification process; and
(g) Even after certification, the NCP may obtain a release from certification by complying with the support order.
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(1) The division of child support (DCS) may certify a noncustodial parent (NCP) as being in noncompliance with a child support order when:
(a) The NCP is required to pay child support under a court order or administrative order;
(b) The NCP is at least six months in arrears; and
(c) The NCP is not:
(i) In jail or prison, except if the NCP has other resources available;
(ii) A recipient of temporary assistance for needy families (TANF), Supplemental Security Income (SSI) or other exempt public assistance program; or
(iii) A WorkFirst participant who does not receive a cash grant.
(d) The NCP is not currently making payments to the Washington state support registry under a wage withholding action issued by DCS.
(2) "Noncompliance with a child support order" for the purposes of the license suspension program means a NCP has:
(a) Accumulated a support debt, also called an arrearage or arrears, totaling more than six months of child support payments;
(b) Failed to make payments pursuant to a written agreement with DCS towards a support debt in an amount that exceeds six months of payments; or
(c) Failed to make payments required by a superior court order or administrative order towards a support debt in an amount that exceeds six months of payments.
(3) There is no minimum dollar amount for the six months of arrears. The following are examples of when a NCP is at least six months in arrears:
(a) The child support order requires monthly payments of five hundred dollars. The NCP has not made a single payment since the order was entered seven months ago. This NCP is at least six months in arrears;
(b) The child support order requires monthly payments of one hundred dollars. The NCP has paid for the last few months, but owes a back debt of over six hundred dollars. This NCP is at least six months in arrears;
(c) The NCP owes a support debt according to a superior court judgment, which requires payments of one hundred dollars per month. The NCP has not made payment for eight months. This NCP is at least six months in arrears; or
(d) The child support order required monthly payments of two hundred dollars, but the child is over eighteen so no current support is owed. However, the NCP has a debt of over twelve hundred dollars. This NCP is at least six months in arrears.
(4) For the purposes of the license suspension program, a NCP is in compliance with the child support order when the amount owed in arrears is less than six months' worth of support.
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(1) DCS will stay certification action if the noncustodial parent (NCP) takes the following action within twenty days of service of the notice:
(a) Requests an administrative hearing under WAC 388-14A-4530; or
(b) Contacts DCS to negotiate a reasonable payment schedule on the arrears and agrees to make timely payments of current support.
(i) The stay for negotiation may last a maximum of thirty calendar days after the NCP contacts DCS; and
(ii) If no payment schedule has been agreed to in writing after thirty calendar days have passed, DCS may proceed with certification of noncompliance;
(iii) A reasonable payment schedule is described in WAC 388-14A-4520, below; and
(iv) The NCP may request a conference board review under WAC 388-14A-6400 if the NCP feels that DCS has not negotiated in good faith.
(2) If the NCP files a court or administrative action to modify the child support obligation, the certification action is stayed.
(3) The stay for modification action shall not exceed six months unless DCS finds good cause to extend the stay.
(4) The NCP must notify DCS that a modification proceeding is pending and must provide a copy of the motion or request for modification to DCS.
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(1) If a noncustodial parent (NCP) signs a repayment agreement, the certification action must be stayed. The NCP must agree to pay current support in a timely manner and to make regular payments on the support debt.
(2) The repayment agreement must state that If a NCP fails to make payments under the terms of the agreement, DCS may resume certification action.
(3) In setting the repayment amount, DCS must take into account the financial situation of the NCP and the needs of all children who rely on the NCP for support. The NCP must supply sufficient financial information to allow DCS to analyze and document the NCP's financial situation and requirements, including normal living expenses and emergencies.
(4) A reasonable monthly arrears payment is defined as a percentage of the NCP's "adjusted net income," which is the NCP's net monthly income minus any current support obligation. The following table sets forth the suggested monthly payments on arrears:
| Monthly adjusted net income (ANI) | Monthly arrears payment=Percentage of ANI |
| $1,000 or less | 2% |
| $1,001 to $1,200 | 3% |
| $1,201 to $1,500 | 4% |
| $1,501 to $1,900 | 5% |
| $1,901 to $2,400 | 6% |
| $2,401 to $3,000 | 7% |
| $3,001 or more | 8% |
| (a) Monthly net income | = | $1,500 |
| Current support | = | $300 |
| Adjusted net income | = | $1,200 |
| Arrears payment = 3% of ANI ($1,200) | = | $36 |
| (b) Monthly net income | = | $3,100 |
| Current support | = | $-0- |
| Adjusted net income | = | $3,100 |
| Arrears payment = 8% of ANI ($3,100) | = | $248 |
(a) Special needs children, or
(b) Uninsured medical expenses.
(7) The custodial parent and/or DCS must document any factors which make the NCP eligible for an arrears payment higher than the amount shown in the table in subsection (4). Such factors include, but are not limited to the factors listed in RCW 26.19.075 for deviation from the standard calculation for child support obligations.
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(1) After DCS has certified a noncustodial parent (NCP) to a licensing entity, the NCP may obtain a release from DCS by taking the following actions:
(a) Paying the support debt in full; or
(b) Signing a repayment agreement under WAC 388-14A-4520 and paying the first installment due under the agreement.
(2) DCS must provide a copy of the release to any licensing entity to which DCS has certified the NCP.
(3) The NCP must comply with any requirements of the licensing entity to get the license reinstated or reissued.
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(1) An administrative hearing on a notice of noncompliance under WAC 388-14A-4505 is limited to the following issues:
(a) Whether the person named in the child support order is the noncustodial parent (NCP);
(b) Whether the NCP is required to pay child support under a child support order; and
(c) Whether the NCP is at least six months in arrears.
(2) The administrative law judge (ALJ) is not required to calculate the outstanding support debt beyond determining whether the NCP is at least six months in arrears. Any debt calculation shall not be binding on the department or the NCP beyond the determination that there is at least six months' of arrearage.
(3) If the NCP requests a hearing on the notice, DCS stays the certification process until the hearing results in a finding that the NCP is not in compliance with the order, or that DCS is authorized to certify the NCP.
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(1) The division of child support (DCS) maintains the DCS most wanted Internet site in an effort to:
(a) Locate noncustodial parents in order to establish or enforce a child support obligation; and
(b) Collect unpaid child support from noncustodial parents who have a support obligation.
(2) Anyone who has information concerning a noncustodial parent (NCP) is encouraged to provide that information to DCS.
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(1) If the child's custodial parent (CP) requests DCS to post the NCP to the DCS most wanted Internet site (also called the "site"), the CP must:
(a) Give written permission to DCS to post the NCP on the site; and
(b) Provide a photograph of the NCP.
(2) Only the NCP's photograph appears on the site. If the CP submits a group photograph, DCS edits out everyone except the NCP.
(3) DCS may post an NCP to the site when:
(a) The NCP:
(i) Has made no payments in at least six months (intercepted IRS refunds are not considered to be payments for purposes of this section); and
(ii) Owes at least ten thousand dollars in back child support; or
(b) DCS has been unable to locate the NCP after trying other means for at least twelve months, and:
(i) There is a valid support order; or
(ii) There is a valid paternity affidavit filed for a child on the case, or
(iii) The NCP is:
(A) The mother of the child(ren) on the case; or
(B) The presumed father under RCW 26.26.040.
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(1) DCS mails a letter to the noncustodial parent's last known mailing address by first class mail before posting a noncustodial parent (NCP) on the site. The letter advises the NCP:
(a) Who cannot be located, to provide DCS with a current address and employer information.
(b) Who owes back support, to:
(i) Pay the back support debt in full; or
(ii) Sign a repayment agreement with DCS and make the first payment under that agreement.
(2) If the NCP does not comply within twenty days of the date on the letter, DCS may post the NCP to the site.
(3) If the NCP wishes to dispute the amount of the support debt, the NCP may request a conference board review under WAC 388-14A-6400. Such a request does not stay (stop) DCS from posting the NCP to the site.
(4) If the NCP files a court or administrative action to vacate or modify the support obligation, DCS stays the posting of the NCP to the site for up to six months. If DCS finds good cause, DCS may extend the stay.
(5) If the NCP enters into a repayment agreement, but then misses a payment under the agreement, DCS may post the NCP to the site without further notice to the NCP.
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(1) DCS must remove the noncustodial parent (NCP)from the site if:
(a) The NCP pays the back support debt in full;
(b) The NCP files a court or administrative action to modify or vacate the support obligation (subject to the limitations in WAC 388-14A-3700;
(c) The NCP enters into a repayment agreement and makes the first payment under that agreement (subject to the limitations in WAC 388-14A-4520);
(d) The CP withdraws permission for the posting.
(2) DCS may remove an NCP from the site even if the NCP has not complied with the requirements of this section.
(3) If an NCP receives a warning letter for locate purposes only, DCS must remove the NCP who provides a current address and employment information.
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(1) DCS may post to the site any information about the noncustodial parent (NCP) which may aid in locating the NCP or collecting child support from the NCP, such as:
(a) Full name and aliases;
(b) Photograph;
(c) Physical description;
(d) Birth date;
(e) Last known address;
(f) Usual occupation;
(g) Number and ages of children;
(h) Amount of back support owed; and
(i) Ongoing monthly support obligation, if any.
(2) DCS does not post the names or photographs of the CP or the children.
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PART E - DISTRIBUTION ISSUES(1) Under state and federal law, the division of child support (DCS) distributes support money it collects or receives to the:
(a) Department when the department provides or has provided public assistance payments for the support of the family;
(b) Payee under the order, or to the custodial parent (CP) of the child according to WAC 388-14A-5050;
(c) Child support enforcement agency in another state or foreign country which submitted a request for support enforcement services;
(d) Indian tribe which has a TANF program and/or a cooperative agreement regarding the delivery of child support services; or
(e) Person or entity making the payment when DCS is unable to identify the person to whom the support money is payable after making reasonable efforts to obtain identification information.
(2) If DCS is unable to distribute support money because the location of the family or person is unknown, it must exercise reasonable efforts to locate the family or person. When the family or person cannot be located, DCS handles the money in accordance with chapter 458-65 WAC, the uniform unclaimed property act rules.
(3) When distributing support money, DCS does the following:
(a) Record payments in exact amounts without rounding;
(b) Distribute support money within eight days of the date DCS receives the money, unless it is unable to distribute the payment for one or more of the following reasons:
(i) The location of the payee is unknown;
(ii) DCS does not have sufficient information to identify the accounts against which or to which it should apply the money;
(iii) An action is pending before a court or agency which has jurisdiction over the issue to determine whether support money is owed or how DCS should distribute the money.
(iv) DCS receives prepaid support money which it is holding for distribution in future months under subsection (5) of this section;
(v) DCS mails a notice of intent to distribute support money to the custodial parent (CP) under WAC 388-14A-5050;
(vi) DCS may hold funds and not issue a check to the family for amounts under one dollar. DCS must give credit for the payment, but may delay disbursement of that amount until a future payment is received which increases the amount of the payment to the family to at least one dollar. This subsection does not apply to disbursements which can be made by electronic funds transfer (EFT), or to refunds of intercepted federal income tax refunds; or
(vii) Other circumstances exist which make a proper and timely distribution of the money impossible through no fault or lack of diligence of DCS.
(c) Distribute support money based on the date DCS receives the money, except as provided under subsection (3)(g) of this section;
(d) Apply support money within each Title IV-D nonassistance case:
(i) First, to satisfy the current support obligation for the month DCS received the money;
(ii) Second, to the noncustodial parent's support debts owed to the family;
(iii) Third, to prepaid support as provided for under subsection (5) of this section.
(e) Apply support money within each Title IV-D assistance case:
(i) First, to satisfy the current support obligation for the month DCS received the money;
(ii) Second, to satisfy support debts which are permanently assigned to the department to reimburse the cumulative amount of assistance which has been paid to the family;
(iii) Third, to satisfy support debts which are temporarily assigned to the department to reimburse the cumulative amount of assistance paid to the family;
(iv) Fourth, to prepaid support as provided for under subsection (5) of this section.
(f) Apply support money within each Title IV-D former-assistance case:
(i) First, to satisfy the current support obligation for the month DCS received the money;
(ii) Second, to satisfy support debts which accrued after the family's most recent period of assistance;
(iii) Third, to satisfy support debts which are permanently assigned to the department to reimburse the cumulative amount of assistance which has been paid to the family;
(iv) Fourth, to satisfy support debts which are temporarily assigned to the department to reimburse the cumulative amount of assistance which has been paid to the family;
(v) Fifth, to satisfy support debts which exceed the cumulative amount of unreimbursed assistance which has been paid to the family;
(vi) Sixth, to prepaid support as provided for under subsection (5) of this section.
(g) Apply intercepted federal income tax refunds in accordance with 42 U.S.C. Sec. 657, as follows:
(i) First, to support debts which are permanently assigned to the department to reimburse public assistance payments; and
(ii) Second, to support debts which are temporarily assigned to the department to reimburse public assistance payments; and
(iii) Third, to support debts that are not assigned to the department; and
(iv) To support debts only, not to current and future support obligations. DCS must refund any excess to the noncustodial parent (NCP).
(h) Apply amounts to a support debt owed for one family or household and distribute the amounts accordingly, rather than make a proportionate distribution between support debts owed to different families, when:
(i) Proportionate distribution is administratively inefficient; or
(ii) The collection resulted from the sale or disposition of a specific piece of property against which a court awarded the custodial parent (CP) a judgment lien for child support; or
(iii) The collection is the result of a contempt order which provides that DCS must distribute the amounts to a particular case.
(i) Report amounts distributed to a family, receiving public assistance, to the community services office. This requirement does not relieve the recipient of the duty to report receipt of support money.
(4) Except as provided in subsection (3)(g) of this section, when the NCP has more than one Title IV-D case, DCS distributes support money:
(a) First, to the current support obligation on each Title IV-D case, in proportion to the amount of the current support order on each case; and
(b) Second, to the total of the support debts whether owed to the family or to the department for the reimbursement of public assistance on each Title IV-D case, in proportion to the amount of support debt owed by the NCP on each case; and
(c) Third, after distribution under subsection (3)(d)(ii) of this section, within each Title IV-D case according to subsection (3)(e) of this section.
(5) If DCS receives or collects support money representing payment on the required support obligation for future months, it must:
(a) Apply the support money to future months when the support debt is paid in full;
(b) Distribute the support money on a monthly basis when payments become due in the future; and
(c) Mail a notice to the last known address of the person entitled to receive support money. The notice informs the person that:
(i) DCS received prepaid support money;
(ii) DCS intends to distribute the prepaid money as support payments become due in the future; and
(iii) The person may request a conference board under WAC 388-14A-6400 to determine if the prepaid support money should be immediately distributed.
(d) DCS does not mail the notice referred to in (5)(c) of this section if the prepaid support is equal to or less than one month's support obligation.
(6) DCS changes the distribution rules based on changes in federal statutes and regulations.
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(1) The division of child support (DCS) may distribute support money to a custodial parent (CP) who is not the payee under the support order if the CP signs a sworn statement that:
(a) The CP has physical custody of and is caring for the child; and
(b) the CP is not wrongfully depriving the payee of physical custody.
(2) Before DCS begins distributing support money to a CP who is not the payee under the support order, it sends the payee under the support order and the noncustodial parent (NCP) a notice of intent to distribute support money and a copy of the sworn statement of the CP to their last known addresses by first class mail. The notice states:
(a) DCS intends to distribute support money collected under the support order to the CP; and
(b) The name of the CP.
(3) DCS distributes support money to the CP when the notice of intent to distribute support money becomes final.
(a) A notice of intent to distribute support money served in the state of Washington becomes final unless the payee under the support order, within twenty days of the date of mailing of the notice, files a request with DCS for a hearing under subsection (4) of this section. The effective date of a hearing request is the date DCS receives the request.
(b) A notice of intent to distribute support money served in another state becomes final according to WAC 388-14A-7200.
(4) A hearing on a notice of intent to distribute support money is for the limited purpose of resolving who is entitled to receive the support money.
(5) A copy of the notice of any hearing scheduled under this section must be mailed to the alleged CP at the CP's last known address. The notice advises the CP of the right to participate in the proceeding as a witness or observer.
(6) The payee under the support order may file a late hearing request on a notice of intent to distribute support money.
(a) The payee under the support order does not need to show good cause for filing a late hearing request.
(b) DCS may not reimburse the payee under the support order for amounts DCS sent to the CP before the administrative order on a late hearing request becomes final.
(7) The payee under the support order must give DCS and the CP notice of any judicial proceeding to contest a notice of intent to distribute support money.
(8) If the support order is a court order, DCS files a copy of the notice of intent to distribute support money or the final administrative order entered on a notice of intent to distribute support money with the clerk of the court where the support order was entered.
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(1) The division of child support (DCS) mails a distribution notice once each month, or more often, to the last known address of a person for whom it received support during the month, except as provided under subsection (6) of this section.
(2) DCS includes the following information in the notice:
(a) The amount of support money DCS received and the date of collection;
(b) A description of how DCS allocated the support money between current support and the support debt; and
(d) The amount DCS claims as reimbursement for public assistance paid, if applicable.
(3) The person to whom a distribution notice is sent may file a request for a hearing under subsection (4) of this section within ninety days of the date of the notice to contest how DCS distributed the support money, and must make specific objections to the distribution notice. The effective date of a hearing request is the date DCS receives the request.
(4) A hearing under this section is for the limited purpose of determining if DCS correctly distributed the support moneys in the contested notice.
(5) A person who requests a late hearing must show good cause.
(6) This section does not require DCS to send a notice to a recipient of payment services only.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-14A-5200
What is a "total versus total" notice?
(1) The division of child support (DCS) identifies cases needing a "total versus total" calculation, which compares amounts of public assistance paid to the assistance unit with amounts of support collected and uncollected support debt. DCS must perform a total versus total calculation upon the request of the custodial parent (CP) or a DCS field office.
(a) The total versus total calculation allocates the uncollected support debt between the state and the custodial parent, based on the amounts of public assistance paid to the family.
(b) The total versus total calculation indicates the amounts of support paid by each noncustodial parent (NCP) and how the support was distributed.
(c) DCS may at any time review a case to determine if a total versus total calculation is appropriate.
(2) When a total versus total calculation is completed at the request of the CP, DCS mails a total versus total notice to the last known address of the former assistance recipient.
(3) The person to whom a total versus total notice is sent may within ninety days of the date of the notice file a request for a conference board under WAC 388-14A-6400 to contest the distribution of support money and the allocation of uncollected support debt. The requestor must state specific objections to the total versus total notice. The effective date of a hearing request is the date DCS receives the request.
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(1) The division of child support (DCS) may serve a notice to recover a support payment on the person who received the payment when DCS:
(a) Distributed the money in error;
(b) Distributed the money based on a check that is later dishonored;
(c) Is required to refund or return the money to the person or entity that made the payment; or
(d) Distributed money under a support order that was later modified so as to create an overpayment.
(2) DCS serves a notice to recover a support payment like a summons in a civil action or by certified mail, return receipt requested.
(3) In the notice, DCS must identify the support payment DCS seeks to recover.
(4) DCS may take action to enforce the notice to recover a support payment without further notice once the notice becomes final.
(a) A notice to recover a support payment becomes final unless the person who received the payment requests a hearing under subsection (5) of this section within twenty days of service of the notice to recover a support payment in Washington. The effective date of a hearing request is the date DCS receives the request.
(b) A notice to recover a support payment may be served in another state to recover a payment disbursed by DCS under RCW 26.21.385. A notice to recover a support payment served in another state becomes final according to WAC 388-14A-7200.
(5) A hearing on a notice to recover a support payment is for the limited purpose of resolving the existence and amount of the debt DCS is entitled to recover.
(6) A person who files a late request for a hearing on a notice to recover a support payment must show good cause.
(7) In nonassistance cases and payment services only cases, DCS may recover a support payment under a final administrative order on a notice to recover a support payment by retaining ten percent of current support and one hundred percent of amounts collected on arrears in addition to any other remedy authorized by law.
(8) If a public assistance recipient receives a support payment directly from a noncustodial parent (NCP) and fails to remit it to DCS as required, DCS recovers the money as retained support under WAC 388-14A-5500.
(9) DCS may enforce the notice to recover a support payment as provided in subsection (7), or may act according to RCW 74.20A.270 as deemed appropriate.
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(1) The division of child support (DCS) mails a debt adjustment notice to the payee under a court order within thirty days of the date DCS reduces the amount of the court-ordered support debt it intends to collect if that reduction was due to:
(a) A mathematical error in the debt calculation;
(b) A clerical error in the stated debt;
(c) Proof the support obligation should have been suspended for all or part of the time period involved in the calculation; or
(d) Proof the noncustodial parent (NCP) made payments that had not previously been credited against the support debt.
(2) The debt adjustment notice must contain the following information:
(a) The amount of the reduction;
(b) The reason DCS reduced the support debt, as provided under subsection (1) of this section;
(c) The name of the NCP and a statement that the NCP may attend and participate as an independent party in any hearing requested by the payee under this section; and
(d) A statement that DCS continues to provide support enforcement services whether or not the payee objects to the debt adjustment notice.
(3) A debt adjustment notice served in Washington becomes final unless the payee, within twenty days of service of the notice in Washington, files a request with DCS for a hearing under subsection (4) of this section. The effective date of a hearing request is the date DCS receives the request.
(4) A debt adjustment notice served in another state becomes final according to WAC 388-14A-7200.
(5) A hearing under this section is for the limited purpose of determining if DCS correctly reduced the support debt as stated in the notice of debt adjustment.
(5) A payee who requests a late hearing must show good cause for filing a late hearing request if it is filed more than one year after the date of the notice of debt adjustment.
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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 388-14A-5500
How does the division of child support
collect support debts owed by someone other than a noncustodial
parent?
(1) Sections 17 and 18, chapter 171, Laws of 1979 ex. sess. (RCW 74.20.320 and 74.20A.270), provide that a custodian of children or other person who receives support moneys which moneys were paid, in whole or in part, in satisfaction of a support obligation owing to the department pursuant to 42 U.S.C. 602 (a)(26)(A), sections 17 and 22, chapter 171, Laws of 1979 ex. sess., or RCW 74.20A.030 has a duty to remit that money to the division of child support (DCS) within eight days of receipt, and is indebted to the department in an amount equal to the amount of the support money received and not remitted.
(2) By not remitting support moneys described in subsection (1) of this section, a custodial parent (CP) or other person is deemed, without the necessity of signing any document, to have made an irrevocable assignment to the department of an equal amount of any support delinquency not already assigned to the department, but owing to the CP or other person, or an equal amount of any support delinquencies which may accrue in the future. DCS is authorized to utilize the collection procedures of chapter 74.20A RCW to collect this assigned delinquency, to satisfy the debt owed under subsection (1) of this section by the CP or other person.
(3) DCS may also make a set-off to pay the debt under subsection (1) of this section from support moneys in its possession or in the possession of a county clerk or other forwarding agent if that money was paid to satisfy a support delinquency.
(4) DCS may take action alternatively or simultaneously under subsections (1), (2) and (3) of this section but in no event may the department recoup and retain more moneys than the debt described under subsection (1) of this section, refunding the excess, without deduction of fees, to the CP.
(5) The CP or other person must be given an accounting of actions taken under subsections (2) or (3) of this section.
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The Division of Child Support (DCS) serves a notice of retained support debt setting forth:
(1) The amount of support moneys claimed by the department as property of the department by assignment, subrogation or by operation of law or legal process under chapter 74.20A RCW;
(2) The legal basis for the claim of ownership by the department;
(3) A description of the person, firm, corporation, association, or political subdivision who is or has been in possession of the support moneys together with sufficient detail to enable identification of the moneys in issue;
(4) A statement that, effective with the date of service of the notice, all moneys not yet disbursed or spent and all like moneys to be received in the future are deemed to be impounded and shall be held in trust pending answer to the notice and any hearing which is requested;
(5) A statement that the notice must be answered, under oath and in writing, within twenty days of the date of service of the notice;
(6) A statement that the answer to the notice must include true answers to the questions in the notice and must either acknowledge the department's right to the moneys or request an administrative hearing to determine ownership of the moneys in issue;
(7) A statement that the burden of proof in a hearing on a notice of retained support debt under this section is on the department to establish ownership of the support moneys claimed;
(8) A statement that, if the person, firm, corporation, association, or political subdivision or officer or agent thereof does not answer and/or make a request for hearing in a timely manner, the department's claim will be assessed and determined and subject to collection action as a support debt pursuant to chapter 74.20A RCW; and
(9) A statement that a support debt, as assessed and determined, is subject to collection action and that the property of the debtor, without further advance notice or hearing, is subject to lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver to satisfy the debt: Provided, That no collection action may be taken against a recipient of public assistance during the period of time the recipient remains on assistance except as provided in RCW 74.20A.270 and WAC 388-14A-2040.
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The division of child support (DCS) serves the notice of retained support debt on the person, firm, corporation, association, or political subdivision or any officer or agent thereof in the manner prescribed for the service of a summons in a civil action, or by certified mail, return receipt requested. The receipt is prima facie evidence of service.
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(1) After service of a notice of retained support debt under WAC 388-14A-5510, if the person, firm, corporation, association, or political subdivision or any officer or agent thereof fails to answer, in a timely manner, the claim of the department is final and subject to collection action as a support debt pursuant to chapter 74.20A RCW.
(2) To be timely, a hearing request or response must be received by the division of child support within twenty days of service of the notice.
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(1) Any debtor who objects to all or any part of a notice of retained support debt may, within twenty days from the date of service of the notice, file an application for an administrative hearing. An objection under this section is considered to be a general denial of liability to the department.
(2) The notice of retained support debt does not become final until there is a final administrative order.
(3) If the objection is timely, the department serves the notice of hearing on the appellant or the appellant's representative by certified mail or another method showing proof of receipt.
(4) The department must notify the appellant that it is the appellant's responsibility to notify the department of the appellant's mailing address at the time the application is filed and also of any change of address after filing the application. Mailing by certified mail, return receipt requested, to the last address provided by the appellant constitutes service under chapters 74.20A and 34.05 RCW.
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(1) An administrative hearing on a notice of retained support debt is limited to the determination of the ownership of the moneys claimed in the notice and/or the reasonableness of a repayment agreement offered to a public assistance recipient for the purpose of recovering child support under RCW 74.20A.270 and WAC 388-14A-5505.
(2) The department has the burden of proof to establish ownership of the support moneys claimed, including but not limited to moneys not yet disbursed or spent.
(3) The administrative law judge (ALJ) must allow the division of child support (DCS) to orally amend the CP notice of support debt at the hearing to conform to the evidence. The ALJ may grant a continuance, if necessary, to allow the debtor additional time to present rebutting evidence and/or argument as to the amendment.
(4) The ALJ serves a copy of the initial decision on DCS and the debtor or the debtor's representative by certified mail to the last address provided by each party or by another method showing proof of receipt.
(5) If the debtor fails to appear at the hearing, the ALJ, upon a showing of valid service, enters an initial decision and order declaring the amount of the support moneys, as claimed in the notice, to be assessed and determined and subject to collection action under chapter 74.20A RCW.
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(1) Within one year from the date a notice of retained support debt was served, the person, firm, corporation, association, political subdivision or any officer or agent thereof may petition the division of child support (DCS) for a hearing, upon a showing of any of the grounds enumerated in RCW 4.72.010 or CR 60.
(2) A copy of the objection must be served by certified mail, return receipt requested, or by service in the manner of a summons in a civil action on the district field office of DCS.
(3) The filing of the petition does not stay any collection action being taken, but the debtor may petition the secretary or the secretary's designee for an order staying collection action pending final decision of the secretary or the secretary's designee or the courts on an appeal made under chapter 34.05 RCW.
(4) Any moneys held and/or taken by collection action prior to the date of any such stay and any support moneys claimed by the department, including moneys to be received in the future, to which the department may have a claim, must beheld in trust pending the final decision and appeal, if any, to be disbursed in accordance with the final decision.
(5) If a petition for a hearing is filed, the department serves the notice of hearing on the appellant, the appellant's attorney, or other designated representative by certified mail or other method showing proof of receipt.
(6) The department notifies the appellant that it is the appellant's responsibility to notify the department of the appellant's mailing address at the time the petition is filed and also of any change of address after filing the petition. Mailing by certified mail, return receipt requested, to the last address provided by the appellant constitutes service under chapters 74.20A and 34.05 RCW.
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(1) The division of child support (DCS) may take action under chapter 74.20A RCW to collect debts determined under WAC 388-14A-5505.
(2) DCS may take action to assess the debt but may not take collection action under chapter 74.20A RCW and this chapter while a public assistance recipient receives a cash grant.
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If you answer the notice of support debt acknowledging that the department owns the support payments in issue, the division of child support (DCS) is authorized to take collection action pursuant to chapter 74.20A RCW if you fail to pay the debt within twenty-one days of the date DCS receives the answer.
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PART F - HEARINGS AND CONFERENCE BOARDS(1) Hearings under this chapter are governed by:
(a) The Administrative Procedure Act, chapter 34.05 RCW, RCW 74.20A.055; and
(b) Chapter 388-02 WAC (which replaces chapter 388-08 WAC in late 2000).
(2) If any provision in this chapter conflicts with or is inconsistent with chapter 388-02 WAC, the provision in this chapter governs.
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(1) Except for the instances listed in subsection (8), the division of child support (DCS) accepts either a written or an oral request for hearing or conference board, even though other sections of this chapter or the relevant statutes may provide that objections and hearing requests should be in writing.
(2) The subject matter of the objection determines whether the matter is set as a conference board or hearing, unless there is a specific request for an administrative hearing under chapter 34.05 RCW.
(3) DCS processes oral and written requests for hearing in the same manner.
(4) An oral request for hearing is complete if it contains sufficient information to identify the person making the request, the DCS action, and the case or cases involved in the hearing request.
(5) The effective date of an oral request for hearing is the date that a complete oral request for hearing is communicated to any DCS representative in person or by leaving a message on the automated voice mail system of any DCS field office.
(6) When making an oral request, you are not required to specify whether you want a hearing under chapter 34.05 RCW or a conference board under WAC 388-14A-6400.
(7) You can make an oral request for hearing or conference board on behalf of another person, if you have written authorization to act on their behalf. The effective date of an oral request for hearing or conference board made on behalf of another person is the date that DCS receives the written authorization.
(8) There are two types of hearing request which must be in writing:
(a) A petition for prospective modification under WAC 388-14A-3925; and
(b) A petition for reimbursement for day care expenses under WAC 388-14A-4300.
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(1) If the division of child support (DCS) takes collection action against a bank account, safe deposit box, or other property held by a bank, credit union or savings and loan, the noncustodial parent (NCP) or the joint owner of record of the bank account, safe deposit box or other property may contest the action in a hearing.
(2) The effective date of a hearing request or objection is the date DCS receives the request.
(3) The NCP or the joint owner must file the objection within twenty days of the date DCS mailed a copy of the order to withhold and deliver to the NCP's last known address.
(4) The NCP or joint owner of record must state in the objection the facts supporting the allegation by the NCP or the joint owner that the funds or property, or a portion of the funds or property, are exempt from satisfaction of the NCP's child support obligation.
(5) If either the NCP or the joint owner of record objects to the collection action, DCS schedules a hearing solely for the purpose of determining whether or not one of the following exemptions applies to the funds in the bank account, or to the other property attached by the order to withhold and deliver:
(a) Pursuant to RCW 26.16.200 and 74.20A.120, the property or funds in the community bank account, joint bank account, or safe deposit box, or a portion of the property or funds which can be identified as the earnings of the NCP's spouse who does not owe a support obligation to the NCP's child or children, are exempt from satisfaction of the child support obligation of the NCP.
(b) The funds in a bank account, or a portion of those funds which can be identified as AFDC funds, TANF funds, SSI monies, or other kinds of funds which are legally exempt from collection action; or
(c) The funds or property attached by the order to withhold and deliver which can be identified as being solely owned by the joint owner of record of the bank account or safe deposit box who does not owe a child support obligation to the child or children of the NCP, are exempt from satisfaction of the NCP's child support obligation.
(6) The person challenging the collection action has the burden of tracing the funds and proving the property or funds in the bank account, or property in a safe deposit box, are exempt from satisfaction of the NCP's child support obligation.
(7) DCS holds moneys or property withheld as a result of collection action taken against a bank account or safe deposit box and delivered to DCS at the time of an objection, pending the final administrative order or during any appeal to the courts.
(8) If the final decision of the department or courts on appeal is that DCS has caused money or property that is exempt from satisfaction of the NCP's child support obligation to be withheld by the bank or delivered to the department, DCS must:
(a) Promptly release the order to withhold and deliver; or
(b) Refund the proportionate share of the funds having been identified as being exempt. The department is not liable for any interest accrued on any moneys withheld pursuant to RCW 74.20A.080.
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(1) In hearings held under this chapter 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 (ALJ) must determine:
(a) The noncustodial parent's obligation to provide support under RCW 74.20A.057;
(b) The net monthly income of the noncustodial parent (NCP) and any custodial parent (CP);
(c) The NCP'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 NCP's share of any special child-rearing expenses;
(e) The NCP's obligation to provide medical support under RCW 26.18.170;
(f) The NCP's accrued debt and order payments thereon; and
(g) The NCP's total current and future support obligation as a sum certain and order payments thereon.
(2) The ALJ must allow the division of child support (DCS) to orally amend the notice at the hearing to conform to the evidence. The ALJ may grant a continuance, when deemed necessary, to allow the NCP and/or the CP additional time to present rebutting evidence and/or argument as to the amendment.
(3) The ALJ may not require DCS to produce or obtain information, documents, or witnesses to assist the NCP or CP in proof of defenses to liability. However, this rule does not apply to relevant, nonconfidential information or documents that DCS has in its possession.
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(1) The division of child support (DCS) provides conference boards for the resolution of complaints and problems regarding DCS cases, and for granting exceptional or extraordinary relief. A conference board is an informal review of case actions and of the circumstances of the parties and children related to a child support case.
(a) The term conference board can mean either of the following, depending on the context:
(i) The process itself, including the review and any meeting convened; or
(ii) The DCS staff who make up the panel which convenes the hearing and makes factual and legal determinations.
(b) A conference board chair is an attorney employed by DCS in the conference board unit. In accordance with section WAC 388-14A-6415, the conference board chair reviews a case, and:
(i) Issues a decision without a hearing, or
(ii) Sets a hearing to take statements from interested parties before reaching a decision.
(2) A person who disagrees with any DCS action related to establishing, enforcing or modifying a support order may ask for a conference board.
(3) DCS uses the conference board process to:
(a) Help resolve complaints and problems over agency actions;
(b) Determine when hardship in the paying parent's household, as defined in RCW 74.20A.160, justifies the release of collection action or the refund of a support payment;
(c) Set a repayment rate on a support debt; and
(d) Determine when it is appropriate to write off support debts owed to the department based on:
(i) Hardship to the paying parent or that parent's household;
(ii) Settlement by compromise of disputed claims;
(iii) Probable costs of collection in excess of the support debt; or
(iv) An error or legal defect that reduces the possibility of collection.
(4) A conference board is not a formal hearing under the administrative procedure act, chapter 34.05 RCW.
(5) A conference board does not replace any formal hearing right created by chapters 388-14A WAC, or by chapters 26.23, 74.20 or 74.20A RCW.
(6) This section and WAC 388-14A-6405 through 388-14A-6415 govern the conference board process in DCS cases.
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(1) A person may request a conference board, orally or in writing, at any division of child support (DCS) office.
(2) Oral requests for conference boards are governed by WAC 388-14A-6100.
(3) DCS may start conference board proceedings in appropriate circumstances.
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(1) An applicant for a conference board must make reasonable efforts to resolve the dispute with division of child support (DCS) staff before the conference board can act in the case.
(2) A conference board chair reviews each application to determine appropriate action:
(a) If there are questions of both law and fact or if the dispute involves only facts, the chair may schedule a conference board hearing to gather evidence;
(b) If the factual dispute would not provide a basis on which the conference board could grant relief, even if all facts were resolved in favor of the applicant, the chair may issue a decision without a hearing; or
(c) If the dispute can be resolved as a matter of law without relying upon disputed facts, the conference board chair may issue a decision without scheduling a hearing.
(3) If the conference board chair schedules a hearing, the conference board is made up of the conference board chair and staff from the DCS field office which handles the child support case, if needed.
(a) At the hearing, the conference board makes determinations of relevant disputed facts. Decisions on factual issues are made by a majority of the conference board.
(b) Decisions on issues of law are made by the conference board chair alone.
(c) The DCS worker regularly assigned to a case shall not be part of a conference board dealing with that case.
(4) The conference board chair will prepare a decision, if necessary, and provide that decision to the parties to the conference board, and to the DCS staff responsible for the case.
(5) The director of DCS, or a person designated by the director, may review conference board decisions, and may alter, amend, vacate or remand decisions that are inconsistent with Washington law or DCS policy, or are grossly unfair.
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The conference board chair has the authority to:
(1) Subpoena witnesses and documents, administer oaths and take testimony;
(2) Grant relief by setting payment plans, writing off debt owed to the department, or refunding collected money;
(3) Adjust support debts based on evidence gathered during the conference board process;
(4) Direct distribution of collected support; and
(5) Take any action consistent with Washington law and DCS policy to resolve disputes, grant relief or address issues of equity.
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(1) Equitable estoppel is available in adjudicative proceedings conducted under this chapter.
(2) When a party raises, or the facts indicate, a claim that equitable estoppel applies to a party to the proceeding, the administrative law judge (ALJ) must:
(a) Consider equitable estoppel according to the precedents set by reported Washington state appellate case law, where not contrary to public policy; and
(b) Enter findings of fact and conclusions of law sufficient to determine if the elements of equitable estoppel are met and apply.
(3) The party asserting, or benefitting from, equitable estoppel must prove each element of that defense by clear, cogent and convincing evidence.
(4) The ALJ must consider in the record whether a continuance is necessary to allow the parties to prepare to argue equitable estoppel when:
(a) A party raises equitable estoppel; or
(b) The facts presented require consideration of equitable estoppel.
(5) When the ALJ orders a continuance under subsection (4) of this section, the ALJ enters an initial decision and order for current support if:
(a) Current support is an issue in the proceeding; and
(b) The claim for current support is unaffected by the equitable estoppel defense.
(6) The defense of equitable estoppel is not available to a party to the extent that the:
(a) Party raises the defense against the department's claim for reimbursement of public assistance; and
(b) Act or representation forming the basis for an estoppel claim:
(i) Was made by a current or former public assistance recipient;
(ii) Was made on or after the effective date of the assignment of support rights; and
(iii) Purported to waive, satisfy, or discharge a support obligation assigned to the department.
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PART G - INTERSTATE ISSUES(1) A support enforcement agency, or a party to a child support order or an income-withholding order for support issued by a tribunal of another state, may register the order in this state for enforcement pursuant to chapter 26.21 RCW.
(a) The order may be registered with the superior court pursuant to RCW 26.21.490 or it may be registered with the administrative tribunal according to subsection (2) of this section, at the option of the division of child support (DCS). Either method of registration is considered valid registration.
(b) A support order or income-withholding order issued in another state is registered when the order is filed with the registering tribunal of this state.
(c) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(2) DCS must give notice to the nonregistering party when it administratively registers a support order or income-withholding order issued in another state.
(a) The notice must inform the nonregistering party:
(i) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(ii) That a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after the date of receipt by certified or registered mail or personal service of the notice given to a nonregistering party within the state and within sixty days after the date of receipt by certified or registered mail or personal service of the notice on a nonregistering party outside of the state;
(iii) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
(iv) Of the amount of any alleged arrearages.
(b) The notice must be:
(i) Served by certified or registered mail or by any means of personal service authorized by the laws of the state of Washington; and
(ii) Accompanied by a copy of the registered order and any documents and relevant information accompanying the order submitted by the registering party.
(c) The effective date of a request for hearing to contest the validity or enforcement of the registered order is the date DCS receives the request.
(3) A hearing under this section is for the limited purpose of determining if the nonregistering party can meet the burden of proving one or more of the defenses enumerated in RCW 26.21.540(1).
(a) If the contesting party presents evidence establishing a full or partial defense under RCW 26.21.540(1), the presiding officer may:
(i) Stay enforcement of the registered order;
(ii) Continue the proceeding to permit production of additional relevant evidence; or
(iii) Issue other appropriate orders.
(b) An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under RCW 26.21.540(1) to the validity or enforcement of the order, the presiding officer shall issue an order confirming the registered order.
(d) The custodial parent (CP) or payee of the order may participate as a party to any hearing under this section.
(4) Confirmation of a registered order precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Confirmation may occur:
(a) By operation of law upon failure to contest registration; or
(b) By order of the administrative law judge (ALJ).
(5) A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state may register the order in this state according to RCW 26.21.560 through 26.21.580.
(a) The order must be registered in the same manner provided in subsection (1)(a) if the order has not yet been registered.
(b) A petition for modification may be filed at the same time as a request for registration, or later. The petition must specify the grounds for modification.
(c) DCS may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of RCW 26.21.580 have been met.
(6) Interpretation of the registered order is governed by RCW 26.21.510.
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(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 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 388-14A-3115; and
(b) A notice and finding of parental responsibility under WAC 388-14A-3120;
(c) A notice of paternity test costs under WAC 388-14A-8300; or
(d) An affidavit of birth costs under WAC 388-14A-3555.
(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 noncustodial parent (NCP), within sixty days of service in another state:
(a) Contacts DCS and signs an agreed settlement or consent order; or
(b) Files a written request for a hearing under:
(i) WAC 388-14A-3115 for a notice and finding of financial responsibility;
(ii) WAC 388-14A-3555 for an affidavit of birth costs; or
(iii) WAC 388-14A-8300 for a notice of paternity test costs.
(3) The effective date of a hearing request is the date DCS 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 NCP, within sixty days of service in another state:
(a) Contacts DCS and signs an agreed settlement or consent order;
(b) Files a written request for a hearing under WAC 388-14A-3120 with DCS; or
(c) Files a written request for paternity testing under WAC 388-14A-8300 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 DCS.
(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 NCP, within sixty days of service of the paternity test costs in another state:
(a) Contacts DCS and signs an agreed settlement or consent order; or
(b) Files a written request for a hearing under WAC 388-14A-3120.
(6) Administrative law judges and parties 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.
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PART H - MISCELLANEOUS(1) Child support obligations for children in foster care are set under chapter 26.19 RCW, just like any other support obligation.
(2) The division of child support does not establish or enforce support obligations for children in foster care who have been certified as eligible for DDD services.
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(1) Child support obligations for children in foster care are set according to chapter 26.19 RCW, without regard to how much the department is expending in foster care funds.
(2) The administrative law judge or review judge may not limit the noncustodial parent's support obligation to the amount the department expends each month for foster care.
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(1) When the division of child support (DCS) collects child support from the parent(s) of a child in foster care, DCS sends the amounts collected to the division of child and family services (DCFS), which administers foster care funds.
(2) DCFS and its Office of accounting services (OAS) apply child support payments collected by DCS.
(3) DCFS and/or OAS deposits in a trust account for the child any child support payments which are not used to reimburse foster care expenses.
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(1) Whenever the department provides residential care ("foster care") for a dependent child or children, the noncustodial parent (NCP) or parents (NCPs) satisfy their obligation to support the child or children by paying to the department the amount specified in a court order or administrative order, if a support order exists.
(2) The division of child support (DCS) takes action under the provisions of chapters 74.20 and 74.20A RCW and this chapter to enforce and collect support obligations owed for children receiving foster care services.
(3) If, during a month when a child is in foster care, the NCP is the "head of household" with other dependent children in the home, DCS does not collect and retain a support payment if:
(a) The household's income is below the need standard for temporary assistance for needy families (TANF) (see WAC 388-478-0015); or
(b) Collection of support would reduce the household's income below the need standard.
(4) The NCP's support obligation for the child or children in foster care continues to accrue during any month DCS is precluded from collecting and retaining support payments under this section.
(5) If the department has collected support payments from the head of household during a month or months which would qualify under section (3), the NCP may request a conference board in accordance with WAC 388-14A-6400.
(6) The NCP has the burden of proving at the conference board that the income of the household was below or was reduced below the need standard during the month or months payments were collected.
(7) If the conference board determines that DCS has collected support payments from the head of household that the department is not entitled to retain in accordance with this section, DCS must promptly refund, without interest, any such support payments, or the portion of such a payment which reduced the income of the household below the need standard.
(8) This section does not apply to payments collected prior to August 23, 1983.
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(1) RCW 26.23.040 requires all employers doing business in the state of Washington to comply with the employer reporting requirements regarding new hires.
(2) The minimum information that must be reported is the employee's name, date of birth, social security number and date of hire.
(3) An employer who submits a copy of the employee's completed W-4 form complies with the filing requirements of RCW 26.23.040(3).
(4) An employer may choose to voluntarily report the other statutory elements.
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(1) As provided in WAC 388-14A-3120(14), the noncustodial parent (NCP) and/or the mother of the child may request genetic testing, also called paternity tests, after the service of a notice and finding of parental responsibility.
(2) Upon receipt of a request for paternity tests, the division of child support (DCS) must:
(a) Arrange and pay for the genetic testing, except as provided in subsection (6) of this section, with a laboratory under contract with the department to perform genetic testing; and
(b) Notify the NCP and the mother of the time and place to appear to give blood samples.
(3) After DCS receives the test results, DCS must:
(a) Mail a notice of the test results to the:
(i) NCP's last known address by certified mail, return receipt requested; and
(ii) Mother's and/or custodial parent's last known address by first class mail.
(b) Notify the NCP:
(i) Of the costs of the tests;
(ii) That an administrative order entered as a result of the notice and finding of parental responsibility will include the cost of the tests; and
(iii) That DCS may take collection action to collect the genetic testing costs twenty days after the date the NCP receives notice in Washington, or within the time specified in WAC 388-14A-7200, of the test results if the NCP fails to:
(A) Request either a hearing on the issue of reimbursement to DCS for genetic testing costs under WAC 388-14A-3120 or the initiation of a parentage action in superior court; or
(B) Negotiate an agreed settlement;
(iv) If the notice was served in another state, DCS may take collection action according to WAC 388-14A-7200.
(4) When the genetic tests do not exclude the NCP from being the father, the NCP must reimburse the department for the costs of the tests.
(5) When the paternity tests exclude the NCP from being the father, DCS must:
(a) File a copy of the results with the state center for health statistics;
(b) Withdraw the notice and finding of parental responsibility; and
(c) Request the dismissal of any pending action based on the notice and finding of parental responsibility.
(6) RCW 74.20A.056 does not require DCS to arrange or pay for genetic testing when:
(a) Such tests were previously conducted; or
(b) A court order establishing paternity has been entered.
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(1) If the department is providing or has provided cash assistance to the family, parties to a court order must give the division of child support (DCS) twenty calendar days prior notice of the entry of any final order and five days prior notice of the entry of any temporary order in any proceeding involving child support or maintenance, because the department has a financial interest based on an assignment of support rights under RCW 74.20.330 or the state has a subrogated interest under RCW 74.20A.030.
(2) Either party may serve notice on DCS, by personal service on, or mailing by any form of mail requiring a return receipt to, the office of the attorney general.
(3) If you don't give sufficient notice before entering the support order, DCS may ask prosecuting attorney or attorney general to vacate the terms of the support order.
(4) DCS or the department are not entitled to terms for a party's failure to serve the department within the time requirements for this section, unless the department proves that the party knew that the department had an assignment of support rights or a subrogated interest and that the failure to serve the department was intentional.
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(1) The division of child support (DCS) issues subpoenas requiring the production of documents or records, or appearance of witnesses, under RCW 34.05.588 and 74.04.290.
(2) Compliance with DCS subpoenas is enforced under RCW 34.05.588 and 74.20A.350.
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2799.1 The following sections of the Washington Administrative Code are repealed:
| WAC 388-11-011 | Definitions. |
| WAC 388-11-015 | Credits allowed -- Debt satisfaction. |
| WAC 388-11-045 | Service requirements -- Tolling. |
| WAC 388-11-048 | Request for paternity tests -- Liability for costs. |
| WAC 388-11-065 | Defenses to liability. |
| WAC 388-11-067 | Equitable estoppel. |
| WAC 388-11-100 | Duty of the administrative law judge. |
| WAC 388-11-120 | Default--Vacate. |
| WAC 388-11-135 | Service. |
| WAC 388-11-140 | Modification. |
| WAC 388-11-143 | Department review of support orders. |
| WAC 388-11-145 | Notice to parties. |
| WAC 388-11-150 | Consent order and agreed settlement. |
| WAC 388-11-155 | Duration of obligation. |
| WAC 388-11-170 | Collection of debts determined. |
| WAC 388-11-180 | Procedural reference. |
| WAC 388-11-205 | Assessing support. |
| WAC 388-11-210 | Administrative orders. |
| WAC 388-11-215 | Health insurance. |
| WAC 388-11-220 | Liability for birth costs. |
| WAC 388-11-280 | Credit for dependent benefits. |
| WAC 388-11-300 | Amending notices. |
| WAC 388-11-305 | Uniform Interstate Family Support Act -- Notices served in another state. |
| WAC 388-11-310 | Request for late hearing -- Good cause. |
| WAC 388-11-320 | What is the division of child support's DCS most wanted internet site? |
| WAC 388-11-325 | Whose picture can go on the division of child support's DCS most wanted internet site? |
| WAC 388-11-330 | How does a noncustodial parent avoid being posted on the DCS most wanted internet site? |
| WAC 388-11-335 | When does DCS remove a noncustodial parent from the DCS most wanted internet site? |
| WAC 388-11-340 | What information does the division of child support post to the DCS most wanted internet site? |
The following sections of the Washington Administrative Code are repealed:
| WAC 388-13-010 | Debt, assignment, recoupment, set-off. |
| WAC 388-13-020 | Notice of support debt. |
| WAC 388-13-030 | Service of notice of support debt. |
| WAC 388-13-040 | Failure to make answer or request for hearing. |
| WAC 388-13-050 | Petition for hearing after twenty days -- Stay. |
| WAC 388-13-060 | Timely application for hearing. |
| WAC 388-13-070 | Hearing -- Initial decision. |
| WAC 388-13-085 | Collection action. |
| WAC 388-13-090 | Limitation on proceeding. |
| WAC 388-13-100 | Acknowledgment of debt. |
| WAC 388-13-110 | Default. |
| WAC 388-13-120 | Procedural reference. |
The following sections of the Washington Administrative Code are repealed:
| WAC 388-14-010 | Office of support enforcement as the Title IV-D agency. |
| WAC 388-14-020 | Definitions. |
| WAC 388-14-030 | Confidentiality. |
| WAC 388-14-035 | Requests for address disclosure--Form of request. |
| WAC 388-14-040 | Authorization for address release. |
| WAC 388-14-045 | Requests for address disclosure--Notice of request--Standards for nonrelease. |
| WAC 388-14-050 | Requests for address disclosure--Hearings. |
| WAC 388-14-100 | Absent parent's responsibility -- Liability. |
| WAC 388-14-200 | Families accepting assistance must assign certain support rights to the state. |
| WAC 388-14-201 | Cooperation with division of child support. |
| WAC 388-14-202 | Effects of noncooperation. |
| WAC 388-14-203 | Medical assistance only -- Assignment of support rights -- Cooperation. |
| WAC 388-14-205 | Responsibilities of the office. |
| WAC 388-14-210 | Support payments to office of support enforcement. |
| WAC 388-14-220 | Subpoena power. |
| WAC 388-14-250 | Payments to the family. |
| WAC 388-14-260 | Interstate cases. |
| WAC 388-14-270 | Distribution of support payments. |
| WAC 388-14-271 | Notice of intent to distribute support money. |
| WAC 388-14-272 | Notice to recover a support payment. |
| WAC 388-14-273 | Payment distribution payment services only cases. |
| WAC 388-14-274 | Distribution notice. |
| WAC 388-14-276 | Total versus total notice. |
| WAC 388-14-300 | Nonassistance support enforcement services -- Persons eligible for services. |
| WAC 388-14-310 | Nonassistance support enforcement application. |
| WAC 388-14-350 | Location of absent parents. |
| WAC 388-14-360 | Cooperation with other states. |
| WAC 388-14-365 | Reassignment by state administering an approved plan. |
| WAC 388-14-370 | Cooperative arrangements with courts and law enforcement officials. |
| WAC 388-14-376 | Recovery of excess daycare and special child rearing expense payments. |
| WAC 388-14-385 | The division of child support's grievance and dispute resolution method is called a conference board. |
| WAC 388-14-386 | How to apply for a conference board. |
| WAC 388-14-387 | Explanation of the conference board process. |
| WAC 388-14-388 | Scope of authority of conference board chair defined. |
| WAC 388-14-390 | Hearing when collection action is initiated against a bank account -- Exemptions -- Burden of proof. |
| WAC 388-14-395 | Limitation on collection of support payments from head of household -- Request for conference board -- Burden of proof. |
| WAC 388-14-410 | Release of information to consumer reporting agency. |
| WAC 388-14-415 | Notice of support owed. |
| WAC 388-14-420 | Once a support enforcement case is opened, under what circumstances can it be closed? |
| WAC 388-14-421 | Under what circumstances may DCS deny a request to close a support enforcement case? |
| WAC 388-14-422 | Who is mailed notice of DCS' intent to close a case? |
| WAC 388-14-423 | What if I don't agree with the case closure notice? |
| WAC 388-14-424 | What happens to payments that come in after a case is closed? |
| WAC 388-14-427 | Payroll deduction notice -- Order to withhold and deliver -- Wage assignments -- Agreements for electronic service. |
| WAC 388-14-435 | Notice of support debt. |
| WAC 388-14-440 | Notice to payee. |
| WAC 388-14-450 | Debt adjustment notice. |
| WAC 388-14-460 | Notice of intent to enforce -- Health insurance coverage. |
| WAC 388-14-480 | Notice of enrollment -- Health insurance coverage -- Issuance and termination. |
| WAC 388-14-490 | All Washington employers must report new hires to the Washington state support registry. |
| WAC 388-14-495 | Registering an order from another state for enforcement or modification. |
| WAC 388-14-496 | Uniform Interstate Family Support Act--Notices served in another state. |
| WAC 388-14-500 | The division of child support will accept oral requests for hearing or conference board. |
| WAC 388-14-510 | What is the division of child support's license suspension program? |
| WAC 388-14-520 | The notice of noncompliance and intent to suspend licenses. |
| WAC 388-14-530 | Who is subject to the DCS license suspension program? |
| WAC 388-14-540 | How do I avoid having my license suspended for failure to pay child support? |
| WAC 388-14-550 | Signing a repayment agreement will avoid certification for noncompliance. |
| WAC 388-14-560 | How to obtain a release of certification for noncompliance. |
| WAC 388-14-570 | Administrative hearings regarding license suspension are limited in scope. |