WSR 18-11-047 PERMANENT RULES DEPARTMENT OF SOCIAL AND HEALTH SERVICES (Economic Services Administration) [Filed May 9, 2018, 1:48 p.m., effective July 1, 2018] Effective Date of Rule: July 1, 2018. Purpose: The department is amending WAC 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?
The amendment deals with distribution of support payments when a noncustodial parent (NCP) has more than one child support case, to allow the division of child support (DCS) to apply a payment in the manner specified by an Indian tribe, when the tribe sends money to DCS representing a tribal benefit received by an NCP who is a member of that tribe. DCS is adopting the amendment at the request of several tribes who wish to have payments applied in a manner consistent with tribal law or custom, or an order from the tribal court. Citation of Rules Affected by this Order: Amending WAC 388-14A-5007. Adopted under notice filed as WSR 18-08-050 on March 29, 2018. Changes Other than Editing from Proposed to Adopted Version: We have corrected a typo in the rule text, which when proposed had subsections (a), (b), (c), and (c). The fourth subsection has been "renumbered" as subsection (d). Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0. Date Adopted: May 9, 2018. Katherine I. Vasquez Rules Coordinator
AMENDATORY SECTION (Amending WSR 11-12-006, filed 5/19/11, effective 6/19/11)
WAC 388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?
(1) The division of child support (DCS) applies amounts to a support debt owed for one family or household and distributes the amounts accordingly, rather than make a proportionate distribution between support debts owed to different families, when:
(a) Proportionate distribution is administratively inefficient; or
(b) 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))
(c) The collection is the result of a contempt order which provides that DCS must distribute the amounts to a particular case; or
(d) An Indian tribe has designated that funds withheld from a tribal benefit should not be applied to all of the cases of a particular noncustodial parent (NCP), but rather should be distributed based on a tribal court order, tribal law, or tribal custom.
(2) If the collection is the result of an automated enforcement of interstate (AEI) transaction under RCW 74.20A.188, DCS applies the payment as provided in WAC 388-14A-5006, even if the requesting state wants the payment applied to a specific case.
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