WSR 20-01-045
(Economic Services Administration)
[Filed December 9, 2019, 9:24 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-15-101.
Title of Rule and Other Identifying Information: The department of social and health services (DSHS) division of child support (DCS) is proposing to amend WAC 388-14A-3903 How does DCS decide whether to petition for modification of a support order? to implement sections 2 and 3 of ESHB 1916 (chapter 275, Laws of 2019), which took effect on July 28, 2019.
DCS filed a CR-103E Rule-making order as WSR 19-16-013, effective July 28, 2019. That first emergency rule expired on November 22, 2019. DCS filed a second CR-103E Rule-making order as WSR 19-24-022, effective November 23, 2019, with the same rule text to maintain the status quo until the permanent rule is effective.
The text of the proposed permanent rule is the same as the rule text used in the two emergency rule filings.
Hearing Location(s): On January 22, 2020, at 10:00 a.m., at Office Building 2, DSHS Headquarters, 1115 Washington, Olympia, WA 98504. Public parking at 11th and Jefferson. A map is available at:
Date of Intended Adoption: Not earlier than January 23, 2020.
Submit Written Comments to: DSHS Rules Coordinator, P.O. Box 45850, Olympia, WA 98504, email, fax 360-664-6185, by 5:00 p.m., January 22, 2020.
Assistance for Persons with Disabilities: Contact Jeff Kildahl, DSHS rules consultant, phone 360-664-6092, fax 360-664-6185, TTY 711 relay service, email, by January 8, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is implementation of section 4 of ESHB 1916 (chapter 275, Laws of 2019), which amended RCW 74.20.040. ESHB 1916 amended the criteria used by the DCS for modification or adjustment of child support orders in RCW 26.09.170 and 74.20A.059. This change potentially allows more families to benefit from modification of their child support orders by reducing the requirement that the child support amount change as a result of the review from twenty-five percent to fifteen percent. Another change relates to incarceration of the noncustodial parent as a reason for modification review of the child support order at any time without a showing of a substantial change in circumstances or a fifteen percent change in the order amount when incarceration is the reason for the change in the support order. DCS may make additional changes to the modification criteria that will allow for greater flexibility for child support order modifications.
Reasons Supporting Proposal: The amendment to the rules is necessary to implement changes in RCW 26.09.170 and 74.20A.059 regarding review and modification of child support orders.
Statutory Authority for Adoption: Sections 2 and 3 of ESHB 1916 (chapter 275, Laws of 2019) which took effect on July 28, 2019, and amended RCW 26.09.170 and 74.20A.059; RCW 26.09.105, 26.18.170, 34.05.220 (1)(a), 34.05.322, 74.04.055, 74.08.090, 74.20.040(9), 74.20A.310.
Statute Being Implemented: RCW 26.09.170, 74.20A.059.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: None.
Name of Proponent: DSHS, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Nancy Koptur, DCS Rules Coordinator, DCS Headquarters, P.O. Box 9162, Olympia, WA 98507-9162, 360-664-5065.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. Although this rule may meet the definition of a significant legislative rule under RCW 34.05.328, the requirement for a cost-benefit analysis does not apply under RCW 34.05.328 (5)(b)(vii).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(4).
Explanation of exemptions: This proposal does not affect small businesses.
December 5, 2019
Katherine I. Vasquez
Rules Coordinator
AMENDATORY SECTION(Amending WSR 01-03-089, filed 1/17/01, effective 2/17/01)
WAC 388-14A-3903How does DCS decide whether to petition for modification of a support order?
(1) The division of child support (DCS) petitions to modify a support 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))fifteen 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.
(2) DCS may petition to modify the order without regard to subsection (1)(a)(i) of this section if the reason DCS reviewed the order is the noncustodial parent's incarceration.
(3) DCS may petition to modify the order without regard to subsection (1)(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.