reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3130 - What happens if a party makes a timely request for hearing on a support establishment notice?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  A timely request for hearing is an objection made within the time limits of WAC
				  388-14A-3110. For late (or
				  untimely) hearing requests, see WAC
				  388-14A-3135.
(2) If either party makes a timely request
				  for hearing, the division of child support (DCS) submits the hearing request to
				  the office of administrative hearings (OAH) for scheduling.
(3) OAH sends a notice of hearing by first
				  class mail to all parties at their address last known to DCS, notifying each
				  party of the date, time and place of the hearing. DCS, the noncustodial parent
				  (NCP), and the custodial parent are all parties to the hearing.
(4) A timely request for hearing stops the
				  support establishment notice from becoming a final order, so DCS cannot collect
				  on the notice. However, in appropriate circumstances, the administrative law
				  judge (ALJ) may enter a temporary support order under WAC
				  388-14A-3850.
(5) A hearing on an objection to a support
				  establishment notice is for the limited purpose of resolving the NCP's accrued
				  support debt and current support obligation. The NCP has the burden of proving
				  any defenses to liability.
Statutory Authority:
						RCW
						26.23.120,
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310, and 45 C.F.R. Parts
						301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2.
						11-22-116, § 388-14A-3130, filed 11/2/11, effective 12/3/11. Statutory
						Authority:
						RCW
						 34.05.220(1),
						74.08.090,
						74.20A.055,
						74.20A.056. 02-06-098, §
						388-14A-3130, filed 3/4/02, effective 4/4/02; 00-15-016 and 00-20-022, §
						388-14A-3130, filed 7/10/00 and 9/25/00, effective 11/6/00. Formerly WAC
						388-11-135 and 388-11-400.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3131 - What happens if neither parent appears for the hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) If neither
				  parent appears at the scheduled hearing after being sent a notice of hearing,
				  the administrative law judge (ALJ) enters an order on default, declaring the
				  support establishment notice's claim for support to be final and subject to
				  collection action. See WAC
				  388-14A-6110 and
				  388-14A-6115 to determine whether
				  the ALJ issues an initial order or a final order.
(2) As provided in WAC
				  388-14A-6125, an initial order on
				  default is subject to collection action on the twenty-second day after the
				  order was mailed by the office of administrative hearings, and a final default
				  order is enforceable immediately upon entry.
(3) A parent that did not appear may petition
				  to vacate the default order pursuant to WAC
				  388-14A-6150.
(a) If the ALJ vacates the order of default,
				  the ALJ then conducts a full hearing on the merits of the NFFR, NFPR or NFMR.
				  All parties may participate in the hearing.
(b) If the parent who did not appear at the
				  hearing is unsuccessful in the motion to vacate the default order, the ALJ may
				  treat the petition as a petition to modify the support order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3132 - What happens if only one parent appears for the hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) If one parent
				  appears at the hearing, but the other parent fails to appear after being sent a
				  notice of hearing, the administrative law judge (ALJ) enters an order of
				  default against the parent that did not appear. The hearing proceeds as
				  described in WAC
				  388-14A-3140. See WAC
				  388-14A-6110 and
				  388-14A-6115 to determine whether
				  the ALJ issues an initial order or a final order.
(2) The division of child support (DCS) and
				  the parent that did appear may enter a consent order, but not an agreed
				  settlement. The obligation in the consent order may be higher or lower, or
				  different from, the terms set forth in the notice, without further notice to
				  the nonappearing parent, if necessary for an accurate support order. The terms
				  of the consent order become final when the order of default to the parent that
				  did not appear becomes final, as provided in WAC
				  388-14A-6125.
(3) DCS and the parent that did appear may
				  proceed to hearing. The ALJ may enter an initial decision setting an obligation
				  which is higher or lower, or different from, the terms set forth in the notice,
				  without further notice to the nonappearing parent, if necessary for an accurate
				  support order. See WAC
				  388-14A-6110 and
				  388-14A-6115 to determine whether
				  the ALJ issues an initial order or a final order.
(4) The parent that did not appear may
				  petition to vacate the order of default pursuant to WAC
				  388-14A-6150.
(5) If the ALJ vacates the order of default,
				  the ALJ then conducts a full hearing on the merits of the notice and finding of
				  financial responsibility (NFFR), notice and finding of parental responsibility
				  (NFPR) or notice and finding of medical responsibility (NFMR). All parties may
				  participate in the hearing.
(6) If
				  the parent who did not appear at the hearing is unsuccessful in the motion to
				  vacate the default order, the ALJ may treat the petition as a petition to
				  modify the support order.
Statutory Authority:
						RCW
						34.05.220(1),
						74.08.090,
						74.20A.056,
						74.20A.310,
						26.26.315,
						26.26.320,
						26.26.330,
						26.26.335,
						74.20A.055, 2002 c 302, and 2002 c
						199. 03-17-013, § 388-14A-3132, filed 8/12/03, effective 9/12/03.
						Statutory Authority:
						RCW
						 34.05.220(1),
						74.08.090,
						74.20A.055,
						74.20A.056. 01-24-081, §
						388-14A-3132, filed 12/3/01, effective 1/3/02; 00-15-016 and 00-20-022, §
						388-14A-3132, filed 7/10/00 and 9/25/00, effective 11/6/00. Formerly WAC
						388-11-400 and 388-11-425.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3133 - What happens when the noncustodial parent and the custodial parent both appear for the hearing?

Current through Register Vol. 24-14, July 15, 2024
If both parents appear at the hearing:
(1) All parties may enter an agreed
				  settlement or consent order. WAC
				  388-14A-3600 describes when an
				  agreed settlement or consent order is a final order.
(2) All parties may proceed to hearing, after
				  which the ALJ issues an order. The ALJ may enter an order setting an obligation
				  which is higher or lower, or different from, the terms set forth in the notice,
				  if necessary for an accurate support order. See WAC
				  388-14A-6110 and
				  388-14A-6115 to determine whether
				  the ALJ issues an initial order or a final order.
(3) In a hearing under this section, the
				  division of child support (DCS) proceeds first to document the support amount
				  that DCS believes to be correct. Following DCS' presentation, the custodial
				  parent (CP) and the noncustodial parent (NCP) may proceed in turn to show why
				  the DCS position is wrong.
Statutory Authority:
						RCW
						34.05.220(1),
						74.08.090,
						74.20A.056,
						74.20A.310,
						26.26.315,
						26.26.320,
						26.26.330,
						26.26.335,
						74.20A.055, 2002 c 302, and 2002 c
						199. 03-17-013, § 388-14A-3133, filed 8/12/03, effective 9/12/03.
						Statutory Authority:
						RCW
						 34.05.220(1),
						74.08.090,
						74.20A.055,
						74.20A.056. 00-15-016 and
						00-20-022, § 388-14A-3133, filed 7/10/00 and 9/25/00, effective 11/6/00.
						Formerly WAC 388-11-400 and 388-11-425.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3135 - Late hearings, or hearing on untimely objections to support establishment notices

Current through Register Vol. 24-14, July 15, 2024
(1) For orders
				  established before August 30, 1997, if the noncustodial parent did not timely
				  object to the notice and finding of financial responsibility (NFFR), notice and
				  finding of parental responsibility (NFPR), or notice and finding of medical
				  responsibility (NFMR), only the noncustodial parent may petition for a late
				  hearing, pursuant to WAC
				  388-14A-3500.
(2) For orders established after August 30,
				  1997, if neither parent timely objected to the NFFR, NFPR, or NFMR, either the
				  noncustodial parent or the custodial parent may petition for a late hearing,
				  pursuant to WAC
				  388-14A-3500. See WAC
				  388-14A-3110 for the time limits
				  for a timely hearing request.
(3)
				  The division of child support (DCS) continues to enforce the order even if a
				  late request for hearing is filed.
(4) If DCS receives the late hearing request
				  within one year of the date of service of the notice, the parent requesting the
				  hearing is not required to show good cause to have a hearing on the merits of
				  the notice.
(5) If DCS receives the
				  late hearing request more than a year after the date of service of the notice,
				  the parent requesting the hearing must show good cause why the hearing request
				  was not timely. WAC
				  388-14A-1020 contains the
				  definition of good cause.
Statutory Authority:
						RCW
						74.08.090,
						34.05.310(4)(d),
						34.05.220(1),
						74.20A.055,
						74.20A.056. 03-20-072, §
						388-14A-3135, filed 9/29/03, effective 10/30/03. Statutory Authority:
						RCW
						 34.05.220(1),
						74.08.090,
						74.20A.055,
						74.20A.056. 00-15-016 and
						00-20-022, § 388-14A-3135, filed 7/10/00 and 9/25/00, effective 11/6/00.
						Formerly WAC 388-11-400 and 388-11-425.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3140 - What can happen at a hearing on a support establishment notice?

Current through Register Vol. 24-14, July 15, 2024
(1) When a party
				  requests a hearing on a notice and finding of financial responsibility (NFFR),
				  notice and finding of parental responsibility (NFPR), or notice and finding of
				  medical responsibility (NFMR), the hearing is limited to:
(a) Resolving the current and future support
				  obligation and the accrued support debt of the noncustodial parent (NCP);
				  and
(b) Establishing the medical
				  support obligations of both the NCP and the custodial parent (CP), if the CP is
				  the legal or biological parent of the child or children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3200 - How does DCS determine my support obligation?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS)
				  determines support obligations using the Washington state child support
				  schedule (the WSCSS), chapter 26.19 RCW, for the establishment and modification
				  of support orders.
(2) When
				  calculating child support obligations, DCS must use the WSCSS worksheets
				  developed by the administrative office of the courts (AOC).
(3)RCW
				   26.23.050 provides that every child support
				  order must state the monthly child support obligation as a sum certain amount,
				  but does not require that the support obligation be stated in a "per month per
				  child" amount when more than one child is covered by the order. DCS sets
				  support obligations in a per month per child amount whenever
				  possible.
(4) When DCS is
				  calculating a support obligation for more than one child in an administrative
				  support establishment notice, DCS may set the monthly support obligation as an
				  undifferentiated amount, as defined in WAC
				  388-14A-4800. DCS may do this if
				  one or more of the following are true:
(a)
				  The calculation involves a deviation from the standard calculation based on the
				  existence of children from other relationships;
(b) The support obligation is subject to the
				  "forty-five percent limitation" provided in
				  RCW
				   26.19.065(1) and described
				  in WAC 388-14A-3400(1)(a);
(c) The support obligation is subject to the
				  self-support reserve limitation, and the monthly support obligation is greater
				  than the presumptive minimum obligation of fifty dollars per month per child;
				  or
(d) Part III of the worksheets
				  includes health care or day care expenses.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3205 - How does DCS calculate my income?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The division of child support (DCS) calculates a parent's income using the best
				  available information. If a parent is voluntarily unemployed or underemployed,
				  either DCS or the administrative law judge (ALJ), or both may impute income to
				  that parent. Voluntary underemployment or unemployment is determined based upon
				  the parent's assets, residence, employment and earnings history, job skills,
				  educational attainment, literacy, health, age, criminal record, dependency
				  court obligations, and other employment barriers, record of seeking work, the
				  local job market, the availability of employers willing to hire the parent, the
				  prevailing earnings level in the local community, or any other relevant
				  factors. Income is not imputed for an unemployable parent. Income is also not
				  imputed to a parent to the extent the parent is unemployed or significantly
				  underemployed due to the parent's efforts to comply with court-ordered
				  reunification efforts under chapter 13.34 RCW or under a voluntary placement
				  agreement with an agency supervising the child.
(2) In the absence of records of a parent's
				  actual earnings, either DCS or the administrative law judge (ALJ), or both may
				  impute a parent's income under RCW  26.19.071(6) in the following order of
				  priority:
(a) Full-time earnings at the
				  current rate of pay;
(b) Full-time
				  earnings at the historical rate of pay based on reliable information, such as
				  employment security department data;
(c) Full-time earnings at a past rate of pay
				  where information is incomplete or sporadic;
(d) Earnings of thirty-two hours per week at
				  minimum wage in the jurisdiction where the parent resides if the parent is on
				  or recently coming off temporary assistance for needy families or recently
				  coming off aged, blind, or disabled assistance benefits, pregnant women
				  assistance benefits, essential needs and housing support, supplemental security
				  income, or disability, has recently been released from incarceration, or is a
				  recent high school graduate. Imputation at thirty-two hours per week under this
				  subsection is a rebuttable presumption;
(e) Full-time earnings at minimum wage in the
				  jurisdiction where the parent resides if the parent has a recent history of
				  minimum wage earnings, has never been employed and has no earnings history, or
				  has no significant earnings history; or
(f) Median net monthly income of year-round
				  full-time workers as derived from the United States bureau of census, current
				  population reports.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3275 - The division of child support may amend an administrative notice at any time before a final administrative order is entered

Current through Register Vol. 24-14, July 15, 2024
(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:
(a) The administrative law judge (ALJ) may
				  grant a continuance when necessary to give the parties additional time to
				  present evidence and argument as to the amendment; and
(b) DCS must put the terms of the amendment
				  in 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 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?

Current through Register Vol. 24-14, July 15, 2024
(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) may serve a notice on the NCP telling the NCP to make all future
				  payments to the WSSR.
(2) DCS
				  determines which notice to serve on the NCP as provided in WAC 388-14A-3302 and
				  elsewhere in this chapter.
(3) When
				  DCS serves a notice of support debt under
				  RCW
				   74.20A.040 or a notice of support owed under
				  RCW  26.23.110, DCS notifies the person entitled to receive the support as well
				  as the payee under the order if appropriate. See WAC
				  388-14A-3315.
Statutory Authority:
						RCW
						 26.09.105(17),
						26.18.170(19),
						26.23.050(8),
						26.23.110(14),
						34.05.020,
						34.05.060,
						34.05.220,
						74.08.090,
						74.20.040,
						74.20A.055(9),
						and 74.20A.056(11).
						11-12-006, § 388-14A-3300, filed 5/19/11, effective 6/19/11. Statutory
						Authority:
						RCW
						 74.08.090,
						34.05.310(4)(d).
						03-20-072, § 388-14A-3300, filed 9/29/03, effective 10/30/03. Statutory
						Authority:
						RCW
						 74.08.090. 01-03-089, § 388-14A-3300,
						filed 1/17/01, effective 2/17/01.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3302 - How does the division of child support decide what notice to serve when there is already an existing order for child support?

Current through Register Vol. 24-14, July 15, 2024
(1) When the division of child support (DCS)
				  serves a notice under WAC 388-14A-3300 to advise a noncustodial parent (NCP)
				  that DCS is enforcing a support order, DCS may serve a notice of support debt,
				  a notice of support debt and registration, a notice of support owed, or any
				  other appropriate notice as provided in this chapter.
(2) If the support order sets the amount of
				  the support obligation in a sum certain amount, DCS may serve a notice of
				  support debt on the NCP as provided in
				  RCW
				   74.20A.040 and WAC 388-14A-3304.
(3) If DCS is registering a support order or
				  income-withholding order issued in another state, DCS may serve a notice of
				  support debt and registration on the NCP, as provided in
				  RCW
				   26.21A.500, 26.21A.540 and WAC
				  388-14A-7100.
(4) Under
				  RCW
				   26.23.110, DCS may serve a notice of support
				  owed on an NCP or a custodial parent (CP), as appropriate, if the underlying
				  support order:
(a) Does not state the monthly
				  support obligation as a fixed dollar amount stated in U.S. dollars;
(b) Contains an escalation clause or
				  adjustment provision for which additional information not contained in the
				  support order is needed to determine the fixed dollar amount of the support
				  debt or the fixed dollar amount of the current and future support obligation,
				  or both;
(c) Provides that the NCP
				  is responsible for a portion of nonmedical expenses incurred on behalf of the
				  child, but does not reduce the amount owed to a fixed dollar amount;
				  or
(d) Provides that either the NCP
				  or the custodial parent (CP) must provide medical support as provided under
				  either RCW 26.19.105 or
				  
												74.20A.300, but does not reduce
				  the medical support obligation to a fixed dollar amount.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3304 - The division of child support may serve a notice of support debt and demand for payment when it is enforcing a support order issued in Washington state, a foreign court order or a foreign administrative order for support

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) may serve a notice of support debt and demand for payment
				  on a noncustodial parent (NCP) under
				  RCW
				   74.20A.040 to provide notice that DCS is
				  enforcing a support order entered in Washington state, a foreign court order or
				  a foreign administrative order for support.
(a) A "foreign" order is one entered in a
				  jurisdiction other than a Washington state court or administrative
				  forum.
(b) DCS uses the notice of
				  support debt and demand for payment when there is only one current child
				  support order for the NCP and the child or children in the case.
(c) When there are multiple current support
				  orders for the same obligor and child or children, DCS determines which order
				  to enforce as provided under WAC
				  388-14A-3307.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3305 - What can I do if I disagree with a notice of support debt and demand for payment?

Current through Register Vol. 24-14, July 15, 2024
Once the division of child support has served a notice of
					 support debt and demand for payment, either party may disagree with the
					 notice.
(1) If either party objects to
				  the enforcement of a non-Washington support order, that party may request that
				  DCS register that order under chapter 26.21A RCW. DCS then serves a notice of
				  support debt and registration as provided in WAC
				  388-14A-7100.
(2) If the noncustodial parent (NCP) objects
				  to the amount of current support or the amount of support debt stated in the
				  notice, the NCP may request a conference board under WAC
				  388-14A-6400.
(a) The custodial parent (CP) may participate
				  in the conference board under this section.
(b) The CP may choose to convert the
				  proceeding to an administrative hearing. The NCP may participate in a hearing
				  held under this section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3306 - Does a notice of support debt and demand for payment result in a final determination of support arrears?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  After service of a notice of support debt and demand for payment as provided in
				  WAC 388-14A-3304, the final
				  administrative order determines the support debt as of the date of the order,
				  and:
(a) The debt determination is not a final
				  determination under the Uniform Interstate Family Support Act (UIFSA), chapter
				  26.21A RCW.
(b)RCW
				   26.21A.515 controls in any computation and/or
				  determination of accrued interest on arrearages under the support
				  order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3307 - How does the division of child support proceed when there are multiple child support orders for the same obligor and children?

Current through Register Vol. 24-14, July 15, 2024
When more than one current child support order exists for
					 the same obligor and children, the division of child support (DCS) may proceed
					 as follows:
(1) When not acting as a
				  responding jurisdiction, DCS decides whether or not a determination of
				  controlling order is necessary, and which state has the authority to make a
				  determination of controlling order (DCO) under UIFSA.
(2) The controlling order is the single order
				  used for prospective enforcement and modification, determined according to the
				  priority scheme set out in the Uniform Interstate Family Support Act
				  (UIFSA).
(3) Using the criteria
				  listed in RCW  26.21A.130, DCS may decide
				  which child support order it should enforce and may serve a notice of support
				  debt and demand for payment under WAC
				  388-14A-3304.
(4) When a party objects to enforcement of
				  the order selected for enforcement under subsection (1) of this section, or
				  when the order that DCS decides to enforce is not the order presented by a
				  party or another jurisdiction for enforcement of current support, DCS may serve
				  a notice of support debt and registration as provided in WAC
				  388-14A-7100.
(5) WAC
				  388-14A-7305 describes how either
				  party or the initiating jurisdiction can ask for a DCO.
(6) WAC
				  388-14A-7315 describes how DCS
				  decides whether to deny a request for a DCO.
(7) If DCS reviews the orders in response to
				  a request for a DCO and decides that a Washington order is the presumed
				  controlling order, DCS refers the case to superior court.
(8) If DCS reviews the orders in response to
				  a request for a DCO and decides that a non-Washington order is the presumed
				  controlling order, DCS serves a notice of support debt and registration as
				  provided in WAC
				  388-14A-7325.
Statutory Authority:
						RCW
						26.23.120,
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310, and 45 C.F.R. Parts
						301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2.
						11-22-116, § 388-14A-3307, filed 11/2/11, effective 12/3/11. Statutory
						Authority:
						RCW
						 34.05.220(2),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040,
						74.20A.310. 07-08-055, §
						388-14A-3307, filed 3/29/07, effective
						4/29/07.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3310 - What notice does the division of child support serve to establish a fixed dollar amount under an existing child support order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS) may
				  serve a notice of support owed under
				  RCW
				   26.23.110 on either the noncustodial parent
				  (NCP) or the custodial parent (CP) whenever it is necessary to establish a
				  fixed dollar amount owed under a child support order that was entered in
				  Washington or by any other tribunal. This section provides general information
				  regarding the notice of support owed.
(a) WAC
				  388-14A-3311 describes the procedures for service of a notice of support owed
				  on the NCP to determine the fixed dollar amount of the support debt or the
				  fixed dollar amount of the current and future support obligation for nonmedical
				  expenses.
(b) WAC
				  388-14A-3312
				  describes the procedures for service of a notice of support owed on either
				  parent to establish that parent's share of medical expenses or medical support,
				  or both, owed for the child or children covered by a support order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3311 - How does DCS prepare a notice of support owed to determine amounts owed to establish a fixed dollar amount under an existing child support order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) serves a notice of support owed under
				  RCW
				   26.23.110, WAC
				  388-14A-3310
				  and this section on the noncustodial parent (NCP) to determine the fixed dollar
				  amount of the support debt, the fixed dollar amount of the current and future
				  support obligation, or both.
(2)
				  DCS may serve a notice of support owed on the NCP to determine the fixed dollar
				  amount of the current and future support obligation when a support order
				  provides that the NCP's support obligation is:
(a) A certain percentage of the NCP's gross
				  or net earnings;
(b) Set as a
				  sum-certain amount, but the amount is to be paid other than monthly;
				  or
(c) To be determined by some
				  other formula or method requiring the use of information that is not contained
				  in the order, including currency conversion when DCS is enforcing a support
				  order which sets the support amount in a foreign currency.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3312 - The division of child support serves a notice of support owed to establish a fixed dollar amount owed by either parent for medical support

Current through Register Vol. 24-14, July 15, 2024
(1) Depending on
				  the specific requirements of the child support order, and only if the case
				  meets the criteria set out in WAC 388-14A-4100, the division of child support
				  (DCS) may serve a notice of support owed under
				  RCW
				   26.23.110, WAC
				  388-14A-3310
				  and this section:
(a) On either the
				  noncustodial parent (NCP) or the custodial parent (CP), as appropriate, in
				  order to:
(i) Establish as a sum certain and
				  collect the obligated parent's proportionate share of uninsured medical
				  expenses owed to the parent seeking reimbursement. This process is called
				  reimbursement of uninsured medical expenses;
(ii) Establish as a sum certain and collect
				  the obligated parent's monthly payment toward the premium currently being paid
				  by the other parent for health care coverage for a child named in the support
				  order; or
(iii) Establish and
				  collect amounts owed under both subsections (a)(i) and (a)(ii) of this
				  section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3315 - When DCS serves a notice of support debt or a notice of support owed, we notify the other party to the child support order

Current through Register Vol. 24-14, July 15, 2024
(1) When the division of child support (DCS)
				  needs to notify the parties that DCS is enforcing a previously entered support
				  order, DCS serves the appropriate notice under WAC
				  388-14A-3302.
				  DCS may serve a notice of support owed on either the noncustodial parent (NCP)
				  or the custodial parent (CP), as provided in WAC
				  388-14A-3310.
(2) At the same time that DCS sends a notice
				  of support debt or a notice of support owed for service on one party, DCS
				  notifies the other party by sending a form called the notice to payee, with a
				  copy of the notice.
(3) DCS serves
				  a notice of support debt or a notice of support owed on the NCP when DCS is
				  enforcing an order that sets the NCP's support obligation. At the same time
				  that DCS sends the notice for service on the NCP:
(a) DCS sends the notice to payee to the CP,
				  if the CP is the payee under the order; and
(b) DCS sends the notice to payee to the CP
				  and to the payee under the order, if the CP is not also the payee under the
				  order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3316 - When can a notice of support owed become a final order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS) may
				  serve a notice of support owed on either the noncustodial parent (NCP) or the
				  custodial parent (CP), as described in WAC
				  388-14A-3310,
				  388-14A-3311, and
				  388-14A-3312.
(2) The notice of support owed becomes a
				  final administrative order subject to immediate income withholding and
				  enforcement without further notice under chapters 26.18, 26.23, 74.20, and
				  74.20A RCW unless one of the parties, no matter which one was served with the
				  notice, contacts DCS within the time limits provided in this section and:
(a) Objects to the notice;
(b) Requests a hearing;
(c) Negotiates and signs an agreed settlement
				  as provided in WAC 388-14A-3600; or
(d) Obtains a stay from the superior
				  court.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3317 - What happens if a party makes a timely request for hearing on a notice of support owed?

Current through Register Vol. 24-14, July 15, 2024
(1) A party who has
				  been served with a notice of support owed may make a timely or untimely
				  objection to the notice.
(a) A timely request
				  for hearing on a notice of support owed is an objection made within the time
				  limits of WAC
				  388-14A-3316.
(b) WAC
				  388-14A-3318 describes what
				  happens when the party files an untimely objection.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3318 - What happens if a party makes an untimely request for hearing on a notice of support owed?

Current through Register Vol. 24-14, July 15, 2024
(1) A party who has
				  been served with a notice of support owed may make a timely or untimely
				  objection to the notice.
(a) WAC 388-14A-3117
				  describes what happens when the party files a timely objection.
(b) An objection which is not made within the
				  time limits of WAC 388-14A-3116 is an untimely objection.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3320 - What happens at a hearing on a notice of support owed?

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				  provides general information regarding hearings on a notice of support
				  owed.
(2) Either the noncustodial
				  parent (NCP) or the custodial parent (CP) may request a hearing on a notice of
				  support owed.
(3) The division of
				  child support (DCS) serves two basic types of notice of support owed:
(a) The initial notice of support owed served
				  to establish a sum certain amount for a support obligation under an existing
				  order, as described in WAC
				  388-14A-3310; and
(b) A notice of support owed served as part
				  of the annual review under
				  RCW
				   26.23.110, as described in WAC
				  388-14A-3330.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3321 - What happens if the custodial parent requests a hearing on a notice of support debt and demand for payment?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  If the custodial parent (CP) requests a hearing on a notice of support debt and
				  demand for payment (also called the "notice of support debt"), the hearing is
				  for the limited purpose of determining the support debt under the order through
				  the date of the hearing.
(2) The
				  office of administrative hearings (OAH) sends a notice of hearing to the NCP,
				  to the division of child support (DCS), and to the payee.
(a) The NCP and the payee each may
				  participate in the hearing.
(b)
				  "Participating in" or "proceeding with" the hearing may include signing a
				  consent order or agreed settlement under WAC
				  388-14A-3600.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3323 - What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  hearing on a notice of support owed served under WAC
				  388-14A-3311
				  is subject to WAC
				  388-14A-3320
				  and this section.
(2) A hearing on
				  a notice of support owed served under WAC
				  388-14A-3311
				  is only for the purpose of determining the amounts owed by the noncustodial
				  parent (NCP) that are not stated as a fixed dollar amount in the underlying
				  support order, either as part of the monthly support obligation or for
				  nonmedical expenses of the children. See WAC
				  388-14A-3324
				  for the rules concerning a hearing on a notice of support owed for medical
				  support.
(3) The administrative law
				  judge (ALJ) must determine some or all of the following, depending on what was
				  requested in the notice of support owed:
(a)
				  The amount of monthly support as a fixed dollar amount;
(b) Any accrued arrears;
(c) Any difference between the NCP's
				  obligation under a previous notice of support owed and his or her actual
				  obligation after actual income or expenses are considered; and
(d) The amount of the NCP's share of
				  nonmedical expenses for the children, including:
(i) The amount that the NCP must pay each
				  month as his or her ongoing share of daycare and child care expenses for the
				  children; and
(ii) Whether the
				  custodial parent (CP) has provided sufficient proof of payment of daycare and
				  child care expenses for the children; and
(iii) The amount of NCP's accrued debt for
				  daycare and child care expenses.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3324 - What happens in a hearing on a notice of support owed served under WAC 388-14A-3312?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  hearing on a notice of support owed for medical support served under WAC
				  388-14A-3312
				  is subject to WAC
				  388-14A-3320
				  and this section. See WAC
				  388-14A-3323
				  for the rules concerning a hearing on a notice of support owed under WAC
				  388-14A-3311.
(2) A hearing on a notice of support owed
				  served under WAC
				  388-14A-3312
				  is only for the purpose of determining:
(a)
				  Issues regarding the reimbursement of uninsured medical expenses, such as:
(i) Whether the party on whom the notice was
				  served is obligated under a support order to pay for uninsured medical expenses
				  for the children covered by the order;
(ii) Whether the party seeking reimbursement
				  has provided sufficient proof of payment for uninsured medical expenses for the
				  children;
(iii) The total amount of
				  uninsured medical expenses paid by the party seeking reimbursement;
(iv) The obligated parent's share of the
				  uninsured medical expenses;
(v) The
				  amount, if any, the obligated parent has already paid to the party seeking
				  reimbursement;
(vi) Whether the
				  obligated parent provided coverage during the time in question if reimbursement
				  of medical premium costs is requested; and
(vii) The amount owed by the obligated parent
				  to the party seeking reimbursement for unreimbursed medical expenses.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3330 - What are the procedures for the annual review of a notice of support owed?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   26.23.110 provides for an annual review of
				  the support order which was previously the subject of a notice of support owed
				  under that statute if the division of child support (DCS), the noncustodial
				  parent (NCP), or the custodial parent (CP) requests a review.
(a) Either the CP or the NCP may request an
				  annual review of the support order.
(b) DCS may request an annual review of the
				  support order but has no duty to do so.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3331 - What are the procedures for the accelerated review of a notice of support owed for day-care expenses?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   26.23.110 provides for an accelerated review
				  of the amounts established by a prior notice of support owed if the division of
				  child support (DCS), the noncustodial parent (NCP), or the custodial parent
				  (CP) requests a review.
(a) Either the CP or
				  the NCP may request an accelerated review of the support order.
(b) DCS may request an accelerated review of
				  the support order but has no duty to do so.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3350 - Are there any limits on how much back support the division of child support can seek to establish?

Current through Register Vol. 24-14, July 15, 2024
(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:
(a) DCS receives the application for
				  nonassistance services if the CP applies directly to DCS for services;
				  or
(b) An Indian tribe or another
				  state or country received the application for nonassistance services or the
				  actual date the tribe, state, or country requests that child support start,
				  whichever is later, if the initiating jurisdiction requests DCS to establish a
				  support order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3370 - What legal defenses are available to a noncustodial parent when DCS seeks to enforce a support obligation?

Current through Register Vol. 24-14, July 15, 2024
(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 order,
				  tribal court order, 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3375 - What kinds of credits does the division of child support give when establishing or enforcing an administrative support order?

Current through Register Vol. 24-14, July 15, 2024
(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.