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 D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4115 - Can my support order reduce my support obligation if I pay for health insurance?

Current through Register Vol. 24-14, July 15, 2024
(1) Some
				  support orders reduce the noncustodial parent's transfer payment based on
				  health insurance premiums paid by the noncustodial parent (NCP).
(2) An NCP is entitled to the reduction for
				  premiums paid only if the NCP submits proof of the cost of coverage which is
				  actually being provided at the time the support order is entered, so that the
				  amounts can be included in the worksheet calculation.
(3) If health insurance coverage terminates
				  or if the amount of the premium changes, this does not mean that the transfer
				  payment is automatically increased or decreased. However, such a change may
				  constitute the basis for a petition to modify the support order.
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-4115, filed 5/19/11, effective 6/19/11. Statutory
						Authority:
						RCW
						 74.08.090,
						26.18.170,
						26.18.180,
						74.20A.055. 01-03-089, §
						388-14A-4115, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-215.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4119 - How soon after a noncustodial parent is listed in the state directory of new hires must the division of child support send a national medical support notice to the employer?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) must send a National
					 Medical Support Notice (NMSN) to the employer of a noncustodial parent (NCP)
					 within two business days of the date the NCP's information is entered into the
					 state directory of new hires (SDNH).
Statutory Authority:
						RCW
						74.20A.310 and  45 C.F.R. 303.32,  45 C.F.R. 303.30, 45 C.F.R.
						303.31. 05-08-060, § 388-14A-4119, filed
						3/31/05, effective 5/1/05.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4120 - DCS uses the National Medical Support Notice to enforce an obligation to provide health insurance coverage

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The division of child support (DCS) uses a notice of enrollment called the
				  National Medical Support Notice (NMSN) to enforce an obligated parent's
				  obligation to provide health insurance coverage under chapter 26.18
				  RCW.
(2) DCS sends the NMSN to the
				  obligated parent's employer in one of the following ways:
(a) In the same manner as a summons in a
				  civil action,
(b) By certified
				  mail, return receipt requested,
(c)
				  By regular mail, or
(d) By
				  electronic means as provided in WAC
				  388-14A-4040(1)(d).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4121 - Can a Washington employer assume that every National Medical Support Notice that the employer receives is from the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) The National
				  Medical Support Notice (NMSN) is a federally mandated form which is used by
				  child support enforcement agencies all over the United States, not just the
				  division of child support (DCS).
(2) Each NMSN form contains information
				  advising the employer which child support enforcement agency sent the
				  NMSN.
Statutory Authority:
						RCW
						74.08.090,
						74.20A.310, and
						26.18.170,  42 U.S.C. 666 (a)(19),
						Child Support Performance and Incentives Act of 1998,
						45 C.F.R.
						303.31, and
						45 C.F.R.
						303.32. 04-17-119, § 388-14A-4121, filed
						8/17/04, effective 9/17/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4122 - What kind of information is included in the National Medical Support Notice?

Current through Register Vol. 24-14, July 15, 2024
The National Medical Support Notice (NMSN) and its cover
					 letter advise the obligated parent's employer and the plan administrator
					 that:
(1) The obligated parent is
				  required to provide health insurance coverage for the children named in the
				  notice;
(2) Information regarding
				  the custodial parent and children, especially address information, is
				  confidential and may not be released to anyone, including the noncustodial
				  parent (NCP);
(3) Within twenty
				  business days of the date on the notice, the employer must either:
(a) Respond to the NMSN by completing the
				  response form and returning it to DCS; or
(b) Forward Part B of the NMSN to the plan
				  administrator.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4123 - What can happen if the employer fails to comply with the terms of the National Medical Support Notice?

Current through Register Vol. 24-14, July 15, 2024
(1) If an
				  employer fails to comply with the terms of a National Medical Support Notice
				  (NMSN) sent by the division of child support (DCS), the employer may be liable
				  for a fine of up to one thousand dollars under
				  RCW
				   74.20A.350.
(2) DCS may take action under
				  RCW
				   74.20A.350 to impose fines if the employer
				  fails to comply with the terms of the NMSN. 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.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4124 - Who are the parties involved with the National Medical Support Notice?

Current through Register Vol. 24-14, July 15, 2024
(1) The National
				  Medical Support Notice (NMSN) is a federally mandated form used by child
				  support enforcement agencies to enforce an obligated parent's medical support
				  obligation. The division of child support (DCS) uses the NMSN as provided in
				  WAC 388-14A-4120.
(2) DCS sends an NMSN when there is a support
				  order requiring the obligated parent to provide health insurance coverage for
				  the children.
(3) DCS sends the
				  NMSN to the obligated parent's employer.
(4) If the employer provides health insurance
				  coverage, the employer forwards the NMSN to the appropriate plan
				  administrator.
(5) The plan
				  administrator is the entity which handles the ministerial functions for the
				  group health plan maintained by the employer or a group health plan to which
				  the employer contributes.
(6) In
				  some cases, the employer performs the duties of the plan
				  administrator.
(7) In some cases,
				  the obligated parent's union either acts as or contracts with the plan
				  administrator.
(8) The plan
				  administrator sends coverage information to both DCS and the custodial parent
				  (CP). In cases where the CP is the obligated parent, DCS sends coverage
				  information to the noncustodial parent (NCP).
Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4,
						5, 7, 8, and 9. 08-12-029, § 388-14A-4124, filed 5/29/08, effective
						7/1/08. Statutory Authority:
						RCW
						 74.08.090,
						74.20A.310, and
						26.18.170,  42 U.S.C. 666 (a)(19),
						Child Support Performance and Incentives Act of 1998,
						45 C.F.R.
						303.31, and
						45 C.F.R.
						303.32. 04-17-119, § 388-14A-4124, filed
						8/17/04, effective 9/17/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4125 - What must an employer do after receiving a National Medical Support Notice?

Current through Register Vol. 24-14, July 15, 2024
(1) Within twenty
				  business days after the date on the National Medical Support Notice (NMSN), the
				  employer must either send Part B to the plan administrator or send the employer
				  response to the division of child support (DCS).
(2) The employer need take no action beyond
				  responding to the NMSN if:
(a) The employer
				  does not maintain or contribute to plans providing dependent or family health
				  care coverage;
(b) The employee is
				  among a class of employees (for example, part-time or nonunion) that are not
				  eligible for family health coverage under any group health plan maintained by
				  the employer or to which the employer contributes; or
(c) The employee either is no longer, or
				  never has been, employed by this employer.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4126 - What kind of help is available for an employer or plan administrator who has questions about the National Medical Support Notice?

Current through Register Vol. 24-14, July 15, 2024
An employer or plan administrator who receives a National
					 Medical Support Notice (NMSN) from the division of child support (DCS) may do
					 one or more of the following to get help with the form:
(1) Visit the DCS internet web site at
http://www.dshs.wa.gov/dcs/employers.shtml
;
(2) Call the DCS Employer Hotline at
				  1-800-591-2760; or (3) Contact the DCS field office which issued the
				  NMSN.
Statutory Authority:
						RCW
						74.08.090,
						74.20A.310, and
						26.18.170,  42 U.S.C. 666 (a)(19),
						Child Support Performance and Incentives Act of 1998,
						45 C.F.R.
						303.31, and
						45 C.F.R.
						303.32. 04-17-119, § 388-14A-4126, filed
						8/17/04, effective 9/17/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4130 - What must a plan administrator do after receiving a National Medical Support Notice from the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) A plan administrator who receives a
				  National Medical Support Notice (NMSN) must respond to the NMSN within forty
				  business days after the date on the NMSN.
(2) If the obligated parent and the children
				  are to be enrolled in a health insurance plan, the plan administrator must:
(a) Notify the obligated parent, each child,
				  and the custodial parent (CP) (if the obligated parent is not the CP) that
				  coverage of the children is or will become available (notifying the CP is
				  considered the same as notifying the child if they live at the same address);
				  and
(b) If not previously provided,
				  send the CP a description of the coverage available, including the effective
				  date of coverage, a summary plan description and any forms or information
				  necessary to start coverage, and information on how to submit claims for
				  benefits.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4135 - What must the plan administrator do when the obligated parent has health insurance but the children are not included in the coverage?

Current through Register Vol. 24-14, July 15, 2024
(1) If the obligated parent is enrolled in a
				  health insurance plan through the employer but has not enrolled the children
				  named in the National Medical Support Notice (NMSN), the plan administrator
				  must follow the steps outlined in WAC
				  388-14A-4130(2)
				 and:
(a) Enroll the child(ren) named in the
				  NMSN under the obligated parent's health insurance plan; and
(b) Notify the employer and the division of
				  child support (DCS) that the child(ren) have been enrolled.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4140 - What must the plan administrator do when the obligated parent is eligible for health insurance but is not yet enrolled?

Current through Register Vol. 24-14, July 15, 2024
(1) If the obligated parent is eligible for
				  health insurance through the employer but has not enrolled on his or her own,
				  the plan administrator must proceed under WAC
				  388-14A-4130(3)
				 and:
(a) Enroll the obligated parent and the
				  children in the least expensive plan which provides accessible coverage for the
				  children named in the National Medical Support Notice (NMSN); and
(b) Notify the employer and the division of
				  child support (DCS) that the obligated parent and the children have been
				  enrolled.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4143 - What must the plan administrator do when the employer provides health insurance but the obligated parent is not yet eligible for coverage?

Current through Register Vol. 24-14, July 15, 2024
If the obligated parent is subject to a waiting period
					 before being eligible for coverage under a health insurance plan provided by
					 the employer, the plan administrator must proceed as follows:
(1) If the obligated parent is subject to a
				  waiting period that expires ninety days or less from the date of receipt of the
				  National Medical Support Notice (NMSN), see WAC
				  388-14A-4130(4);
(2) If the obligated parent is subject to a
				  waiting period that expires more than ninety days from the date of receipt of
				  the NMSN, see WAC
				  388-14A-4130(5);
				  and
(3) If the obligated parent is
				  subject to a waiting period whose duration is determined by a measure other
				  than the passage of time, see WAC
				  388-14A-4130(6).
Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4,
						5, 7, 8, and 9. 08-12-029, § 388-14A-4143, filed 5/29/08, effective
						7/1/08. Statutory Authority:
						RCW
						 74.08.090,
						74.20A.310, and
						26.18.170,  42 U.S.C. 666 (a)(19),
						Child Support Performance and Incentives Act of 1998,
						45 C.F.R.
						303.31, and
						45 C.F.R.
						303.32. 04-17-119, § 388-14A-4143, filed
						8/17/04, effective 9/17/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4145 - What must the plan administrator do when the insurance plan in which the obligated parent is enrolled does not provide coverage which is accessible to the children?

Current through Register Vol. 24-14, July 15, 2024
(1) If more
				  than one insurance plan is offered by the employer or union, and each plan may
				  be extended to cover the child, then the plan administrator must enroll the
				  children named in the national medical support notice (NMSN) in the plan in
				  which the obligated parent is enrolled.
(2) If the obligated parent's plan does not
				  provide coverage which is accessible to the child, the plan administrator:
(a) May give the obligated parent the
				  opportunity to change plans so that obligated parent and the children may be
				  enrolled in a plan which provides accessible coverage for the children;
				  but
(b) Is not required to change
				  the obligated parent's plan to one which provides accessible coverage for the
				  children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4150 - What must the plan administrator do when the obligated parent has more than one family?

Current through Register Vol. 24-14, July 15, 2024
(1) When an
				  obligated parent has a health insurance obligation for more than one family,
				  the division of child support (DCS) sends one National Medical Support Notice
				  (NMSN) for each family to the obligated parent's employer.
(2) If the obligated parent is already
				  enrolled in a health insurance plan, the plan administrator must attempt to
				  enroll all children named in all of the NMSNs in the obligated parent's
				  plan.
(3) If the obligated parent
				  is not already enrolled in a health insurance plan, and the employer offers a
				  health insurance plan which would cover all children named in all of the NMSNs,
				  the plan administrator must enroll the children in that plan. See WAC
				  388-14A-4140.
(4) If the employer offers only one health
				  insurance plan, or multiple plans which would cover some, but not all of the
				  children named in the NMSNs, the plan administrator must so notify
				  DCS.
(5) DCS chooses the
				  appropriate health insurance plan by considering the following factors:
(a) The wishes of the custodial parent of
				  each family;
(b) The premium limits
				  set by the support orders;
(c) The
				  relative ages of all the children;
(d) How many of the obligated parent's
				  children live in Washington and how many live elsewhere;
(e) How many of the obligated parent's
				  children receive medicaid;
(f) How
				  many of the obligated parent's children are already covered by private health
				  insurance;
(g) Which plan covers
				  the most children; and
(h) Other
				  factors as may be developed in DCS policy.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4160 - Are there any limits on the amount an obligated parent may be required to pay for health insurance premiums?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The National Medical Support Notice (NMSN) advises the employer of any
				  limitations on the amount an obligated parent may be required to pay for health
				  insurance premiums to cover the children.
(2) Often the support order which contains
				  the health insurance obligation determines the limitation on premium amounts,
				  or states that there is no limitation. See WAC
				  388-14A-4100
				  for a discussion of premium limitation amounts.
(3) The premium limitation amount stated in
				  the NMSN:
(a) Describes the premium amount
				  required to cover the children named in the notice; and
(b) May include any amounts required to cover
				  the obligated parent, if DCS requires the employer or plan administrator to
				  enroll the obligated parent in a health care coverage plan in order to obtain
				  coverage for the obligated parent's children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4165 - What happens when a noncustodial parent does not earn enough to pay child support plus the health insurance premium?

Current through Register Vol. 24-14, July 15, 2024
(1) Under
				  RCW
				   26.23.060(3), a payroll
				  deduction may not exceed fifty percent of the noncustodial parent's disposable
				  earnings in each pay period.
(2)
				  When the division of child support (DCS) enforces a child support obligation
				  through an income withholding action and also enforces a health insurance
				  obligation, the noncustodial parent's employer often must withhold amounts for:
(a) Current child support;
(b) Child support arrears; and
(c) Health insurance premiums.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4170 - How long does a National Medical Support Notice or other notice of enrollment remain in effect?

Current through Register Vol. 24-14, July 15, 2024
(1) The National
				  Medical Support Notice (NMSN) is a Qualified Medical Child Support
				  Order.
(2) The NMSN or earlier
				  notice of enrollment served by the division of child support (DCS) remains in
				  effect until:
(a) DCS withdraws the notice in
				  writing; or
(b) Health insurance
				  coverage is no longer available through the employer or union.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4175 - Who is required to notify the division of child support when health care coverage for the children ends?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Once the division of child support (DCS) has notified an employer that a parent
				  is obligated by a support order to provide health insurance coverage for the
				  children named in the order, the National Medical Support Notice (NMSN) or
				  other notice of enrollment remains in effect as specified in WAC
				  388-14A-4170.
(2) If coverage for the children is
				  terminated, the employer must notify DCS within thirty days of the date
				  coverage ends.
(3) A parent who is
				  required by a child support order to provide health care coverage for his or
				  her children must notify DCS and the other parent within thirty days of the
				  date coverage for the children ends. This requirement applies whether the
				  obligated parent is the custodial parent or the noncustodial parent.
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-4175, filed 5/19/11, effective 6/19/11. Statutory
						Authority: 2007 c 143, §§ 1, 2, 3, 4, 5, 7, 8, and 9. 08-12-029,
						§ 388-14A-4175, filed 5/29/08, effective 7/1/08. Statutory Authority:
						RCW
						 74.08.090,
						74.20A.310, and
						26.18.170,  42 U.S.C. 666 (a)(19),
						Child Support Performance and Incentives Act of 1998,
						45 C.F.R.
						303.31, and
						45 C.F.R.
						303.32. 04-17-119, § 388-14A-4175, filed
						8/17/04, effective 9/17/04.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4180 - When must the division of child support communicate with the health care authority?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) must inform the health care authority (HCA) of
				  the existence of a new or modified court or administrative order for child
				  support when the order includes a requirement for medical support. The health
				  care authority provides services for the state of Washington under Title XIX of
				  the federal Social Security Act.
(2) DCS must provide HCA with the following
				  information:
(a) Title IV-A case number,
				  Title IV-E foster care case number, medicaid number or the individual's Social
				  Security number;
(b) Name of the
				  obligated parent;
(c) Social
				  Security number of the obligated parent;
(d) Name and Social Security number of the
				  children named in the order;
(e)
				  Home address of the obligated parent;
(f) Name and address of the obligated
				  parent's employer;
(g) Information
				  regarding the obligated parent's health insurance policy; and
(h) Whether the children named in the order
				  are covered by the policy.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4200 - Do I get credit for dependent disability payments paid on my behalf to my children?

Current through Register Vol. 24-14, July 15, 2024
(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
				  division of child support (DCS) treats the amount of compensation the
				  department or self-insurer pays on behalf of the child or children as if the
				  NCP paid the compensation toward 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, DCS treats the amount of benefits paid for the child or children as if
				  the NCP paid the benefits toward the NCP's child support obligation for the
				  period for which benefits are paid.
(3) When the veterans' administration (now
				  known as the U.S. Department of Veterans Affairs) apportions a veteran's
				  benefits to pay child support on behalf of or on account of the child or
				  children of the veteran, DCS treats the amount of benefits paid for the child
				  or children for all purposes as if the veteran paid the benefits toward the
				  satisfaction of that person's child support obligation for the period for which
				  benefits are paid.
(4) Under no
				  circumstances does the NCP have a right to reimbursement of any compensation
				  paid under subsection (1), (2), or (3) of this section.
Statutory Authority:
						RCW
						 26.18.190,
						26.23.035,
						74.08.090, and
						74.20A.055. 11-14-065, §
						388-14A-4200, filed 6/30/11, effective 7/31/11. Statutory Authority:
						RCW
						 74.08.090,
						26.18.190,
						74.20A.055. 01-03-089, §
						388-14A-4200, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-280.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4300 - What can I do if I think I'm paying more than the custodial parent is spending for day care or other special expenses for my child?

Current through Register Vol. 24-14, July 15, 2024
(1) When a court or administrative child
				  support order requires a noncustodial parent (NCP) to pay a fixed monthly
				  amount for day care or special child rearing expenses, an NCP who has paid
				  child support under a court or administrative order and believes that day care
				  or special child rearing expenses were not actually incurred in the amount of
				  the order may file a petition for reimbursement. This petition requests the
				  division of child support (DCS) set an administrative hearing to determine if
				  an overpayment of at least 20 percent has occurred and how the overpayment
				  should be reimbursed.
(2) A
				  petition for reimbursement must cover a 12-month period.
(a) The 12-month period may be:
(i) A calendar year; or
(ii) The 12-month period following the
				  anniversary date of the support order; or
(iii) The 12-month period following an
				  adjudication 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 D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4301 - Can I file a petition for reimbursement if I do not receive full support enforcement services?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) considers a petition
					 for reimbursement or an application for hearing under WAC
					 388-14A-4300 to be an application
					 for full support enforcement services if there is not already an open support
					 enforcement case.
Statutory Authority:
						RCW
						74.08.090,
						34.05.220,
						26.23.035,
						74.20A.310. 01-03-089, §
						388-14A-4301, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-376.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4302 - Who participates in a hearing on petition for reimbursement?

Current through Register Vol. 24-14, July 15, 2024
(1) The office of
				  administrative hearings (OAH) sends notice of a hearing under this subsection
				  to the noncustodial (NCP) and to the custodial parent (CP).
(2) The NCP and the CP participate in the
				  hearing as independent parties with the same procedural rights.
Statutory Authority:
						RCW
						 74.08.090,
						34.05.220,
						26.23.035,
						74.20A.310. 01-03-089, §
						388-14A-4302, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-376.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4303 - What happens at a hearing on petition for reimbursement?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  noncustodial parent (NCP) has the burden of proving the amounts actually paid
				  by the NCP under the order.
(2) The
				  custodial parent (CP) has the burden of proving the amounts actually incurred
				  for day care and special child rearing expenses.
(3) 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.
(4) The division of child support (DCS) and
				  the parties may enter a consent order or agreed settlement instead of
				  proceeding to hearing any time a parent has requested a hearing on a petition
				  for reimbursement. See WAC
				  388-14A-3600
				  for the rules regarding consent orders and agreed settlements.
(5) 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.
(6) 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 may either hold a hearing on
				  the merits of the petition for reimbursement or issue a consent
				  order.
(7) 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 20 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 12-month time period in
				  question;
(ii) The amount of the
				  overpayment; and
(iii) The method
				  of reimbursement as set forth at WAC
				  388-14A-4304.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4304 - What happens if the judge determines that I have paid too much for day care and special expenses?

Current through Register Vol. 24-14, July 15, 2024
(1) If at
				  a hearing under WAC
				  388-14A-4303,
				  the administrative law judge (ALJ) decides that the custodial parent (CP) has
				  not incurred costs in the amount paid by the noncustodial parent (NCP), any
				  ordered overpayment reimbursement may be applied as an offset to any
				  nonassistance child support arrears owed by the NCP on that case only. If there
				  is no nonassistance debt owed on the case, the reimbursement must be in the
				  form of a credit against the NCP's future child support obligation:
(a) Spread equally over one 12-month period
				  starting the month after the administrative order becomes final; or
(b) When the future support obligation will
				  end under the terms of the order in less than 12 months, spread equally over
				  the life of the order; or
(c) With
				  the consent of the CP, in the form of a direct reimbursement by the CP to the
				  NCP.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4500 - What is the division of child support's license suspension program?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   74.20A.320 and sections 2 through 4 of SSB
				  5166 (chapter 408, Laws of 2009) provide that, in some circumstances, the
				  division of child support (DCS) may certify for license suspension a
				  noncustodial parent (NCP) who is not in compliance with a child support order.
				  These statutes call the NCP "the responsible parent."
(a) "Certify" means to notify the department
				  of licensing or other state licensing entities that the NCP is not in
				  compliance with a child support order and to ask them to take appropriate
				  action against licenses held by the NCP. Before DCS can certify an NCP, DCS
				  serves a notice on the NCP as described in WAC
				  388-14A-4505 and
				  388-14A-4510. This notice is
				  called the notice of noncompliance and intent to suspend licenses, and is
				  sometimes called the notice of noncompliance.
(b) "Responsible parent" is defined in
				  388-14A-1020. The responsible parent is also called the "noncustodial
				  parent."
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4505 - The notice of noncompliance and intent to suspend licenses

Current through Register Vol. 24-14, July 15, 2024
(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 language of the underlying
				  child support order determines the method by which DCS must serve the notice of
				  noncompliance and intent to suspend licenses.
(3) If the support order establishing or
				  modifying the child support obligation includes a statement required under
				  RCW
				   26.23.050 that the NCP's privileges to obtain
				  and maintain a license may not be renewed or may be suspended if the NCP is not
				  in compliance with a support order, DCS may serve the notice by regular mail to
				  the NCP's last known mailing address on file with the department.
(a) Notice by regular mail is deemed served
				  three days from the date the notice was deposited with the United States Postal
				  Service.
(b) DCS may choose to
				  serve the notice by personal service.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4510 - Who is subject to the DCS license suspension program?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) may serve a notice of noncompliance on a noncustodial
				  parent (NCP) who is not in compliance with a child support order.
(a) DCS may serve a notice of noncompliance
				  on an NCP who meets the criteria of this section, even if the NCP is in jail or
				  prison. Unless the NCP has other resources available while in jail or prison,
				  DCS stays the commencement of the objection period set out in WAC
				  388-14A-4505(5)(b)
				 until the NCP has been out of jail or prison for thirty days.
(b) DCS may serve a notice of noncompliance
				  on an NCP who meets the criteria of this section, even if the NCP is a public
				  assistance recipient. DCS stays the commencement of the objection period in WAC
				  388-14A-4505(5)(b)
				 until the thirty days after the NCP's cash assistance grant is
				  terminated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4512 - When may the division of child support certify a noncustodial parent for license suspension?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) may certify a
					 noncustodial parent (NCP) as being in noncompliance with a support order and
					 may request the department of licensing (DOL) or any other licensing entity to
					 suspend the NCP's license if:
(1) The
				  NCP has failed to make a timely objection to a notice of noncompliance served
				  under WAC
				  388-14A-4505. A timely objection
				  must be filed within twenty days of receipt of the notice, or within sixty days
				  of receipt if the notice was served outside of the state of
				  Washington;
(2) The NCP has failed
				  to file a motion with the appropriate court or administrative forum to modify
				  the child support obligation within twenty days of service of the notice of
				  noncompliance served under WAC
				  388-14A-4505 (or within sixty
				  days if the notice was served outside of the state of Washington);
(3) The NCP has failed to comply with a
				  payment agreement entered into under WAC
				  388-14A-4520;
(4) A hearing results in a final
				  administrative order which determines that the NCP is not in compliance with a
				  child support order and has not made a good faith effort to comply;
(5) The court enters a judgment on a petition
				  for judicial review upholding an administrative order that determined that the
				  NCP is not in compliance with a child support order and did not made a good
				  faith effort to comply;
(6) The NCP
				  has failed to comply with a payment schedule ordered by an administrative law
				  judge (ALJ) under WAC
				  388-14A-4530; or
(7) The NCP failed to make satisfactory
				  progress toward modification of the support order after a stay was granted
				  under WAC
				  388-14A-4515(2).
Statutory Authority: 2009 c 408,
						RCW
						34.05.060,
						43.20A.550,
						74.04.055,
						74.04.057,
						74.20A.310,
						74.20A.320(10),
						and 74.20A.350(14).
						10-03-029, § 388-14A-4512, filed 1/12/10, effective
						2/12/10.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4515 - How do I avoid having my license suspended for failure to pay child support?

Current through Register Vol. 24-14, July 15, 2024
(1) After service
				  of the notice of noncompliance, the division of child support (DCS) stays
				  (delays) certification action if the noncustodial parent (NCP) takes one of the
				  following actions within twenty days of service, or within sixty days of
				  service if the notice was served outside of Washington:
(a) Contacts DCS and makes arrangements to
				  pay the support debt in full;
(b)
				  Requests an administrative hearing as provided in WAC
				  388-14A-4527;
(c) Provides proof that the NCP receives
				  TANF, GAU, GAX or SSI;
(d) Provides
				  proof that the NCP is currently incarcerated at a state or federal correctional
				  facility;
(e) Provides proof that
				  NCP has filed a proceeding to modify the support order; or
(f) Contacts DCS to negotiate and sign a
				  written payment agreement as described in WAC
				  388-14A-4520.
(i) The stay for negotiation and obtaining
				  signatures may last a maximum of thirty calendar days from the date the NCP
				  contacts DCS; and
(ii) If no
				  written payment agreement has been signed within thirty calendar days from the
				  date the NCP contacted DCS, DCS schedules the matter for administrative hearing
				  under WAC
				  388-14A-4530.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4520 - Signing a payment agreement may avoid certification for noncompliance

Current through Register Vol. 24-14, July 15, 2024
(1) If a
				  noncustodial parent (NCP) signs a payment agreement, the division of child
				  support (DCS) stays the certification action.
(2) The signing of a payment agreement does
				  not require DCS to withdraw the notice of noncompliance.
(3) By signing a payment agreement, the NCP
				  waives the right to an administrative hearing on any notice of noncompliance
				  served before the date the NCP signs the agreement.
(4) The payment agreement must state that if
				  the NCP fails to make payments under the terms of the agreement and the NCP
				  owes a debt of more than six months' worth of child support payments, DCS may
				  resume certification action with no further notice to the NCP.
(5) In proposing or approving a payment
				  agreement, DCS must take into account:
(a)
				  The amount of the arrearages.
(b)
				  The amount of the current support order.
(c) The earnings of the NCP.
(d) The needs of all children who rely on the
				  NCP for support.
(e) Any documented
				  factors which make the NCP eligible for a monthly arrears payment less than the
				  amount suggested in the table in subsection (8) of this section, including but
				  not limited to:
(i) Special needs children;
				  or
(ii) Uninsured health care
				  expenses.
(f) Any
				  documented factors which make the NCP eligible for an arrears payment higher
				  than the amount suggested in the table in subsection (8) of this section,
				  including but not limited to the factors listed in
				  RCW
				   26.19.075 for deviation from the standard
				  calculation for child support obligations.
(g) If the NCP does not supply sufficient
				  financial information and documentation to allow DCS to analyze and document
				  the NCP's current financial situation and requirements, DCS may not be able to
				  tailor a payment plan to the individual circumstances of the NCP.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4525 - How to obtain a release of certification for noncompliance

Current through Register Vol. 24-14, July 15, 2024
(1) After the
				  division of child support (DCS) has certified a noncustodial parent (NCP) to a
				  licensing entity for noncompliance, the NCP may obtain a release from DCS if
				  one of the following occurs:
(a) NCP pays the
				  support debt in full, in which case DCS withdraws the notice of
				  noncompliance;
(b) NCP enters into
				  a payment agreement under WAC
				  388-14A-4520;
(c) DCS confirms that the NCP receives GAU,
				  GAX, TANF or SSI;
(d) DCS confirms
				  that the NCP is currently incarcerated at a state or federal correctional
				  facility;
(e) The prosecuting
				  attorney determines that the NCP is substantially complying with a contempt
				  repayment agreement and recommends release;
(f) DCS receives any type of recurring
				  payment, including but not limited to:
(i)
				  Employer payments;
(ii)
				  Unemployment compensation;
(iii)
				  Labor and industries benefits;
(iv)
				  Social security benefits;
(v)
				  Retirement account garnishments;
(g) DCS believes that release of the
				  certification for noncompliance will facilitate the NCP seeking employment,
				  modification of the child support order(s), or compliance with the current
				  order(s);
(h) DCS certified the NCP
				  because the NCP failed to make a timely objection to the notice of
				  noncompliance and:
(i) The NCP filed a late
				  request for hearing; and
(ii) The
				  final administrative order entered under WAC
				  388-14A-4530 contains a finding
				  that the NCP made a good faith effort to comply with the order and establishes
				  a payment schedule.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4527 - How does a noncustodial parent request an administrative hearing regarding license suspension?

Current through Register Vol. 24-14, July 15, 2024
(1) After
				  service of a notice of noncompliance and intent to suspend licenses under WAC
				  388-14A-4505, the noncustodial
				  parent (NCP) may request an administrative hearing, also known as an
				  adjudicative proceeding, under
				  chapter
				  34.05 RCW.
(a) Any objection to the notice of
				  noncompliance is considered to be a request for hearing, no matter how the
				  objection is phrased.
(b) An
				  objection that does not lead to the signing of a payment agreement under WAC
				  388-14A-4520 is considered to be
				  a request for hearing on the notice.
(c) Even if the NCP specifically makes a
				  request for hearing, the division of child support (DCS) always attempts to
				  negotiate a payment agreement under WAC
				  388-14A-4520.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4530 - What can happen at an administrative hearing regarding license suspension?

Current through Register Vol. 24-14, July 15, 2024
(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;
(c) Whether the NCP is more than six months
				  in arrears; and
(d) Whether the NCP
				  has made a good faith effort to comply with the order.