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-4535 - Can the noncustodial parent file a late request for hearing if a license has already been suspended?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  noncustodial parent (NCP) may file a late request for hearing if the division
				  of child support (DCS) has certified the noncustodial parent (NCP) because of
				  the NCP's failure to object to the notice of noncompliance as provided in WAC
				  388-14A-4512(1),
				  even if the department of licensing (DOL) or other licensing entity has
				  suspended the NCP's license.
(2)
				  When an NCP files a late request for hearing, DCS does not release the
				  certification until:
(a) The NCP pays the
				  support debt in full;
(b) DCS and
				  the NCP sign a payment agreement under WAC
				  388-14A-4520;
(c) There is a final administrative order
				  entered establishing a payment schedule because the NCP made a good faith
				  effort to comply with the order; or
(d) There is a final administrative order
				  entered determining that the NCP did not owe more than six months worth of
				  support and that license suspension was not appropriate at the time of the
				  certification.
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-4540 - When is a DCS conference board available regarding license suspension issues?

Current through Register Vol. 24-14, July 15, 2024
(1) A noncustodial
				  parent (NCP) may request a conference board under WAC
				  388-14A-6400 to resolve any
				  complaints and problems concerning a division of child support (DCS)
				  case.
(2) If the NCP and DCS are
				  not successful in negotiating a payment agreement to avoid license suspension
				  or to get a license reinstated, NCP may request a conference board at any time.
(a) A conference board is not available to
				  the NCP regarding negotiations that occur immediately after the service of a
				  notice of noncompliance under WAC
				  388-14A-4505.
(b) During that time period, the NCP has a
				  right to an administrative hearing on the notice, and if the NCP is not able to
				  negotiate a payment agreement, the appropriate remedy is an 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-4600 - What is the division of child support's DCS most wanted internet site?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 74.08.090,
						26.23.120(2).
						01-03-089, § 388-14A-4600, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-320.
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-4605 - Whose picture can go on the division of child support's DCS most wanted internet site?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 26.23.120(2) and
						74.08.090. 06-03-026, §
						388-14A-4605, filed 1/6/06, effective 2/6/06. Statutory Authority:
						RCW
						 74.08.090,
						34.05.310(4)(d)
						 and 26.23.120(2).
						03-20-072, § 388-14A-4605, filed 9/29/03, effective 10/30/03. Statutory
						Authority:
						RCW
						 26.23.120(2),
						74.08.090. 01-24-083, §
						388-14A-4605, filed 12/3/01, effective 1/3/02; 01-03-089, § 388-14A-4605,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-325.
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-4610 - How does a noncustodial parent avoid being posted on the DCS most wanted internet site?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 74.08.090,
						26.23.120(2).
						01-03-089, § 388-14A-4610, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-330.
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-4615 - When does DCS remove a noncustodial parent from the DCS most wanted internet site?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 74.08.090,
						26.23.120(2).
						01-03-089, § 388-14A-4615, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-335.
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-4620 - What information does the division of child support post to the DCS most wanted internet site?

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
						RCW
						 74.08.090,
						26.23.120(2).
						01-03-089, § 388-14A-4620, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-340.
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-4700 - How do I ask the division of child support to prorate a child support obligation?

Current through Register Vol. 24-14, July 15, 2024
(1) As a
				  general rule, if support is owed for any day of a given month, the entire
				  monthly support obligation is owed for that month.
(2) Either party to a support order may
				  request that the division of child support (DCS) prorate the monthly obligation
				  under a child support order. The request must state the reason why the party is
				  requesting proration of the monthly obligation.
(3) This request may be made in writing or
				  orally, in person or by phone.
(4)
				  DCS' response may be made in writing or orally, in person or by
				  phone.
(5) This rule and WAC
				  388-14A-4705 through
				  388-14A-4715 apply only to the
				  enforcement of a support obligation, not to the establishment of an
				  obligation.
Statutory Authority:
						RCW
						34.05.330, 26.21.016,
						26.23.030,
						74.08.090, and
						74.20.040. 06-06-077, §
						388-14A-4700, filed 2/28/06, effective
						3/31/06.
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-4705 - When does the division of child support prorate a monthly support obligation?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) may prorate a monthly
					 support obligation under the following circumstances:
(1) An order is entered terminating the
				  noncustodial parent's (NCP's) support obligation and the order specifies that
				  the NCP's obligation should be prorated;
(2) A superior or tribal court order is
				  entered requiring that support for a given month be prorated; or
(3) When a conference board convened under
				  WAC 388-14A-6400 decides that support
				  for a given month should be prorated.
Statutory Authority:
						RCW
						34.05.330, 26.21.016,
						26.23.030,
						74.08.090, and
						74.20.040. 06-06-077, §
						388-14A-4705, filed 2/28/06, effective
						3/31/06.
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-4710 - When does the division of child support not prorate a monthly support obligation?

Current through Register Vol. 24-14, July 15, 2024
(1) Unless a
				  case fits the criteria outlined in WAC
				  388-14A-4705, the division of
				  child support (DCS) does not prorate a monthly support obligation.
(2) When a support order provides that the
				  noncustodial parent's support obligation for a particular child terminates as
				  of the child's birthday or graduation date, the entire monthly support
				  obligation is owed, no matter what day of the month the birthday or graduation
				  falls on.
(3) If a conference board
				  convened under WAC
				  388-14A-6400 decides that support
				  for a given month should not be prorated, DCS does not prorate for that
				  month.
Statutory Authority:
						RCW
						34.05.330, 26.21.016,
						26.23.030,
						74.08.090, and
						74.20.040. 06-06-077, §
						388-14A-4710, filed 2/28/06, effective
						3/31/06.
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-4715 - What can I do if I don't agree with DCS' decision on whether or not to prorate support?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  noncustodial parent (NCP) or custodial parent (CP) asks the division of child
				  support (DCS) to prorate support, DCS advises the parties of its decision
				  whether to prorate or not to prorate support for a given month.
(2) If the NCP or the CP disagrees with DCS'
				  decision, the aggrieved party may request a conference board under WAC
				  388-14A-6400.
(3) Either the NCP or the CP may proceed in
				  superior court to seek an order stating whether support should be
				  prorated.
Statutory Authority:
						RCW
						34.05.330, 26.21.016,
						26.23.030,
						74.08.090, and
						74.20.040. 06-06-077, §
						388-14A-4715, filed 2/28/06, effective
						3/31/06.
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-4800 - When does a child support order contain an undifferentiated amount of child support?

Current through Register Vol. 24-14, July 15, 2024
(1)RCW
				   26.23.050(5)(d) 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.
(2) A support order
				  which provides a monthly amount of child support for two or more children, but
				  does not provide a specific support obligation for each child, may be a
				  differentiated support order or an undifferentiated support order.
(a) To determine whether a support order is
				  differentiated or undifferentiated, the division of child support (DCS) reviews
				  the information contained in the support order, and, if necessary to interpret
				  the intent of the order, may consider the worksheets associated with the
				  order.
(b) When the order may
				  justifiably be divided into per child amounts for each child, the division of
				  child support (DCS) calls it a "differentiated support order."
(c) When the order does not contain enough
				  information in either the order or the worksheets to justify dividing the
				  monthly amount into per child amounts for each child, DCS calls it an
				  "undifferentiated support order."
(d) The support amounts set by these orders
				  are called either "differentiated support amounts" or "undifferentiated support
				  amounts," respectively.
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-4810 - How does DCS determine if a support order contains a differentiated or undifferentiated amount of support?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  When a child support order does not contain a per month per child amount, the
				  division of child support (DCS) reviews the support order and other documents
				  filed with the order in order to determine the amount of support due for each
				  child. "Other documents" may include but are not limited to:
(a) The child support schedule worksheets
				  which RCW
				   26.19.035(4) requires to be
				  attached to or filed with the support order;
(b) Any residential schedule or parenting
				  plan filed in the case where the support order was entered;
(c) Any findings of fact and conclusions of
				  law filed in the case where the support order was entered; or
(d) Any other documents signed or approved by
				  the tribunal which entered the child support order.
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-4820 - What can I do if I don't agree with DCS' decision on whether my support order contains a differentiated or undifferentiated amount of support?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  noncustodial parent (NCP) or custodial parent (CP) claim that the NCP's support
				  obligation for one or more, but not all, of the children covered by an
				  undifferentiated support order is terminated for any reason, either party may
				  ask the division of child support (DCS) to determine whether to adjust the
				  amount enforced as the NCP's monthly support obligation.
(2) DCS reviews the order as provided in WAC
				  388-14A-4810 and then advises the
				  parties of its decision.
(3) If
				  either the NCP or the CP disagrees with DCS' interpretation of the order, the
				  aggrieved party may request a conference board under WAC
				  388-14A-6400.
(4) Either the NCP or the CP may proceed in
				  superior court to seek:
(a) An order
				  clarifying the NCP's monthly support obligation;
(b) An order modifying the support order;
				  or
(c) Any other appropriate
				  relief.
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-4830 - How does DCS divide support obligations between two or more cases when a support order does not contain a differentiated amount of support?

Current through Register Vol. 24-14, July 15, 2024
(1) If two or more
				  children covered by the same child support order change residences so that more
				  than one custodial parent (CP) is eligible to receive child support paid by the
				  noncustodial parent (NCP):
(a) As long as the
				  NCP's support obligation for all of the children has not been terminated, the
				  NCP continues to owe the total amount of child support stated in the support
				  order;
(b) The division of child
				  support (DCS) allocates the NCP's support obligation between the various cases
				  based on which children reside with each CP.
(c) DCS distributes support collections among
				  the cases as provided in WAC
				  388-14A-5001 through
				  388-14A-5050.
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-4900 - Insurers must report claim information to the division of child support and withhold payments if directed

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Insurers must report certain insurance claims to the division of child support.
				  Within 10 days after opening a tort liability claim for bodily injury or
				  wrongful death, a workers' compensation claim, or a claim under a policy of
				  life insurance, including an annuity, the insurer must report sufficient
				  information to the division of child support to enable it to verify whether the
				  claimant or other beneficiary owes child support. A claim is deemed opened when
				  an insurer has sufficient information to:
(a)
				  Identify the claimant;
(b)
				  Determine that the claimant is entitled to payment of the insurance claim
				  proceeds; and
(c) Make such
				  payment. In the case of a claim that will be paid through periodic payments,
				  the insurer must only report the claim before issuing the initial
				  payment.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5000 - What is the difference between distribution and disbursement of child support collections?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Distribution of child support collections refers to how the division of child
				  support (DCS) applies or allocates collections within a child support case or
				  between child support cases.
(2)
				  Disbursement of child support collections refers to DCS sending out or paying
				  support collections to the appropriate recipient.
(3) WAC
				  388-14A-5001 through
				  388-14A-5015 explain how DCS
				  distributes and disburses child support collections.
Statutory Authority:
						RCW
						26.18.170,
						26.23.035,
						26.23.050,[26.23.]110, 74.20.040,
						74.20A.030, [74.20A.]055,[74.20A.]056, and 74.20A.310. 09-02-059, §
						388-14A-5000, filed 1/5/09, effective 1/27/09. Statutory Authority: 2007 c 143,
						§§ 1, 2, 3, 4, 5, 7, 8, and 9. 08-12-029, § 388-14A-5000, filed
						5/29/08, effective 7/1/08. Statutory Authority:
						RCW
						 26.23.035,
						74.08.090,
						74.20A.310, and  45 C.F.R. 303.72(h)(5). 05-06-014, § 388-14A-5000, filed 2/22/05, effective 3/25/05.
						Statutory Authority:
						RCW
						 74.08.090,
						34.05.310(4)(d),
						26.23.035,
						74.20A.057,
						74.20A.310. 03-20-072, §
						388-14A-5000, filed 9/29/03, effective 10/30/03. Statutory Authority:
						RCW
						 74.08.090,
						26.23.035,
						74.20A.057,
						74.20A.310. 01-03-089, §
						388-14A-5000, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-250,
						388-14-270, and 388-14-273.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5001 - What procedures does DCS follow to distribute support collections?

Current through Register Vol. 24-14, July 15, 2024
(1) When distributing support collections,
				  the division of child support (DCS) records collections in exact amounts of
				  dollars and cents.
(2) DCS
				  distributes support collections within two days of the date DCS receives the
				  collection, unless DCS is unable to distribute the collection for one or more
				  of the following reasons:
(a) DCS is unable to
				  locate the payee and the payee has not signed up for electronic funds transfer
				  (EFT) of disbursements;
(b) DCS
				  does not have sufficient information to identify the accounts against which or
				  to which it should distribute the money;
(c) An action is pending before a court or
				  agency which has jurisdiction over the issue to determine whether child support
				  is owed or how DCS should distribute the collection;
(d) DCS receives prepaid child support and is
				  holding it for distribution in future months under WAC 388-14A-5008;
(e) DCS mails a notice of intent to
				  distribute support money under WAC 388-14A-5050;
(f) DCS receives federal tax refund offset
				  collections, which are distributed according to WAC 388-14A-5005 and
				  388-14A-5010;
(g) DCS may hold
				  funds and not issue a check to the family for amounts under one dollar. DCS
				  must give credit for the collection, but may delay disbursement of that amount
				  until a future collection is received which increases the amount of the
				  disbursement to the family to at least one dollar. If no future collections are
				  received which increase the disbursement to the family to at least one dollar,
				  DCS transfers the amount to the department of revenue under RCW   63.30.040. This
				  subsection does not apply to disbursements which can be made by EFT;
				  or
(h) Other circumstances exist
				  which make a proper and timely distribution of the collection impossible
				  through no fault or lack of diligence of DCS.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5002 - How does DCS distribute support collections in a nonassistance case?

Current through Register Vol. 24-14, July 15, 2024
(1) A nonassistance
				  case is one where the family has never received a cash public assistance
				  grant.
(2) Subject to the
				  exceptions provided under WAC
				  388-14A-5005, the division of
				  child support (DCS) applies support collections within each Title IV-D
				  nonassistance case:
(a) First, to satisfy the
				  current support obligation for the month DCS received the collection;
(b) Second, to the noncustodial parent's
				  support debts owed to the family;
(c) Third, to prepaid support as provided for
				  under WAC
				  388-14A-5008.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5003 - How does DCS distribute support collections in an assistance case?

Current through Register Vol. 24-14, July 15, 2024
(1) An assistance
				  case is one where the family is currently receiving a TANF grant.
(2) Subject to the exceptions provided under
				  WAC 388-14A-5005, the division of
				  child support (DCS) distributes support collections within each Title IV-D
				  assistance case:
(a) First, to satisfy the
				  current support obligation for the month DCS received the collection;
(b) Second, to satisfy support debts which
				  are permanently assigned to the department to reimburse the cumulative amount
				  of assistance which has been paid to the family;
(c) Third:
(i) To satisfy support debts which are
				  temporarily assigned to the department to reimburse the cumulative amount of
				  assistance paid to the family; or
(ii) To satisfy support debts which are
				  conditionally assigned to the department. Support collections distributed to
				  conditionally assigned arrears are disbursed according to WAC
				  388-14A-2039.
(d) Fourth, to satisfy support
				  debts owed to the family;
(e)
				  Fifth, to prepaid support as provided for under WAC
				  388-14A-5008.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5004 - How does DCS distribute support collections in a former assistance case?

Current through Register Vol. 24-14, July 15, 2024
(1) A former
				  assistance case is one where the family is not currently receiving a TANF
				  grant, but has at some time in the past.
(2) Subject to the exceptions provided under
				  WAC 388-14A-5005, the division of
				  child support (DCS) distributes support collections within each Title IV-D
				  former-assistance case:
(a) First, to satisfy
				  the current support obligation for the month DCS received the
				  collection;
(b) Second, to satisfy
				  support debts owed to the family;
(c) Third, to satisfy support debts which are
				  conditionally or temporarily assigned to the department. These collections are
				  disbursed according to WAC
				  388-14A-2039;
(d) Fourth, to satisfy support debts which
				  are permanently assigned to the department to reimburse the cumulative amount
				  of assistance which has been paid to the family; and
(e) Fifth, to prepaid support as provided for
				  under WAC
				  388-14A-5008.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5005 - How does DCS distribute federal tax refund offset collections?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) distributes federal tax
					 refund offset collections in accordance with  42 U.S.C. Sec. 657  and  42 U.S.C. Sec. 654(34), as follows:
(1) DCS
				  distributes federal tax refund offset collections to arrears only, and not to
				  current support.
(2) DCS
				  distributes federal tax refund offset collections within an individual case
				  depending on the type of case to which the collection is distributed:
(a) In a never assistance case, all amounts
				  are distributed to family arrears, meaning those arrears which have never been
				  assigned.
(b) In a former
				  assistance case, all amounts are distributed first to permanently assigned
				  arrears, then to conditionally assigned arrears, then to family
				  arrears.
(c) In a current
				  assistance case, all amounts are distributed first to permanently assigned
				  arrears, then to temporarily assigned arrears (if they exist), then to
				  conditionally assigned arrears, and then to family arrears.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5006 - How does DCS distribute support collections when the paying parent has more than one case?

Current through Register Vol. 24-14, July 15, 2024
Subject to the exceptions provided under WAC
					 388-14A-5005, the division of
					 child support (DCS) distributes support collections in the following manner
					 when the noncustodial parent (NCP) has more than one Title IV-D case:
(1) First, to the current support obligation
				  on each Title IV-D case, in proportion to the amount of the current support
				  order on each case; and
(2) Second,
				  to the total of the support debts whether owed to the family or to the
				  department for the reimbursement of public assistance on each Title IV-D case,
				  in proportion to the amount of support debt owed by the NCP on each case;
				  and
(3) Third, within each Title
				  IV-D case according to WAC
				  388-14A-5002,
				  388-14A-5003, or
				  388-14A-5004.
Statutory Authority:
						RCW
						26.23.035 and
						34.05.350(1)(c).
						11-06-042, § 388-14A-5006, filed 2/28/11, effective 3/31/11. Statutory
						Authority:
						RCW
						 26.18.170,
						26.23.035,
						26.23.050,[26.23.]110, 74.20.040,
						74.20A.030, [74.20A.]055,[74.20A.]056, and 74.20A.310. 09-02-059, §
						388-14A-5006, filed 1/5/09, effective 1/27/09. Statutory Authority:
						RCW
						 26.23.035,
						74.08.090,
						74.20A.188,
						74.20A.310,  42 U.S.C. 666(a) 14 .
						01-24-078, § 388-14A-5006, filed 12/3/01, effective 1/3/02. Statutory
						Authority:
						RCW
						 74.08.090,
						26.23.035,
						74.20A.057,
						74.20A.310. 01-03-089, §
						388-14A-5006, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-270.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5007 - If the paying parent has more than one case, can DCS apply support money to only one specific case?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) applies amounts to a support debt owed for one
				  family or household and distributes the amounts accordingly, rather than make a
				  proportionate distribution between support debts owed to different families,
				  when:
(a) Proportionate distribution is
				  administratively inefficient; or
(b) The collection resulted from the sale or
				  disposition of a specific piece of property against which a court awarded the
				  custodial parent (CP) a judgment lien for child support;
(c) The collection is the result of a
				  contempt order which provides that DCS must distribute the amounts to a
				  particular case; or
(d) An Indian
				  tribe has designated that funds withheld from a tribal benefit should not be
				  applied to all of the cases of a particular noncustodial parent (NCP), but
				  rather should be distributed based on a tribal court order, tribal law, or
				  tribal custom.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5008 - Can the noncustodial parent prepay support?

Current through Register Vol. 24-14, July 15, 2024
(1) If the division of child support (DCS)
				  receives or collects support money representing payment on the required support
				  obligation for future months, DCS must:
(a)
				  Apply the support money to future months only if the support debt is paid in
				  full;
(b) Distribute the support
				  money on a monthly basis when payments become due in the future; and
(c) Mail a notice to the last known address
				  of the person entitled to receive support money.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5009 - What happens when an employer or other entity overcollects support from the noncustodial parent based on a DCS withholding order?

Current through Register Vol. 24-14, July 15, 2024
(1) When an
				  employer or other entity overcollects support from a noncustodial parent (NCP)
				  based on a withholding order issued by the division of child support (DCS), DCS
				  evaluates what to do with the overpayment on a case by case basis.
(2) Depending on the facts of the case and
				  the wishes of the NCP, DCS may take one of the following actions:
(a) Refund the excess money to the NCP upon
				  request;
(b) Hold the excess money
				  in suspense to be applied to the next month's support obligation; or
(c) Any other action which comports with the
				  requirements of this chapter and the federal regulations concerning
				  distribution of support payments.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5010 - How does the division of child support distribute federal tax refund offset collections from joint returns?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  The division of child support (DCS) collects child support through the
				  interception of federal tax refunds. This section deals with the issues that
				  arise when the Secretary of the Treasury intercepts a tax refund based on a
				  joint tax return filed by a noncustodial parent (NCP) and the NCP's spouse who
				  does not owe child support.
(2)
				  When the Secretary of the Treasury, through the federal Office of Child Support
				  Enforcement (OCSE), notifies DCS that a collection on behalf of an NCP is from
				  an intercepted tax refund based on a joint return, DCS may distribute fifty
				  percent of that collection as provided in WAC
				  388-14A-5005 and hold the
				  remainder for up to six months in case the NCP's spouse is entitled to a share
				  of the federal tax refund.
(3) DCS
				  distributes fifty percent of the collection according to WAC
				  388-14A-5005.
(4) DCS holds the other fifty percent of the
				  collection in suspense until the earlier of the following:
(a) DCS is notified by OCSE or the Secretary
				  of the Treasury whether DCS must pay back the unobligated spouse's portion of
				  the refund; or
(b) For a period not
				  to exceed six months from notification of the offset.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5015 - What is a pass-through payment?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Between October 1, 2008 and April 30, 2011 and beginning again on February 1,
				  2021, the division of child support (DCS) passes through a portion of child
				  support collections to a family receiving TANF.
(2) A pass-through payment is the portion of
				  a support collection applied to assigned support that the state elects to pay
				  to a family receiving TANF at the time the collection is received.
(3) Between October 1, 2008 and April 30,
				  2011, the pass-through payment was paid in the following amounts:
(a) Up to one hundred dollars per month to a
				  family with one child in the assistance unit.
(b) Up to two hundred dollars per month to a
				  family with two or more children in the assistance unit.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5050 - When does DCS send a notice of intent to distribute support money?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) may distribute support money to a custodial parent (CP) who
				  is not the payee under the support order if the CP signs a sworn statement
				  that:
(a) The CP has physical custody of and
				  is caring for the child; and
(b)
				  The CP is not wrongfully depriving the payee of physical custody.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5100 - How does the division of child support notify the custodial parent about support collections?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) mails a distribution and disbursement statement
				  once each month to the last known address of a person for whom it received a
				  support collection during the month, except as provided under subsection (6) of
				  this section.
(2) DCS includes the
				  following information in the distribution and disbursement statement:
(a) The amount of support collections DCS
				  received and the date of collection;
(b) A description of how DCS distributed each
				  support collection between current support and the support debt and any fees
				  required by state or federal law;
(c) The amount DCS claims as reimbursement
				  for public assistance paid, if applicable;
(d) The amount kept by the state to repay
				  public assistance paid to the family;
(e) The amount disbursed to the family as a
				  pass-through payment under WAC
				  388-14A-5015;
(f) The amount disbursed to the family as a
				  payment on support owed to the family;
(g) The amount kept by the state to pay the
				  twenty-five dollar annual fee, if applicable; and
(h) The amount kept by the state to repay
				  child support paid to the family in error.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5200 - What is a "total versus total" notice?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS)
				  identifies cases needing a "total versus total" calculation, which compares
				  amounts of public assistance paid to the family with amounts of support
				  collected and uncollected support debt. DCS performs a total versus total
				  calculation upon the request of the custodial parent (CP) or a DCS field
				  office, usually only after the assistance grant has ended.
(a) The total versus total calculation
				  allocates the uncollected support debt between the state and the CP, based on
				  the amounts of public assistance paid to the family.
(b) The total versus total calculation
				  indicates the amounts of support paid by each noncustodial parent (NCP) and how
				  DCS distributed the support.
(c)
				  DCS may at any time review a case to determine if a total versus total
				  calculation is appropriate.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5300 - How does the division of child support recover a support payment which has already been distributed?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) may serve a notice to recover a support payment
				  on the person who received the payment when DCS:
(a) Distributed the money in error;
(b) Distributed the money based on a check
				  that is later dishonored;
(c) Is
				  required to refund or return the money to the person or entity that made the
				  payment; or
(d) Distributed money
				  under a support order that was later modified so as to create an
				  overpayment.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5400 - How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS) mails
				  a debt adjustment notice to the payee under a child support order within thirty
				  days of the date DCS reduces the amount of the support debt it intends to
				  collect if that reduction was due to:
(a) A
				  mathematical error in the debt calculation;
(b) A typographical error in the stated
				  debt;
(c) Proof that DCS should
				  have suspended the support obligation for all or part of the time period
				  involved in the calculation; or
(d)
				  Proof the noncustodial parent (NCP) made payments that DCS had not previously
				  credited against the support debt.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5500 - How does the division of child support collect support debts owed by someone other than a noncustodial parent?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  Sections 17 and 18, chapter 171, Laws of 1979 ex. sess. (RCW
				   74.20.320 and
				  74.20A.270), provide that a
				  custodian of children or other person who receives support money which money
				  was paid, in whole or in part, toward a support obligation under
				  42 U.S.C.
				  602(a)(26)(A), sections 17
				  and 22, chapter 171, Laws of 1979 ex. sess., or
				  RCW
				   74.20A.030 must remit that money to the
				  division of child support (DCS) within eight days of receipt, and is indebted
				  to the department for this amount of money.
(2) By not remitting support money described
				  in subsection (1) of this section, a custodial parent (CP) or other person
				  makes, without the necessity of signing any document, an irrevocable assignment
				  to the department of an equal amount of any support debt not already assigned
				  to the department, but owing to the CP or other person, or an equal amount of
				  any support debt which may accrue in the future. DCS may use the collection
				  procedures of
				  chapter
				  74.20A RCW to collect
				  this assigned delinquency, to satisfy a debt owed under subsection (1) of this
				  section.
(3) DCS may also make a
				  set-off to pay the debt under subsection (1) of this section from support money
				  in DCS' possession or in the possession of a county clerk or other forwarding
				  agent if that money was paid to satisfy a support delinquency.
(4) DCS may take action alternatively or
				  simultaneously under subsections (1), (2) and (3) of this section but the
				  department may not collect and retain more money than the debt described under
				  subsection (1) of this section, refunding the excess, without deducting fees,
				  to the CP.
(5) DCS must give the CP
				  or other person an account of actions taken under subsections (2) or (3) of
				  this section.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-5500,
						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 E - DISTRIBUTION ISSUES › Section 388-14A-5505 - DCS uses a notice of retained support to claim a debt owed to DCS

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) serves a notice of
					 retained support setting forth:
(1)
				  The amount of support money claimed by the department as property of the
				  department by assignment, subrogation or by operation of law or legal process
				  under chapter 74.20A
				  RCW;
(2) The legal basis for the
				  claim of ownership by the department;
(3) A description of the person, firm,
				  corporation, association, or political subdivision who is or has been in
				  possession of the support moneys together with enough detail to identify the
				  amounts in issue;
(4) A statement
				  that, effective with the date of service of the notice, the department will
				  impound and hold in trust all money not yet disbursed or spent and all similar
				  money received in the future, pending answer to the notice and any hearing
				  which is requested;
(5) A statement
				  that the notice must be answered, under oath and in writing, within twenty days
				  of the date of service of the notice;
(6) A statement that the answer to the notice
				  must include true answers to the questions in the notice and must either
				  acknowledge the department's right to the money or request an administrative
				  hearing to determine ownership of the money;
(7) A statement that the burden of proof in a
				  hearing on a notice of retained support debt under this section is on the
				  department to establish ownership of the support money claimed;
(8) A statement that, if the person, firm,
				  corporation, association, or political subdivision or officer or agent thereof
				  does not answer or make a request for hearing in a timely manner, the
				  department's claim will be assessed and determined and subject to collection
				  action as a support debt according to
				  chapter
				  74.20A RCW; and
(9) A statement that the department may
				  collect a support debt, as assessed and determined, and that the property of
				  the debtor, without further advance notice or hearing, is subject to lien and
				  foreclosure, distraint, seizure and sale, or order to withhold and deliver to
				  satisfy the debt. The department may not take collection action against a
				  recipient of public assistance during the period of time the recipient remains
				  on assistance except as provided in
				  RCW
				   74.20A.270 and WAC
				  388-14A-2040.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-5505,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-13-090.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5510 - How does DCS serve a notice of retained support?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) serves the notice of
					 retained support on the person, firm, corporation, association, or political
					 subdivision or any officer or agent thereof in the manner prescribed for the
					 service of a summons in a civil action, or by certified mail, return receipt
					 requested. The receipt is
prima facie
evidence of
					 service.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-5510,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-13-030.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5515 - What happens if I don't respond to a notice of retained support or request a hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) After service
				  of a notice of retained support under WAC
				  388-14A-5510, if the person,
				  firm, corporation, association, or political subdivision or any officer or
				  agent thereof fails to answer in a timely manner, the claim of the department
				  is final and subject to collection action as a support debt according to
				  chapter
				  74.20A RCW.
(2) To be timely, a hearing request or
				  response must be received by the division of child support within twenty days
				  of service of the notice.
Statutory Authority:
						RCW
						74.08.090,
						34.05.220. 01-03-089, §
						388-14A-5515, filed 1/17/01, effective 2/17/01. Formerly WAC 388-13-040 and
						388-13-110.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part E - DISTRIBUTION ISSUES › Section 388-14A-5520 - What happens if I make a timely objection to a notice of retained support?

Current through Register Vol. 24-14, July 15, 2024
(1) Any debtor
				  who objects to all or any part of a notice of retained support may, within
				  twenty days from the date of service of the notice, file an application for an
				  administrative hearing. An objection under this section is the same thing as a
				  general denial of liability to the department.
(2) The notice of retained support does not
				  become final until there is a final administrative order.
(3) If the objection is timely, the
				  department serves the notice of hearing on the appellant or the appellant's
				  representative by first class mail.
(4) The department must notify the appellant
				  that it is the appellant's responsibility to notify the department of the
				  appellant's mailing address at the time the application is filed and also of
				  any change of address after filing the application. Mailing by first class mail
				  to the last address provided by the appellant constitutes service under
				  chapters
				  74.20A and
				  34.05 RCW.
Statutory Authority:
						RCW
						34.05.220(1),
						74.08.090,
						74.20A.055,
						74.20A.056. 02-06-098, §
						388-14A-5520, filed 3/4/02, effective 4/4/02. Statutory Authority:
						RCW
						 74.08.090,
						34.05.220. 01-03-089, §
						388-14A-5520, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-13-060.