reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3400 - Are there limitations on how much of my income is available for child support?

Current through Register Vol. 24-14, July 15, 2024
(1) The Washington
				  State child support schedule (WSCSS) provides two limitations based on income,
				  the forty-five percent limitation and the self-support reserve. The division of
				  child support (DCS) applies these limitations when we calculate your child
				  support obligation. These limitations do not apply to child support arrears, or
				  to the enforcement of your child support obligation.
(a) Your basic child support obligation for
				  all of your biological or legal children cannot exceed forty-five percent of
				  your monthly net income, unless there are special circumstances as provided in
				  chapter 26.19 RCW.
(i)RCW
				   26.19.065 provides that all of the children
				  are entitled to a "pro rata" share of the income;
(ii) When the forty-five percent limitation
				  applies, DCS calculates your support obligation in a way that gives each child
				  an equal share of the income;
(iii)
				  Either party may argue to the administrative law judge (ALJ) that "pro rata"
				  does not mean the same as "equal," and may propose a different method of
				  calculation or a different amount for the support obligation for the children
				  in the case.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3410 - What amount does DCS use for the self-support reserve?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) calculates and applies the self-support
				  reserve, DCS:
(a) Uses the amount shown for a
				  one-person family in the federal poverty guideline for the current year;
				  and
(b) Multiplies that amount by
				  one hundred twenty-five percent.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3500 - A person must show good cause for filing a late request for hearing

Current through Register Vol. 24-14, July 15, 2024
(1) A person with a
				  right to a hearing under this chapter may file a request for a late hearing
				  after the period for requesting a timely hearing has passed. The effective date
				  of a hearing request is the date the division of child support (DCS) receives
				  the request.
(2) Filing a request
				  for a late hearing does not stop:
(a)
				  Collection and enforcement under
				  chapters
				  26.18,
				  26.23, or
				  74.20A RCW;
(b) The effect of any qualified domestic
				  relations order;
(c) Certification
				  of the support debt to the Internal Revenue Service for an income tax refund
				  offset; or
(d) Distribution upon
				  receipt of moneys collected.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3600 - The parties may resolve any child support case by entering a consent order or an agreed settlement

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) may enter a consent order or agreed settlement
				  to finalize any dispute in which a party requests a hearing. DCS attempts to
				  settle matters through agreement when possible.
(a) An agreed settlement is signed only by
				  the parties to the dispute.
(b) A
				  consent order must be signed by the parties and by an administrative law judge
				  (ALJ) provided that:
(i) In a telephone
				  hearing, the ALJ may sign on behalf of any party if that party gives their
				  consent on the record; and
(ii) The
				  ALJ approves a consent order without requiring testimony or a hearing, unless
				  entry of the order would be unlawful.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3700 - When is it appropriate to vacate a default order?

Current through Register Vol. 24-14, July 15, 2024
(1) If a party fails to appear at a hearing,
				  the administrative law judge (ALJ) must, upon a showing of valid service, enter
				  an initial decision and default order or proceed in the absence of the
				  defaulting party as provided in WAC
				  388-14A-3131,
				  388-14A-3132, or
				  388-14A-3140.
(2) The ALJ must state in the decision that
				  the:
(a) Support debt and the current support
				  obligation stated in the notice are assessed, determined, and subject to
				  collection action;
(b) Health
				  insurance provisions of the notice are subject to direct enforcement action;
				  and,
(c) Relief sought in the
				  notice served by the division of child support is granted.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3800 - Once a support order is entered, can it be changed?

Current through Register Vol. 24-14, July 15, 2024
(1) A support order entered by a superior
				  court may only be modified by a superior court or a court of comparable
				  jurisdiction of an Indian tribe or another state or country. The Uniform
				  Interstate Family Support Act (UIFSA, adopted in Washington as chapter 26.21A
				  RCW) determines which state, tribe or country may modify the order.
(2) If the order specifically states how the
				  amount of support may be adjusted, the division of child support (DCS) may
				  bring an administrative action under
				  RCW
				   26.23.110 and WAC
				  388-14A-3310.
(3) As provided in WAC
				  388-14A-3900,
				  DCS may review any support order to determine whether DCS should petition to
				  modify the support provisions of the order.
(4) Either DCS, the CP or the NCP may
				  petition to modify an administrative order under WAC
				  388-14A-3925.
				  Acting as a responding jurisdiction, DCS may petition to modify an
				  administrative order at the request of the initiating jurisdiction.
(5) Under appropriate circumstances, an
				  administrative support order may be vacated. See WAC
				  388-14A-3700.
(6) Child support orders may be changed under
				  WAC 388-14A-3940 to include abatement language for purposes of abatement as
				  required by this chapter.
Statutory Authority:
						RCW
						 26.23.120,
						34.05.350(1)(b),
						43.20A.550,
						74.04.055,
						74.08.090,
						74.20.040(9),
						74.20A.310 and 45 C.F.R. Parts
						301.1, 302.36, 303.7, 303.11, 305.63, and 308.2. 13-01-075, §
						388-14A-3800, filed 12/18/12, effective 1/18/13. Statutory Authority:
						RCW
						 74.08.090,
						34.05.310(4)(d),
						chapter 26.19 RCW,
						RCW
						 34.05.220(1),
						74.20A.055,
						74.20A.056. 03-20-072, §
						388-14A-3800, filed 9/29/03, effective 10/30/03. Statutory Authority:
						RCW
						 74.08.090, chapter 26.19 RCW, 34.05.220(1),
						74.20A.055, 74.20A.056. 01-03-089, § 388-14A-3800, filed 1/17/01,
						effective 2/17/01. Formerly WAC
						388-11-140.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3810 - Once an administrative child support order is entered, how long does the support obligation last?

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  noncustodial parent's obligation to pay support under an administrative order
				  continues until:
(a) A superior or tribal
				  court order supersedes the order, either as provided by
				  RCW
				   74.20A.055(7) or by the
				  Uniform Interstate Family Support Act (UIFSA);
(b) The order is modified under WAC
				  388-14A-3925;
(c) The child reaches eighteen years of
				  age;
(d) The child is
				  emancipated;
(e) The child
				  marries;
(f) The child becomes a
				  member of the United States armed forces;
(g) The child or the responsible parent
				  die;
(h) A responsible stepparent's
				  marriage is dissolved;
(i) The
				  parties to the order marry or remarry, as provided in WAC
				  388-14A-3100(3);
				  or
(j) A superior court order
				  terminates the responsible parent's liability as provided under
				  RCW
				   26.16.205.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3850 - When may someone ask for a temporary support order?

Current through Register Vol. 24-14, July 15, 2024
(1) There are two times when a temporary
				  support order is appropriate in the course of an administrative hearing:
(a) If in a hearing to establish a support
				  obligation or to determine the amount due under an existing order, the
				  administrative law judge (ALJ) postpones the hearing. A postponement is also
				  called a continuance (see WAC
				  388-14A-3855); or
(b) If any party files a petition for review
				  of an initial decision which establishes or determines a current support
				  obligation (see WAC
				  388-14A-3860).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3855 - How does a party request a temporary order when the hearing is continued?

Current through Register Vol. 24-14, July 15, 2024
(1) A party may
				  make a request that a scheduled hearing be postponed either prior to the date
				  of the hearing, or on the date of the hearing.
(2) When the administrative law judge (ALJ)
				  grants a continuance prior to the day of hearing, a party must request entry of
				  a temporary support order at the time the ALJ rules on the request for
				  continuance.
(3) When the ALJ
				  grants a continuance on the day of hearing, a party must request entry of a
				  temporary support order before the hearing is adjourned.
(4) When a party requests a temporary support
				  order due to a continuance, the ALJ must either:
(a) Conduct a temporary order hearing at the
				  same time the ALJ hears the motion for continuance; or
(b) Set a time and date within ten business
				  days when the ALJ will hear testimony on the need for and amount of a temporary
				  order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3860 - How does a party request a temporary order when a petition for review has been filed?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  temporary order is requested because of the filing of a petition for review, a
				  party must request the temporary order within ten days of:
(a) The date that party files the petition
				  for review; or
(b) The date that
				  party receives notice that another party has filed a petition for
				  review.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3865 - Duties of the administrative law judge when a party requests a temporary support order

Current through Register Vol. 24-14, July 15, 2024
(1) An
				  administrative law judge (ALJ) who hears a request for a temporary support
				  order must:
(a) Issue a written order which
				  either:
(i) Determines the responsible
				  parent's current and future support obligation beginning no later than the
				  month following the hearing; or
(ii) Denies the request for a temporary
				  support order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3870 - When does a temporary support order end?

Current through Register Vol. 24-14, July 15, 2024
(1) A temporary support order ends on the
				  date an initial decision becomes a final order or on the date of a review
				  decision, if any, whichever is later.
(2) If the parties settle all issues in the
				  case by signing an agreed settlement or consent order, the temporary support
				  order ends on the date the agreed settlement or consent order becomes a final
				  order.
Statutory Authority:
						RCW
						74.20A.055 and
						74.08.090. 00-09-076, §
						388-14A-3870, filed 4/18/00, effective 5/19/00. Formerly WAC
						388-11-315.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3875 - What if a party does not agree with a temporary support order?

Current through Register Vol. 24-14, July 15, 2024
(1) A temporary
				  support order or the denial of a TSO is not an initial decision subject to
				  review under WAC
				  388-02-0560. This means that no
				  party has the right to file a petition for review of a temporary support
				  order.
(2) The terms of a temporary
				  order are not binding on the administrative law judge (ALJ) who later enters
				  the initial decision in the matter.
(3) The issuance of a temporary support order
				  does not affect any party's right to ask for review of the initial decision
				  subsequently entered in the matter.
Statutory Authority:
						RCW
						74.08.090,
						34.05.310(4)(d)
						and 74.20A.055. 03-20-072, §
						388-14A-3875, filed 9/29/03, effective 10/30/03. Statutory Authority:
						RCW
						 74.20A.055 and
						74.08.090. 00-09-076, §
						388-14A-3875, filed 4/18/00, effective 5/19/00. Formerly WAC
						388-11-315.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3900 - Does DCS review my support order to see if it should be modified?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) is providing support enforcement services under
				  Title IV-D of the Social Security Act, DCS must:
(a) Review a superior court or administrative
				  order for child support to determine whether DCS will petition to modify the
				  child support provisions of the order; or
(b) Evaluate an intergovernmental case to
				  determine whether to refer the case to an Indian tribe or another state or
				  country for review of the support order for modification.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3901 - Under what circumstances does DCS review a support order for modification?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) reviews child support orders under WAC
				  388-14A-3900
				  when DCS has enough locate information to obtain personal service on both
				  parties to the order; and:
(a) The department
				  is paying public assistance or has determined that the children are eligible
				  for medical assistance, and thirty-five months have passed since:
(i) DCS last reviewed the order under this
				  section;
(ii) The order was last
				  modified; or
(iii) The order was
				  entered; or
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3902 - How does DCS notify me that my order is eligible for review for modification?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) must:
(a)
				  Notify recipients of support enforcement services, that the review and
				  modification process is available; and
(b) Send notice of a pending review by
				  regular mail to the last known address of the parties to the order thirty days
				  before the review. The notice explains the parties':
(i) Rights in the review and modification
				  process; and
(ii) Responsibility to
				  submit:
(A) Completed Washington state child
				  support schedule worksheets; and
(B) Income verification as required by the
				  Washington state child support schedule, chapter 26.19 RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3903 - How does DCS decide whether to petition for modification of a support order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) petitions to modify a support order when DCS finds during
				  the review that each of the following conditions are present:
(a) The proposed change in child support
				  based on the Washington state child support schedule:
(i) Is at least fifteen percent above or
				  below the current support obligation;
(ii) Is at least one hundred dollars per
				  month above or below the current support obligation; and
(iii) Is at least a two thousand four hundred
				  dollar change over the remaining life of the support order; or
(iv) Will provide enough income to:
(A) Make the family ineligible for public
				  assistance if the noncustodial parent (NCP) pays the full amount due under the
				  proposed order; or
(B) Allow a
				  family, otherwise eligible for public assistance, to remain off of
				  assistance.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3904 - How do I find out the results of DCS' review for modification?

Current through Register Vol. 24-14, July 15, 2024
After reviewing a case under WAC
					 388-14A-3903, the division of
					 child support (DCS) notifies the parties of:
(1) The findings of the review by regular
				  mail at the parties' last known address;
(2) The parties' right to challenge the
				  review findings; and
(3) The
				  appropriate forum and procedure for challenging the review findings.
Statutory Authority:
						RCW
						74.08.090,  45 C.F.R. 302.70,
						45 C.F.R.
						303.7,
						45 C.F.R.
						303.8. 01-03-089, § 388-14A-3904, filed
						1/17/01, effective 2/17/01. Formerly WAC
						388-11-143.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3905 - What if I don't agree with DCS' findings after review?

Current through Register Vol. 24-14, July 15, 2024
(1) Except as provided under subsection (3)
				  of this section, a party to the review process may contest DCS's review
				  findings by requesting a modification conference within thirty days of the date
				  of the notice of review findings.
(2) The modification conference is conducted
				  by:
(a) DCS when the review findings indicate
				  that the case is not appropriate for DCS to petition for modification under WAC
				  388-14A-3903;
(b) The county prosecutor, or the attorney
				  general's office when DCS has referred the case to the prosecutor or attorney
				  general's office as a result of a review conducted under this
				  section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3906 - Are there times when DCS does not review an order which would otherwise qualify for review?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) does not review an
					 order under this section when the community services office (CSO) has notified
					 DCS that the custodial parent (CP) has claimed good cause under WAC
					 388-422-0020, unless the CP
					 requests the review.
Statutory Authority:
						RCW
						74.08.090,  45 C.F.R. 302.70,
						45 C.F.R.
						303.7,
						45 C.F.R.
						303.8. 01-03-089, § 388-14A-3906, filed
						1/17/01, effective 2/17/01. Formerly WAC
						388-11-143.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3907 - DCS uses the Washington state child support schedule for reviewing orders for modification

Current through Register Vol. 24-14, July 15, 2024
(1) DCS applies
				  the Washington state child support schedule when reviewing support orders under
				  this section. All deviations available under chapter 26.19 RCW are available in
				  the review and modification process under this section.
(2) For the purpose of this section and WAC
				  388-14A-3900 through
				  388-14A-3906, the term "party"
				  means a party to a superior court order, or a noncustodial parent or a
				  custodial parent entitled to petition for modification under
				  RCW
				   74.20A.059.
Statutory Authority:
						RCW
						74.08.090, chapter 26.19 RCW,  45 C.F.R. 302.70, 45 C.F.R.
						303.7, 45 C .F.R. 303.8. 01-03-089, §
						388-14A-3907, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-143.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3925 - Who can ask to modify an administrative support order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS), the
				  custodial parent (CP) or the noncustodial parent (NCP) may file a petition and
				  request a hearing to prospectively modify an administrative order for child
				  support. The request must be in writing and must state:
(a) Any circumstances that have
				  changed;
(b) Any relief requested;
				  and
(c) The proposed new support
				  amount.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3935 - What does DCS do with respect to abatement when it learns the noncustodial parent is an incarcerated parent?

Current through Register Vol. 24-14, July 15, 2024
(1)
				  If the child support order contains abatement language, the division of child
				  support (DCS) administers the abatement under WAC 388-14A-3945.
(2) If the child support order was entered in
				  Washington state and does not contain abatement language, DCS refers the child
				  support order to the appropriate tribunal for the limited purpose of adding
				  abatement language under WAC 388-14A-3940, except as provided in subsection (3)
				  of this section.
(3) DCS may review
				  for modification under WAC
				  388-14A-3901
				  when the child support order does not contain abatement language and the
				  department is paying public assistance for the child or children.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3940 - Who can ask to add abatement language to an administrative support order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS), the custodial parent (CP), or the noncustodial parent
				  (NCP) may file a petition and request a hearing under chapter 26.09 RCW for the
				  limited purpose of adding abatement language to an administrative order for
				  child support.
(2) The petitioning
				  party must submit the request to add abatement language to DCS.
(3) Acting as a responding jurisdiction, DCS
				  may file a petition for the limited purposes of adding abatement language to an
				  administrative order for child support on behalf of an initiating jurisdiction
				  in an intergovernmental case.
(4)
				  OAH serves a copy of the request to add abatement language and notice of
				  hearing on all other parties by regular mail at their last known
				  address.
(5) A hearing under this
				  section:
(a) Is for the limited purpose of
				  determining whether statutorily required abatement language under
				  RCW
				   26.09.335 should be added to the
				  administrative support order;
(b)
				  Is separate from the administration of the abatement by DCS under WAC
				  388-14A-3945;
(c) Does not
				  otherwise modify or adjust the administrative support order; and
(d) Does not impact DCS's or any party's
				  right to request a prospective modification of the administrative support order
				  under WAC
				  388-14A-3925.
(e) Does not impact when DCS reviews a
				  support order for modification under WAC
				  388-14A-3901.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3945 - How does DCS administer abatement of an incarcerated person's child support order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) abates a noncustodial parent's (NCP's) child support order
				  under this chapter when it learns that the NCP is an incarcerated person and
				  all of the following are true:
(a) The NCP is
				  incarcerated for or begins serving a sentence of at least six months in
				  confinement;
(b) The child support
				  order contains abatement language; and
(c) DCS has reviewed its records and
				  determines the NCP has no access to or possession of income or assets to pay
				  child support while incarcerated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3950 - What does DCS do to reinstate the support order when the NCP is released from confinement?

Current through Register Vol. 24-14, July 15, 2024
(1) Unless
				  otherwise specified in a court or administrative order, the support order is
				  automatically reinstated as follows:
(a)
				  Effective the first day of the fourth full month after the NCP is released from
				  confinement, support is reinstated at fifty percent of the support amount
				  provided in the underlying order, but not less than the presumed minimum
				  obligation of $50 per month per child; and
(b) Effective one year after release from
				  confinement, support is reinstated at one hundred percent of the support amount
				  provided in the underlying order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3955 - What does DCS do when it determines an incarcerated person's support order should not be abated?

Current through Register Vol. 24-14, July 15, 2024
(1) If DCS reviews
				  its records and determines the NCP has access to or possession of income or
				  assets to pay child support while incarcerated, DCS sends a notice regarding
				  non-abatement of child support, sometimes called the notice regarding
				  non-abatement, to the NCP and a copy to the custodial parent (CP).
(a) There is a rebuttable presumption that an
				  incarcerated person has no access to or possession of income or assets
				  available to pay child support while incarcerated.
(b) The notice regarding non-abatement
				  includes the reason or reasons DCS believes it has rebutted the presumption
				  that the NCP is unable to pay their child support obligation while
				  incarcerated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3960 - What happens at a hearing on a notice regarding non-abatement of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  noncustodial parent (NCP) or custodial parent (CP) may request a hearing on a
				  notice regarding non-abatement of child support, sometimes called the notice
				  regarding non-abatement.
(2) The
				  purpose of the hearing is for the administrative law judge (ALJ) to determine
				  whether DCS's notice is upheld or dismissed.
(3) The ALJ must allow DCS to orally amend
				  the notice regarding non-abatement at the hearing to conform to the evidence.
				  The ALJ may grant a continuance, if necessary, to allow the parties additional
				  time to present evidence or argument in response to the amendment.
(4) The administrative law judge issues an
				  order:
(a) Upholding DCS's determination that
				  support should not be abated because the NCP has access to or possession of
				  income or assets to pay child support while incarcerated; or
(b) Dismissing the notice regarding
				  non-abatement because the NCP does not have access to or possession of income
				  or assets to pay child support while incarcerated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3965 - What happens at a hearing on a notice of abatement?

Current through Register Vol. 24-14, July 15, 2024
(1) The custodial
				  parent (CP) has the burden of proof to demonstrate to the administrative law
				  judge (ALJ) that the NCP has access to or possession of income or assets to pay
				  child support while incarcerated.
(2) Any party to the hearing may show good
				  cause why the abatement should end and support reinstate at a date other than
				  what is specified in WAC 388-14A-3945.
(3) The ALJ must allow DCS to orally amend
				  the notice of abatement at the hearing to conform to the evidence. The ALJ may
				  grant a continuance, if necessary, to allow the parties additional time to
				  present evidence or argument in response to the amendment.
(4) The administrative law judge issues an
				  order:
(a) Upholding the notice of
				  abatement;
(b) Upholding the notice
				  of abatement and, upon a finding of good cause, specifying the date abatement
				  ends; or
(c) Dismissing the notice
				  of abatement because the objecting party met the burden of proof to show that
				  NCP has access to or possession of income or assets to pay child support while
				  incarcerated.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3970 - Who may request to terminate or reverse an abatement?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of child support (DCS), the
				  custodial parent (CP), or the noncustodial parent (NCP) may submit a request to
				  terminate or reverse an abatement at any time during the period of abatement.
				  The request must be in writing.
(a) If DCS or
				  the CP is the requesting party, they must include documents or other evidence
				  demonstrating that the NCP has access to or possession of income or assets to
				  pay child support while incarcerated.
(b) If the NCP is the requesting party, no
				  supporting documents are required.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY › Section 388-14A-3975 - What happens at a hearing to terminate or reverse an abatement?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  requesting party was required to submit supporting documents and did not do so,
				  any other party may file a motion to dismiss. The requesting party may ask for
				  a continuance to provide supporting documents.
(2) If the hearing is dismissed because
				  supporting documents were not submitted, the requesting party may file a
				  petition to vacate the dismissal.
(3) If a hearing is held, the ALJ may reverse
				  the abatement or terminate the abatement on a specific date upon a finding that
				  the NCP has access to or possession of assets or income to provide support
				  while incarcerated.
(4) If the
				  requesting party fails to appear after being sent a notice of hearing, the
				  request must be dismissed.
(5)
				  Depending on the type of evidence provided at the hearing, the ALJ may order
				  that the abatement of the support order be:
(a) Reversed, meaning that the determination
				  that support should be abated is vacated and all amounts owed under the support
				  order are reinstated; or
(b)
				  Terminated, meaning that the abatement of support ends as of the date specified
				  in the 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-4000 - When may the division of child support take collection action against a noncustodial parent?

Current through Register Vol. 24-14, July 15, 2024
(1)Chapters
				  26.18,
				  26.23,
				  74.20 and
				  74.20A RCW authorize the division
				  of child support (DCS) to take actions enforcing and collecting support
				  obligations.
(2) DCS may take
				  collection action against the noncustodial parent's income and assets to
				  collect a support debt even if the NCP is making payments under a support
				  order, unless DCS agrees in writing to limit collection action.
(3) If the NCP fails to make the total
				  support payment under an administrative order when it is due:
(a) The entire support debt becomes due in
				  full; and
(b) The portion of the
				  administrative order requiring periodic payments on the support debt is
				  automatically vacated without modifying the 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-4010 - Can I make the division of child support stop collection action against me?

Current through Register Vol. 24-14, July 15, 2024
(1) Once a
				  noncustodial parent (NCP) fails to make payments when due, an administrative
				  law judge may not stop collection action by DCS.
(2) The NCP may contest collection action by:
(a) Filing an action in superior court under
				  RCW  74.20A.200 or other applicable statutes; or
(b) Requesting a conference board under WAC
				  388-14A-6400.
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-4020 - What collection tools does the division of child support use?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) uses any remedies
					 available under state and federal law to enforce support obligations. These
					 include, but are not limited to:
(1)
				  Payroll deduction notice under
				  RCW
				   26.23.060;
(2) Order to withhold and deliver under
				  RCW
				   74.20A.080;
(3) Wage assignment;
(4) License suspension (see WAC
				  388-14A-4500);
(5) The DCS most wanted internet site (see
				  WAC 388-14A-4600);
(6) Federal income tax offset;
(7) Asset seizure;
(8) Liens;
(9) Medical insurance enrollment;
				  and
(10) Contempt
				  referral.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-4020,
						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 D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS › Section 388-14A-4030 - How can the division of child support collect child support from my wages or other income source?

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) uses a payroll deduction, order to withhold and
				  deliver or wage assignment to collect support when the noncustodial parent
				  (NCP) has a source of income.
(2)
				  When an NCP does not have an identifiable employer or source of income, DCS
				  uses any or all of the collection remedies available under
				  chapters
				  26.23,
				  74.20 and
				  74.20A RCW.
(3) If the NCP's source of income is an
				  Indian tribe or tribal enterprise, DCS may seek collection remedies through
				  tribal court.
Statutory Authority:
						RCW
						74.08.090,  45 C.F.R. 302.33(a)(5). 01-03-089,
						§ 388-14A-4030, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-11-170.
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-4040 - DCS can serve some collection actions by electronic service

Current through Register Vol. 24-14, July 15, 2024
(1) An employer, or
				  any other person, firm, corporation or political subdivision, or any department
				  of the state or federal government may agree with the division of child support
				  (DCS) to accept electronic data transmission (EDT) as service of the following
				  documents:
(a) Notice of payroll deduction
				  under RCW
				   26.23.060;
(b) Order to withhold and deliver under
				  RCW
				   74.20A.080;
(c) Assignment of earnings under
				  RCW
				   74.20A.240;
(d) Notice of enrollment or National Medical
				  Support Notice (NMSN) under
				  RCW
				   26.18.170(2)(a)(iv);
(e) Releases of any of these collection
				  documents; and
(f) Amendments in
				  the amount to be withheld under any of these collection documents.
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-4100 - How does the division of child support enforce my obligation to provide health care coverage for my children?

Current through Register Vol. 24-14, July 15, 2024
(1) If a child support order requires a
				  parent to provide health care coverage for the children named in the order, the
				  division of child support (DCS) attempts to enforce that requirement according
				  to the terms of the order.
(2) A
				  parent required to provide medical support or health care coverage for a child
				  is called the obligated parent, and can be either the custodial parent (CP) or
				  the noncustodial parent (NCP).
(3)
				  WAC
				  388-14A-4111
				  and
				  388-14A-4112
				  describe when DCS may accept or decline a request to enforce a medical support
				  obligation.
(4) When DCS is
				  enforcing a support order which contains a specific dollar limit for the cost
				  of health care coverage premiums or provides for coverage which is available at
				  no cost to the obligated parent, DCS does not require the obligated parent to
				  provide health care coverage if coverage is not available within the
				  limitations of the order.
(5) When
				  DCS is enforcing a support order entered in Washington on or after October 1,
				  2009, providing that either or both parents must provide coverage and/or a
				  proportionate share of uninsured medical expenses as part of the medical
				  support obligation under
				  RCW
				   26.09.105, the rules in this subsection apply
				  unless the support order specifies differently:
(a) The obligated parent must provide health
				  care coverage for the dependent children covered by the order if coverage is:
(i) Available or becomes available through
				  accessible health care coverage which is not provided through the obligated
				  parent's employer or union; or
(ii)
				  Available or becomes available through the obligated parent's employment or
				  union at a cost that is not more than twenty-five percent of the obligated
				  parent's basic support obligation.
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-4110 - If my support order requires me to provide medical support for my children, what do I have to do?

Current through Register Vol. 24-14, July 15, 2024
(1) Once a
				  support order is entered requiring medical support, the obligated parent must
				  take the following actions within twenty days:
(a) Provide health care coverage;
				  and
(b) Provide proof of coverage
				  to the other parent and to the division of child support (DCS), such as:
(i) The name of the insurer providing the
				  health insurance coverage or the type of public health care coverage provided
				  by the obligated parent;
(ii) The
				  names of the beneficiaries covered;
(iii) The policy number;
(iv) That coverage is current; and
(v) The name and address of the obligated
				  parent's 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-4111 - When may DCS decline a request to enforce a medical support obligation?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) may decline to enforce
					 a medical support obligation using the remedies available under
					 RCW
					  26.09.105,
					 26.18.170 and
					 26.23.110 if one or more of the following apply:
(1) The medical support obligation is imposed
				  by a child support order that was not entered in a court or administrative
				  forum of the state of Washington;
(2) The department of social and health
				  services is not paying public assistance or providing foster care
				  services;
(3) The party requesting
				  enforcement of the medical support obligation does not have an open IV-D case
				  with DCS for the child;
(4) The
				  party requesting enforcement of the medical support obligation is not a parent
				  of the child for whom the medical support obligation was established;
(5) The party is requesting reimbursement of
				  the obligated parent's proportionate share of medical premium costs, and the
				  obligated parent is currently providing accessible health care coverage for the
				  child;
(6) The party requesting
				  enforcement of the medical support obligation is not a former recipient of
				  public assistance as described in WAC
				  388-14A-2000(2)(d);
(7) DCS has not received a request for
				  services from a child support agency in another state or a child support agency
				  of an Indian tribe or foreign country;
(8) The party requesting enforcement of the
				  medical support obligation has not applied for full support enforcement
				  services;
(9) The party requesting
				  enforcement of the medical support obligation does not qualify as a party who
				  can receive child support enforcement services from DCS under WAC
				  388-14A-2000;
(10) The case does not meet the requirements
				  for provision of support enforcement services from DCS under WAC
				  388-14A-2010;
(11) DCS denies the application under WAC
				  388-14A-2020;
(12) The party requesting enforcement of the
				  medical support obligation does not provide proof of payment, any required
				  forms, and/or the declaration under penalty of perjury required under WAC
				  388-14A-3312;
(13) The case meets one or more of the
				  reasons set out in WAC
				  388-14A-4112(2)
				 that DCS does not enforce a custodial parent's obligation to provide medical
				  support.
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-4111, filed 5/19/11, effective
						6/19/11.
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-4112 - When does the division of child support enforce a custodial parent's obligation to provide medical support?

Current through Register Vol. 24-14, July 15, 2024
(1) A noncustodial parent (NCP) may file an
				  application for full child support enforcement services and specifically
				  request that the division of child support (DCS) enforce the medical support
				  obligation of the custodial parent (CP). WAC
				  388-14A-4111
				  describes when DCS may accept or decline a request to enforce a medical support
				  obligation.
(2) DCS does not
				  enforce the CP's medical support obligation unless the NCP files an application
				  for nonassistance support enforcement services under WAC
				  388-14A-2000(2)(c).
				  The NCP must specify whether he or she is requesting that DCS enforce the CP's
				  obligation to provide:
(a) The CP's
				  proportionate share of uninsured medical expenses;
(b) Health care coverage (including the
				  possibility of a monthly payment toward the premium paid by the NCP for
				  coverage of the children named in the order when appropriate); or
(c) Both.