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 E - DISTRIBUTION ISSUES › Section 388-14A-5525 - What happens at the hearing on a notice of retained support?

Current through Register Vol. 24-14, July 15, 2024
(1) An
				  administrative hearing on a notice of retained support is limited to the
				  determination of the ownership of the amounts claimed in the notice or the
				  reasonableness of a repayment agreement offered to a public assistance
				  recipient for recovering child support under
				  RCW
				   74.20A.270 and WAC
				  388-14A-5505.
(2) The department has the burden of proof to
				  establish ownership of the support money claimed, including but not limited to
				  amounts not yet disbursed or spent.
(3) The administrative law judge (ALJ) must
				  allow the division of child support (DCS) to orally amend the notice of
				  retained support at the hearing to conform to the evidence. The ALJ may grant a
				  continuance, if necessary, to allow the debtor additional time to present
				  evidence or argument in response to the amendment.
(4) The ALJ serves a copy of the initial
				  decision on DCS and the debtor or the debtor's representative by first class
				  mail to the last address provided by each party.
(5) If the debtor fails to appear at the
				  hearing, the ALJ, upon a showing of valid service of the notice of retained
				  support, enters an initial decision and order declaring that the amount of the
				  support money claimed in the notice, is subject to collection action under
				  chapter
				  74.20A RCW.
Statutory Authority:
						RCW
						34.05.220(1),
						74.08.090,
						74.20A.055,
						74.20A.056. 02-06-098, §
						388-14A-5525, filed 3/4/02, effective 4/4/02. Statutory Authority:
						RCW
						 74.08.090,
						34.05.220. 01-03-089, §
						388-14A-5525, filed 1/17/01, effective 2/17/01. Formerly WAC 388-13-070 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-5530 - Can I request a late hearing on a notice of retained support?

Current through Register Vol. 24-14, July 15, 2024
(1) Within one year
				  from the date the division of child support (DCS) serves a notice of retained
				  support, the person, firm, corporation, association, political subdivision or
				  any officer or agent thereof may petition DCS for a hearing, upon a showing of
				  any of the grounds listed in
				  RCW
				   4.72.010 or CR 60.
(2) A copy of the objection must be served by
				  first class mail on the district field office of DCS.
(3) The filing of the petition does not stay
				  any collection action that DCS has taken, but the debtor may petition the
				  secretary or the secretary's designee for an order staying collection action
				  pending final decision of the secretary or the secretary's designee or the
				  courts on an appeal made under
				  chapter
				  34.05 RCW.
(4) Any money held or taken by collection
				  action before any such stay and any support money claimed by the department,
				  including amounts to be received in the future, to which the department may
				  have a claim, must be held in trust pending the final decision and appeal, if
				  any, to be disbursed in accordance with the final decision.
(5) If someone files a petition for a
				  hearing, the department serves the notice of hearing on the appellant, the
				  appellant's attorney, or other designated representative by first class
				  mail.
(6) The department notifies
				  the appellant that the appellant must notify the department of the appellant's
				  mailing address at the time the petition is filed and also of any change of
				  address after filing the petition. 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-5530, filed 3/4/02, effective 4/4/02. Statutory Authority:
						RCW
						 74.08.090,
						34.05.220. 01-03-089, §
						388-14A-5530, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-13-050.
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-5535 - How does DCS collect a debt established on a notice of retained support?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) may take action under
					 chapter
					 74.20A RCW to collect
					 debts determined under WAC
					 388-14A-5505.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-5535,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-13-085.
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-5540 - Can I just acknowledge that I owe money to the division of child support?

Current through Register Vol. 24-14, July 15, 2024
If you answer the notice of retained support acknowledging
					 that the department owns the support payments in question, the division of
					 child support (DCS) may take collection action under
					 chapter
					 74.20A RCW if you fail to
					 pay the debt within twenty-one days of the date DCS receives the
					 answer.
Statutory Authority:
						RCW
						74.08.090. 01-03-089, § 388-14A-5540,
						filed 1/17/01, effective 2/17/01. Formerly WAC
						388-13-100.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6000 - Which statutes and regulations govern the division of child support's hearing process?

Current through Register Vol. 24-14, July 15, 2024
(1) Hearings under
				  this chapter are governed by:
(a) The
				  Administrative Procedure Act,
				  chapter
				  34.05 RCW,
				  RCW
				   74.20A.055; and
(b)Chapter 388-02 WAC.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6100 - The division of child support accepts oral requests for hearing or conference board

Current through Register Vol. 24-14, July 15, 2024
(1) Except for the
				  instances listed in subsections (8) and (9), the division of child support
				  (DCS) accepts either a written or an oral request for hearing or conference
				  board, even though other sections of this chapter or the relevant statutes may
				  provide that objections and hearing requests should be in writing.
(2) The subject matter of the objection
				  determines whether the matter is set as a conference board or hearing, unless
				  there is a specific request for an administrative hearing under chapter 34.05
				  RCW.
(3) DCS processes oral and
				  written requests for hearing in the same manner.
(4) An oral request for hearing is complete
				  if it contains enough information to identify the person making the request,
				  the DCS action, and the case or cases involved in the hearing
				  request.
(5) The effective date of
				  an oral request for hearing is the date that someone makes a complete oral
				  request for hearing, to any DCS representative in person or by leaving a
				  message on the automated voice mail system of any DCS field office.
(6) When making an oral request, you do not
				  need to specify whether you want a hearing under chapter 34.05 RCW or a
				  conference board under WAC
				  388-14A-6400.
(7) You can make an oral request for hearing
				  or conference board on behalf of another person, if you have written
				  authorization to act on their behalf. The effective date of an oral request for
				  hearing or conference board made on behalf of another person is the later of
				  the date of the complete oral request for hearing or the date that DCS receives
				  the written authorization.
(8)
				  There are three types of hearing requests which must be in writing:
(a) A petition for prospective modification
				  under WAC
				  388-14A-3925;
(b) A petition for reimbursement for day care
				  expenses under WAC
				  388-14A-4300;
				  and
(c) A request to terminate or
				  reverse an abatement under WAC 388-14A-3960.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6105 - What is the difference between an initial order and a final order in a hearing involving the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) In an administrative hearing involving
				  the DSHS division of child support (DCS), the administrative law judge (ALJ)
				  enters either an initial order, which is subject to review, or a final order,
				  which is not subject to review.
(2)
				  The terms
"initial order,"
"final order"
and
"review"
are defined in WAC
				  388-02-0010, and those
				  definitions are repeated here for ease of reference:
(a)
"Initial order"
is a hearing
				  decision made by an ALJ that may be reviewed by a review judge pursuant to WAC
				  388-02-0215(4).
				  An initial order is sometimes called an
"initial
				  decision."
(b)
"Final
				  order"
means an order that is the final DSHS decision.
(c)
"Review"
means the act of
				  reviewing initial orders and making the final agency decision as provided by
				  RCW
				   34.05.464.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6110 - When must an ALJ enter an initial order in a DCS hearing proceeding?

Current through Register Vol. 24-14, July 15, 2024
An administrative law judge (ALJ) must enter an initial
					 order in a division of child support (DCS) hearing proceeding if:
(1) The case involves the disclosure of a
				  party's address under WAC
				  388-14A-2114 through
				  388-14A-2140;
(2) A custodial parent (CP) or noncustodial
				  parent (NCP) files a hearing request before November 15, 2002;
(3) A CP or NCP files a petition for
				  modification with DCS or the office of administrative headings (OAH) before
				  November 15, 2002; or
(4) DCS
				  petitions for modification of an administrative order, and either the NCP or
				  the CP is served with the notice of hearing before November 15, 2002.
Statutory Authority:
						RCW
						34.05.220(1),
						74.08.090,
						74.20A.056,
						74.20A.310,
						26.26.315,
						26.26.320,
						26.26.330,
						26.26.335,
						74.20A.055, 2002 c 302, and 2002 c
						199. 03-17-013, § 388-14A-6110, filed 8/12/03, effective
						9/12/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6115 - When must an ALJ enter a final order in a DCS hearing proceeding?

Current through Register Vol. 24-14, July 15, 2024
Except for cases regarding address disclosure under WAC
					 388-14A-2114 through
					 388-14A-2140, an administrative
					 law judge (ALJ) must enter a final order in a DCS hearing proceeding if:
(1) A custodial parent (CP) or noncustodial
				  parent (NCP) files a hearing request on or after November 15, 2002;
(2) An NCP or CP files a petition for
				  modification with DCS or the office of administrative hearings (OAH) on or
				  after November 15, 2002;
(3) DCS
				  petitions for modification of an administrative order, and neither the NCP nor
				  the CP is served before November 15, 2002.
Statutory Authority:
						RCW
						34.05.220(1),
						74.08.090,
						74.20A.056,
						74.20A.310,
						26.26.315,
						26.26.320,
						26.26.330,
						26.26.335,
						74.20A.055, 2002 c 302, and 2002 c
						199. 03-17-013, § 388-14A-6115, filed 8/12/03, effective
						9/12/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6120 - What can I do if I do not agree with an initial order or final order entered by an administrative law judge?

Current through Register Vol. 24-14, July 15, 2024
(1) Except for the DCS representative, any
				  party to an initial order entered by an administrative law judge (ALJ) has the
				  right to request review pursuant to chapter 388-02 WAC.
(2) No party may request administrative
				  review of a final order entered by an ALJ.
(3) Any party to an initial order or a final
				  order may petition to vacate an order of dismissal or default, pursuant to WAC
				  388-14A-3700 and
				  388-14A-6150.
(4) Any party to an initial order or final
				  order may request correction of a clerical error in the order, pursuant to WAC
				  388-02-0540 through
				  388-02-0555.
(5) Any party to a final order may request
				  reconsideration of the order, pursuant to WAC
				  388-02-0605 through
				  388-02-0635.
(6) Except for the DCS representative, any
				  party to a final order may petition for judicial review, pursuant to
				  RCW
				   34.05.510 through
				  34.05.598. You do not need to
				  request reconsideration of the order before you petition for judicial
				  review.
Statutory Authority:
						RCW
						34.05.220(1),
						74.08.090,
						74.20A.056,
						74.20A.310,
						26.26.315,
						26.26.320,
						26.26.330,
						26.26.335,
						74.20A.055, 2002 c 302, and 2002 c
						199. 03-17-013, § 388-14A-6120, filed 8/12/03, effective
						9/12/03.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6125 - When does an initial order or final order entered by an ALJ become enforceable?

Current through Register Vol. 24-14, July 15, 2024
(1) If no party
				  requests review within twenty-one days of the date OAH mailed an initial order,
				  the DSHS division of child support (DCS) may take enforcement action on the
				  twenty-second day after OAH mailed the order.
(2) DCS may take enforcement action on a
				  final order immediately upon entry of the order.
(a) Even if a party files a request for
				  reconsideration, a request to correct a clerical error, a petition to vacate,
				  or a petition for judicial review, DCS does not stop enforcement of the
				  order.
(b) To stop DCS from
				  enforcing a final order, you must obtain a court order staying (stopping)
				  enforcement of the order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6150 - What can I do if there was a default order entered against me in an administrative hearing?

Current through Register Vol. 24-14, July 15, 2024
(1) Any party
				  against whom the administrative law judge (ALJ) has entered an initial decision
				  and order on default may petition the DSHS board of appeals for vacation of the
				  default order, subject to the provisions, including time limits, of civil rule
				  60.
(2) Specific rules on
				  administrative support establishment notices are in WAC
				  388-14A-3700.
(3) Upon receipt of a request to vacate a
				  default order, the department must ask the office of administrative hearings
				  (OAH) to:
(a) Schedule a hearing to determine
				  whether or not the petitioner has good cause for vacating the default order;
				  and
(b) Give any other parties to
				  the hearing notice of the time and date of the hearing. The notice is sent to
				  the party's last known address.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6200 - What remedies are available to contest the division of child support's seizure of my bank account?

Current through Register Vol. 24-14, July 15, 2024
(1) If the
				  division of child support (DCS) takes collection action against a bank account,
				  safe deposit box, or other property held by a bank, credit union or savings and
				  loan (collectively, "the account"), the noncustodial parent (NCP) or the joint
				  owner of record of the account may contest the action in a hearing.
(2) The effective date of a hearing request
				  or objection is the date DCS receives the request.
(3) The NCP or the joint owner must file the
				  objection within twenty days of the date DCS mailed a copy of the order to
				  withhold and deliver to the NCP's last known address.
(4) The NCP or joint owner of record must
				  state in the objection the facts supporting the allegation by the NCP or the
				  joint owner that the account, or a portion of the account is exempt from
				  satisfaction of the NCP's child support obligation.
(5) If either the NCP or the joint owner of
				  record objects to the collection action, DCS schedules a hearing solely for the
				  purpose of determining whether or not one of the following exemptions applies
				  to the account attached by the order to withhold and deliver:
(a) Pursuant to
				  RCW
				   26.16.200 and
				  74.20A.120, the property or funds
				  in the community bank account, joint bank account, or safe deposit box, or a
				  portion of the property or funds which can be identified as the earnings of the
				  NCP's spouse who does not owe a support obligation to the NCP's child or
				  children, are exempt from satisfaction of the child support obligation of the
				  NCP.
(b) The funds in a bank
				  account, or a portion of those funds can be identified as TANF, GA-U, GA-X, SSI
				  benefits, or other kinds of funds which are legally exempt from collection
				  action; or
(c) The funds or
				  property attached by the order to withhold and deliver which can be identified
				  as being solely owned by the joint owner of record of the bank account or safe
				  deposit box who does not owe a child support obligation to the child or
				  children of the NCP, are exempt from satisfaction of the NCP's child support
				  obligation.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6205 - What happens at a hearing on an objection to seizure of a bank account?

Current through Register Vol. 24-14, July 15, 2024
(1) If either
				  the noncustodial parent (NCP) or the joint owner of record objects to a
				  division of child support (DCS) collection action against a bank account, DCS
				  schedules a hearing solely for the purpose of determining whether or not one of
				  the following exemptions applies to the funds in the bank account, or to the
				  other property attached by the order to withhold and deliver:
(a) Pursuant to
				  RCW
				   26.16.200 and
				  74.20A.120, the property or funds
				  in the community bank account, joint bank account, or safe deposit box, or a
				  portion of the property or funds which can be identified as the earnings of the
				  NCP's spouse who does not owe a support obligation to the NCP's child or
				  children, are exempt from satisfaction of the child support obligation of the
				  NCP.
(b) The funds in the bank
				  account, or a portion of those funds can be identified as TANF, GA-U, GA-X, SSI
				  benefits, or other kinds of funds which are legally exempt from collection
				  action; or
(c) The funds or
				  property attached by the order to withhold and deliver can be identified as
				  being solely owned by the joint owner of record of the bank account or safe
				  deposit box who does not owe a child support obligation to the child or
				  children of the NCP and are exempt from satisfaction of the NCP's child support
				  obligation.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6210 - What happens to the seized money once an objection is filed?

Current through Register Vol. 24-14, July 15, 2024
The division of child support (DCS) holds money or property
					 withheld as a result of collection action taken against a bank account or safe
					 deposit box and delivered to DCS at the time of an objection, pending the final
					 administrative order or during any appeal to the courts.
Statutory Authority:
						RCW
						74.08.090,
						26.23.035,
						34.05.220,
						74.20A.310,  45 C.F.R. 303.106.
						01-24-079, § 388-14A-6210, filed 12/3/01, effective
						1/3/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6215 - What happens if the judge decides the seized money was exempt?

Current through Register Vol. 24-14, July 15, 2024
If the final decision of the department or courts on appeal
					 is that the division of child support (DCS) has caused money or property that
					 is exempt from satisfaction of the NCP's child support obligation to be
					 withheld by the bank or delivered to the department, DCS must:
(1) Promptly release the order to withhold
				  and deliver; or
(2) Refund the
				  proportionate share of the funds having been identified as being exempt. The
				  department is not liable for any interest accrued on any money withheld under
				  RCW
				   74.20A.080.
Statutory Authority:
						RCW
						74.08.090,
						26.23.035,
						34.05.220,
						74.20A.310,  45 C.F.R. 303.106.
						01-24-079, § 388-14A-6215, filed 12/3/01, effective
						1/3/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6220 - What remedies are available to contest the division of child support's seizure of my DOC inmate account?

Current through Register Vol. 24-14, July 15, 2024
If the division of child support (DCS) takes collection
					 action against the inmate account of a noncustodial parent (NCP) who is an
					 inmate of a department of corrections (DOC) facility, the NCP may contest the
					 seizure of the inmate account in the same way an NCP could challenge a bank
					 account seizure, as provided in WAC
					 388-14A-6200 through
					 388-14A-6215.
Statutory Authority:
						RCW
						74.08.090,
						26.23.035,
						34.05.220,
						74.20A.310,  45 C.F.R. 303.106.
						01-24-079, § 388-14A-6220, filed 12/3/01, effective
						1/3/02.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6300 - Duty of the administrative law judge in a hearing to determine the amount of a support obligation

Current through Register Vol. 24-14, July 15, 2024
(1) A support
				  order entered under this chapter must conform to the requirements set forth in
				  RCW  26.09.105,
				  26.18.170, 26.23.050, and
				  26.23.110.
				  The administrative law judge (ALJ) must comply with the DSHS rules on child
				  support and include a Washington state child support schedule worksheet when
				  entering a support order.
(2) In
				  hearings held under this chapter to contest a notice and finding of financial
				  responsibility or a notice and finding of parental responsibility or other
				  notice or petition, the ALJ must determine:
(a) The noncustodial parent's obligation to
				  provide support under
				  RCW
				   74.20A.057;
(b) The names and dates of birth of the
				  children covered by the support order;
(c) The net monthly income of the
				  noncustodial parent (NCP) and the other parent of the children;
(d) The NCP's share of the basic support
				  obligation and any adjustments to that share, according to his or her
				  circumstances;
(e) Each parent's
				  proportionate share of costs such as uninsured medical expenses, day care and
				  special child rearing expenses;
(f)
				  If requested by a party, the NCP's proportionate share of costs such as
				  uninsured medical expenses or day care expenses in a sum certain amount per
				  month;
(g) A statement that either
				  or both parents are obligated to provide medical support under RCW  26.09.105 and 26.18.170, as provided in
				  subsection (3) of this section, including but not limited to notice that if
				  proof of health care coverage or proof that the coverage is unavailable is not
				  provided to DCS within twenty days, DCS may seek direct enforcement through the
				  obligated parent's employer or union without further notice to the
				  parent;
(h) The NCP's accrued debt
				  and order payments toward the debt in a monthly amount to be determined by the
				  division of child support (DCS);
(i) The NCP's current and future monthly
				  support obligation as a sum certain amount per month, and also as a "per month
				  per child" amount if appropriate under WAC 388-14A-3200(4) and
				  388-14A-4800,
				  and order payments in that amount.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6400 - The division of child support's grievance and dispute resolution method is called a conference board

Current through Register Vol. 24-14, July 15, 2024
(1) The
				  division of child support (DCS) provides conference boards for the resolution
				  of complaints and problems regarding DCS cases, and for granting exceptional or
				  extraordinary relief. A conference board is an informal review of case actions
				  and of the circumstances of the parties and children related to a child support
				  case.
(a) The term conference board can mean
				  either of the following, depending on the context:
(i) The process itself, including the review
				  and any meeting convened; or
(ii)
				  The DCS staff who make up the panel which convenes the hearing and makes
				  factual and legal determinations.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6405 - How to apply for a conference board

Current through Register Vol. 24-14, July 15, 2024
(1) A person may request a conference board,
				  orally or in writing, at any division of child support (DCS) office.
(2) Oral requests for conference boards are
				  governed by WAC
				  388-14A-6100.
(3) DCS may start conference board
				  proceedings in appropriate circumstances.
Statutory Authority:
						RCW
						74.08.090,
						26.23.035,
						34.05.220,
						74.20A.310. 01-03-089, §
						388-14A-6405, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-386.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6410 - Explanation of the conference board process

Current through Register Vol. 24-14, July 15, 2024
(1) An applicant for a conference board must
				  make reasonable efforts to resolve the dispute with division of child support
				  (DCS) staff before the conference board can act in the case.
(2) A conference board chair reviews each
				  application to determine appropriate action:
(a) If there are questions of both law and
				  fact or if the dispute involves only facts, the chair may schedule a conference
				  board hearing to gather evidence;
(b) If the factual dispute would not provide
				  a basis on which the conference board could grant relief, even if all facts
				  were resolved in favor of the applicant, the chair may issue a decision without
				  a hearing; or
(c) If the dispute
				  can be resolved as a matter of law without relying upon disputed facts, the
				  conference board chair may issue a decision without scheduling a
				  hearing.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6415 - Scope of authority of conference board chair defined

Current through Register Vol. 24-14, July 15, 2024
The conference board chair has the authority to:
(1) Subpoena witnesses and documents,
				  administer oaths and take testimony;
(2) Grant relief by setting payment plans,
				  writing off debt owed to the department, waiving fees, or refunding collected
				  money;
(3) Adjust support debts
				  based on evidence gathered during the conference board process;
(4) Direct distribution of collected support;
				  and
(5) Take any action consistent
				  with Washington law and DCS policy to resolve disputes, grant relief or address
				  issues of equity.
Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4,
						5, 7, 8, and 9. 08-12-029, § 388-14A-6415, filed 5/29/08, effective
						7/1/08. Statutory Authority:
						RCW
						 74.08.090,
						26.23.035,
						34.05.220,
						74.20A.310. 01-03-089, §
						388-14A-6415, filed 1/17/01, effective 2/17/01. Formerly WAC
						388-14-388.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part F - HEARINGS AND CONFERENCE BOARDS › Section 388-14A-6500 - Can I use equitable estoppel as a defense in a hearing with the division of child support?

Current through Register Vol. 24-14, July 15, 2024
(1) Equitable
				  estoppel is available in adjudicative proceedings conducted under this
				  chapter.
(2) When a party raises,
				  or the facts indicate, a claim that equitable estoppel applies to a party to
				  the proceeding, the administrative law judge (ALJ) must:
(a) Consider equitable estoppel according to
				  the precedents set by reported Washington state appellate case law, where not
				  contrary to public policy; and
(b)
				  Enter findings of fact and conclusions of law sufficient to determine if the
				  elements of equitable estoppel are met and apply.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7000 - The division of child support may register an order from a non-Washington jurisdiction for enforcement or modification

Current through Register Vol. 24-14, July 15, 2024
(1) A child support order issued by a
				  tribunal of another state, country, or jurisdiction is referred to in this
				  chapter as a foreign order or an intergovernmental order. As described in
				  subsection (3) of this section, there is a type of foreign order known as a
				  convention order.
(2) Except for
				  convention orders described in subsection (3) of this section, a child support
				  order issued by a tribunal of another state or jurisdiction may be registered
				  in this state for enforcement or modification at the request of a party to the
				  order or at the request of the support enforcement agency of a tribe or of
				  another state or country, using the Notice of Support Debt and Registration
				  (NOSDR) as provided in WAC
				  388-14A-7100.
(3) Support orders issued by a tribunal in a
				  foreign country which has ratified the Convention of 23 November 2007 on the
				  International Recovery of Child Support and Other Forms of Family Maintenance
				  (known as the Hague Convention on Child Support) are known as convention
				  orders. Convention orders may be registered in this state for enforcement or
				  modification at the request of a party to the order or at the request of that
				  country, using the Notice of Support Debt and Registration-Hague Convention on
				  Child Support (NOSDR-HC) as provided in WAC 388-14A-7005.
(4) The Hague Convention on Child Support
				  may, for the purposes of this chapter, also be known as the "Hague
				  Convention."
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7005 - The division of child support may register an order from a foreign country under the Hague Convention on Child Support for enforcement or modification

Current through Register Vol. 24-14, July 15, 2024
(1) A
				  child support order issued by a tribunal of a foreign country which has
				  ratified the Convention of 23 November 2007 on the International Recovery of
				  Child Support and Other Forms of Family Maintenance (known as the Hague
				  Convention on Child Support) may be registered in this state for enforcement
				  pursuant to chapter 26.21A RCW at the request of a party to the convention
				  order or at the request of the support enforcement agency of the foreign
				  country.
(a) Such an order is, for the
				  purposes of this chapter, known as a "convention order."
(b) At the option of the division of child
				  support (DCS), a convention order may be registered with the superior court
				  pursuant to
				  RCW
				   26.21A.505 or it may be registered with the
				  administrative tribunal according to subsection (2) of this section. Either
				  method of registration is valid.
(c) A convention order is registered when the
				  order is filed with the registering tribunal of this state.
(d) DCS may enforce a registered convention
				  order in the same manner and subject to the same procedures as an order issued
				  by a tribunal of this state.
(e)
				  DCS may assess and collect interest on amounts owed under convention orders
				  entered or established in a jurisdiction other than the state of Washington as
				  provided in WAC
				  388-14A-7110.
(f) DCS notifies the parties that it is
				  enforcing a convention order using the Notice of Support Debt and Registration
				  under the Hague Convention (NOSDR-HC) as provided in this section.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7010 - What happens at a hearing on a notice of support debt and registration under the Hague Convention on Child Support?

Current through Register Vol. 24-14, July 15, 2024
(1) After the service of a Notice of Support
				  Debt and Registration under the Hague Convention (NOSDR-HC) as described in WAC
				  388-14A-7005, either party to the convention order may object and request a
				  hearing on the notice.
(2) A
				  hearing under this section is for the limited purpose of determining if the
				  nonregistering party (also called the contesting party for the purposes of this
				  section) can prove one or more of the defenses listed in
				  RCW
				   26.21A.617.
(3) If the contesting party presents evidence
				  establishing a full or partial defense under 26.21A.617, the presiding officer
				  must:
(a) Not limit the right of the division
				  of child support (DCS) to enforce any severable parts of the convention
				  order;
(b) Continue the proceeding
				  to allow the parties to gather additional relevant evidence; or
(c) Issue other appropriate orders.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7100 - The division of child support may register an order from a tribe or another state or country for enforcement or modification

Current through Register Vol. 24-14, July 15, 2024
(1) A child support order or an
				  income-withholding order for support issued by a tribunal of another state or
				  jurisdiction may be registered in this state for enforcement pursuant to
				  chapter 26.21A RCW at the request of a party to the order or at the request of
				  the support enforcement agency of an Indian tribe or of another state or
				  country.
(a) At the option of the division of
				  child support (DCS), the support order or income-withholding order may be
				  registered with the superior court pursuant to
				  RCW
				   26.21A.505 or it may be registered with the
				  administrative tribunal according to subsection (2) of this section. Either
				  method of registration is valid.
(b) A support order or income-withholding
				  order issued in another state or jurisdiction is registered when the order is
				  filed with the registering tribunal of this state.
(c) DCS may enforce a registered order issued
				  in another state or jurisdiction in the same manner and subject to the same
				  procedures as an order issued by a tribunal of this state.
(d) DCS may assess and collect interest on
				  amounts owed under support orders entered or established in a jurisdiction
				  other than the state of Washington as provided in WAC
				  388-14A-7110.
(e) DCS may notify the parties that it is
				  enforcing a non-Washington support order using the notice of support debt and
				  demand for payment under WAC
				  388-14A-3304
				  or using the notice of support debt and registration as provided in this
				  section and in WAC
				  388-14A-7110.
				  Either method of notice is valid.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7110 - The division of child support may enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) may accept an intergovernmental request to enforce interest
				  when:
(a) The request is from:
(i) Another state's IV-D agency;
(ii) An Indian tribe;
(iii) A foreign country which has entered
				  into a reciprocal agreement with the United States of America or with the state
				  of Washington;
(iv) A foreign
				  country which has ratified the Hague Convention on Child Support; or
(v) A custodial parent (CP) or noncustodial
				  parent (NCP) who resides outside of Washington state who has filed a petition
				  under the Uniform Interstate Family Support Act (UIFSA), chapter 26.21A
				  RCW.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7115 - Are there special rules for a hearing on a notice seeking to enforce interest on a support order?

Current through Register Vol. 24-14, July 15, 2024
(1) When
				  the division of child support serves a notice of support debt and demand for
				  payment or a notice of support debt and registration under WAC
				  388-14A-7110(2)
				 and the notice becomes the subject of a hearing, this section applies to a
				  determination of interest.
(2) The
				  calculation of the amount of interest which has been certified by a IV-D
				  agency, a certified public accountant (CPA) or a foreign country's equivalent
				  of a CPA must be accepted as evidence at a hearing on a notice of support debt
				  and demand for payment or on a notice of support debt and registration.
(a) Such certified calculation is prima facie
				  evidence of the amount of interest owed by the NCP.
(b) Any party challenging the certified
				  calculation has the burden of proving that the amount of interest claimed is
				  incorrect.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7117 - Are there special rules for a conference board on a notice seeking to assess and collect interest on a support order?

Current through Register Vol. 24-14, July 15, 2024
(1) When the division of child support serves
				  a notice of support debt and demand for payment or a notice of support debt and
				  registration under WAC
				  388-14A-7110(2)
				 and the notice becomes the subject of a conference board under WAC
				  388-14A-6400, this section
				  applies to a determination of interest.
(2) The calculation of the amount of interest
				  which has been certified by a IV-D agency or a CPA must be accepted as evidence
				  at a conference board on a notice of support debt and demand for payment or on
				  a notice of support debt and registration.
(a)
				  Such certified calculation is prima facie evidence of the amount of interest
				  owed by the NCP.
(b) Any party
				  challenging the certified calculation has the burden of proving that the amount
				  of interest claimed is incorrect.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7120 - When does DCS update the interest on an intergovernmental case for enforcement?

Current through Register Vol. 24-14, July 15, 2024
(1) When the
				  division of child support (DCS) accepts an intergovernmental case for
				  enforcement of interest under WAC
				  388-14A-7110(1),
				  DCS may, at any time after service of a notice of support debt and registration
				  or a notice of support debt and demand for payment, update the amount of
				  interest to be enforced on the case.
(2) To notify the parties to the order that
				  DCS has updated the amount of interest, DCS uses a form called the interest
				  enforcement letter.
(a) The interest
				  enforcement letter is based upon the annual notification of accrued interest
				  from the IV-D agency or an updated interest calculation from a certified public
				  accountant (CPA) or a foreign country's equivalent of a CPA.
(b) DCS sends the interest enforcement letter
				  to the noncustodial parent (NCP), by first class mail to the NCP's last known
				  address.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7125 - What happens at a hearing on a notice of support debt and registration?

Current through Register Vol. 24-14, July 15, 2024
A hearing under this section is for the limited purpose of
					 determining if the nonregistering party can prove one or more of the defenses
					 listed in RCW
					  26.21A.530(1).
(1) If the contesting party presents evidence
				  establishing a full or partial defense under
				  RCW
				   26.21A.530(1), the presiding
				  officer may:
(a) Stay enforcement of the
				  registered order;
(b) Continue the
				  proceeding to allow the parties to gather additional relevant evidence;
				  or
(c) Issue other appropriate
				  orders.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7135 - What is the effect of confirmation of a registered order on the finality of the support debt calculation?

Current through Register Vol. 24-14, July 15, 2024
(1) Except
				  as provided below in subsections (2) and (3) of this section, confirmation of a
				  registered order precludes further contest of the order with respect to any
				  matter that could have been asserted at the time of registration. Confirmation
				  may occur:
(a) By operation of law upon
				  failure to contest registration; or
(b) By order of the administrative law judge
				  (ALJ).
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7200 - DCS can serve notices in other states under the Uniform Interstate Family Support Act

Current through Register Vol. 24-14, July 15, 2024
(1) Except as
				  specified in WAC
				  388-14A-3105, where grounds for
				  personal jurisdiction exist under
				  RCW
				   26.21A.100 or other Washington law, the
				  division of child support (DCS) may serve the following legal actions in
				  another state by certified mail, return receipt requested or by personal
				  service, under chapter 26.21A RCW:
(a) A
				  notice and finding of financial responsibility under WAC
				  388-14A-3115; and
(b) A notice and finding of parental
				  responsibility under WAC
				  388-14A-3120;
(c) A notice of paternity test costs under
				  WAC 388-14A-8300; or
(d) An affidavit of birth costs under WAC
				  388-14A-3555.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7305 - How does a party, IV-D agency or jurisdiction ask for a determination of controlling order?

Current through Register Vol. 24-14, July 15, 2024
(1) When there are
				  multiple current support orders covering the same obligor and the same
				  children, a party to a support order may request that the division of child
				  support (DCS) make a determination of controlling order under the Uniform
				  Interstate Family Support Act, chapter 26.21A RCW.
(2) When another state's IV-D agency or
				  another jurisdiction has identified that there are multiple support orders in
				  existence and DCS has personal jurisdiction over both of the parties to the
				  orders, the IV-D agency or jurisdiction may request a determination of
				  controlling order from DCS.
(3) A
				  request for a determination of controlling order may be made at any time,
				  unless there has already been a determination of controlling order for the same
				  obligor and children.
(4) DCS can
				  provide a form which contains all the required elements for a request for
				  determination of controlling order. A request for a determination of
				  controlling order:
(a) Must be in
				  writing;
(b) Must contain copies of
				  any child support orders known to the requesting party. DCS waives this
				  requirement if DCS has a true copy of the order on file; and
(c) Must identify the order that the
				  requesting party believes should be the controlling order.
Washington Administrative Code › Title 388 - Social and Health Services, Department of › CHILD SUPPORT › Chapter 388-14A - Division of child support rules › Part G - INTERGOVERNMENTAL ISSUES › Section 388-14A-7315 - When might DCS deny a request for a determination of controlling order?

Current through Register Vol. 24-14, July 15, 2024
(1) The division of
				  child support (DCS) may deny a request for determination of controlling order
				  made by a party to a child support order or another state's IV-D agency for the
				  following reasons:
(a) There is only one
				  support order for the obligor and the children;
(b) There is no current support owing under
				  any existing support order for the obligor and the children; or
(c) There has already been a determination of
				  controlling order performed for the obligor and the children.