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Chapter 388-14A WAC

Last Update: 12/18/12

DIVISION OF CHILD SUPPORT RULES

WAC Sections

PART A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT
388-14A-1000 The DSHS division of child support is the Title IV-D child support enforcement agency for the state of Washington.
388-14A-1005 What is Washington's state plan under Title IV-D?
388-14A-1010 What are the other names that the division of child support has used?
388-14A-1015 What laws regulate the actions of the division of child support?
388-14A-1020 What definitions apply to the rules regarding child support enforcement?
388-14A-1025 What are the responsibilities of the division of child support?
388-14A-1030 What kinds of services can the division of child support provide?
388-14A-1035 What kinds of locate services does the division of child support provide?
388-14A-1036 Who can request DCS locate services?
388-14A-1040 What must a request for locate services contain?
388-14A-1045 What happens when I request locate services from the division of child support?
388-14A-1050 The division of child support cooperates with tribes and other states and countries for support enforcement purposes.
388-14A-1055 Can the division of child support collect support owed or assigned to another state, tribe or country?
388-14A-1060 The division of child support cooperates with courts and law enforcement.
PART B - BASIC RULES FOR CHILD SUPPORT CASES
388-14A-2000 Who can receive child support enforcement services from the division of child support?
388-14A-2005 When does an application for public assistance automatically become an application for support enforcement services?
388-14A-2010 Can I apply for support enforcement services if I do not receive public assistance?
388-14A-2015 Does DCS accept an application from someone who is not a resident of Washington state?
388-14A-2020 Can the division of child support deny my application for support enforcement services?
388-14A-2025 What services does the division of child support provide for a nonassistance support enforcement case?
388-14A-2030 Do I assign my rights to support when I apply for child support enforcement services?
388-14A-2035 Do I assign my rights to support when I receive public assistance?
388-14A-2036 What does assigning my rights to support mean?
388-14A-2037 What are permanently assigned arrears?
388-14A-2038 What are temporarily assigned arrears?
388-14A-2039 What are conditionally assigned arrears?
388-14A-2040 Do I have to cooperate with the division of child support in establishing or enforcing child support?
388-14A-2041 What happens if I don't cooperate with DCS while I receive public assistance?
388-14A-2045 What can I do if I am afraid that cooperating with the division of child support will be harmful to me or to my children?
388-14A-2050 Who decides if I have good cause not to cooperate?
388-14A-2060 Are there different kinds of good cause for not cooperating with DCS?
388-14A-2065 Does the division of child support provide support enforcement services if the CSO decides I have "good cause level A"?
388-14A-2070 Does the division of child support provide support enforcement services if the CSO determines I have "good cause level B"?
388-14A-2075 What happens if the division of child support determines that I am not cooperating?
388-14A-2080 Once DCS opens a support enforcement case, under what circumstances can it be closed?
388-14A-2081 Under what circumstances can DCS close a case when the application for services was made directly to DCS?
388-14A-2083 Under what circumstances can DCS close a case where the application for services was originally made to another state, tribe, territory or country, otherwise known as an intergovernmental case?
388-14A-2085 Under what circumstances may DCS keep a support enforcement case open despite a request to close it?
388-14A-2090 Who receives notice when DCS closes a case?
388-14A-2095 What if I don't agree with the case closure notice?
388-14A-2097 What happens to payments that come in after a case is closed?
388-14A-2099 When does DCS file a satisfaction of judgment with the superior court?
388-14A-2105 Basic confidentiality rules for the division of child support.
388-14A-2107 Are there special rules for requests for whereabouts information?
388-14A-2110 How do I make a request for disclosure of DCS public records?
388-14A-2112 When I make a public disclosure request, do I get the information or records immediately?
388-14A-2114 Does DCS give notice to anyone before releasing information pursuant to a public disclosure request?
388-14A-2115 Can the custodial parent waive notice of a request for address?
388-14A-2116 How do I request a support order summary from DCS?
388-14A-2120 Can the noncustodial parent request notice before DCS releases address information to the custodial parent?
388-14A-2125 Can DCS ever release address information without notice?
388-14A-2130 What if I object to the release of my address?
388-14A-2135 When might DCS deny a request for address information without going through the notice and hearing process?
388-14A-2140 What happens at a hearing on objection to disclosure of address information?
388-14A-2150 How much does it cost to get copies of DCS records?
388-14A-2155 Can I appeal a denial of public disclosure by the division of child support?
388-14A-2160 On what authority does DCS share my confidential information with a credit bureau?
388-14A-2200 When does DCS charge a twenty-five dollar annual fee on a child support case?
388-14A-2205 How can a custodial parent be excused from payment of the annual fee?
PART C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY
388-14A-3100 How does the division of child support establish a child support obligation when there is no child support order?
388-14A-3102 When the parents have signed a paternity acknowledgment, which support establishment notice does the division of child support serve on the noncustodial parent?
388-14A-3105 How does the division of child support serve support establishment notices?
388-14A-3110 When can a support establishment notice become a final order?
388-14A-3115 The notice and finding of financial responsibility is used to set child support when paternity is not an issue.
388-14A-3120 The notice and finding of parental responsibility is used to set child support when the father's duty of support is based upon an affidavit of paternity which is not a conclusive presumption of paternity.
388-14A-3125 DCS may establish a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services.
388-14A-3127 How does DCS ask to add a monthly financial obligation to an existing administrative order for medical support only?
388-14A-3130 What happens if a party makes a timely request for hearing on a support establishment notice?
388-14A-3131 What happens if neither parent appears for the hearing?
388-14A-3132 What happens if only one parent appears for the hearing?
388-14A-3133 What happens when the noncustodial parent and the custodial parent both appear for the hearing?
388-14A-3135 Late hearings, or hearing on untimely objections to support establishment notices.
388-14A-3140 What can happen at a hearing on a support establishment notice?
388-14A-3200 How does DCS determine my support obligation?
388-14A-3205 How does DCS calculate my income?
388-14A-3275 The division of child support may amend an administrative notice at any time before a final administrative order is entered.
388-14A-3300 How does the division of child support require me to make my support payments to the Washington state support registry when my support order says to pay someone else?
388-14A-3302 How does the division of child support decide what notice to serve when there is already an existing order for child support?
388-14A-3304 The division of child support may serve a notice of support debt and demand for payment when it is enforcing a support order issued in Washington state, a foreign court order or a foreign administrative order for support.
388-14A-3305 What can I do if I disagree with a notice of support debt and demand for payment?
388-14A-3306 Does a notice of support debt and demand for payment result in a final determination of support arrears?
388-14A-3307 How does the division of child support proceed when there are multiple child support orders for the same obligor and children?
388-14A-3310 What notice does the division of child support serve to establish a fixed dollar amount under an existing child support order?
388-14A-3311 How does DCS prepare a notice of support owed to determine amounts owed to establish a fixed dollar amount under an existing child support order?
388-14A-3312 The division of child support serves a notice of support owed to establish a fixed dollar amount owed by either parent for medical support.
388-14A-3315 When DCS serves a notice of support debt or a notice of support owed, we notify the other party to the child support order.
388-14A-3316 When can a notice of support owed become a final order?
388-14A-3317 What happens if a party makes a timely request for hearing on a notice of support owed?
388-14A-3318 What happens if a party makes an untimely request for hearing on a notice of support owed?
388-14A-3320 What happens at a hearing on a notice of support owed?
388-14A-3321 What happens if the custodial parent requests a hearing on a notice of support debt and demand for payment?
388-14A-3323 What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?
388-14A-3324 What happens in a hearing on a notice of support owed served under WAC 388-14A-3312?
388-14A-3330 What are the procedures for the annual review of a notice of support owed?
388-14A-3350 Are there any limits on how much back support the division of child support can seek to establish?
388-14A-3370 What legal defenses are available to a noncustodial parent when DCS seeks to enforce a support obligation?
388-14A-3375 What kinds of credits does the division of child support give when establishing or enforcing an administrative support order?
388-14A-3400 Are there limitations on how much of my income is available for child support?
388-14A-3410 What amount does DCS use for the self-support reserve?
388-14A-3500 A person must show good cause for filing a late request for hearing.
388-14A-3600 The parties may resolve any child support case by entering a consent order or an agreed settlement.
388-14A-3700 When is it appropriate to vacate a default order?
388-14A-3800 Once a support order is entered, can it be changed?
388-14A-3810 Once an administrative child support order is entered, how long does the support obligation last?
388-14A-3850 When may someone ask for a temporary support order?
388-14A-3855 How does a party request a temporary order when the hearing is continued?
388-14A-3860 How does a party request a temporary order when a petition for review has been filed?
388-14A-3865 Duties of the administrative law judge when a party requests a temporary support order.
388-14A-3870 When does a temporary support order end?
388-14A-3875 What if a party does not agree with a temporary support order?
388-14A-3900 Does DCS review my support order to see if it should be modified?
388-14A-3901 Under what circumstances does DCS review a support order for modification?
388-14A-3902 How does DCS notify me that my order is eligible for review for modification?
388-14A-3903 How does DCS decide whether to petition for modification of a support order?
388-14A-3904 How do I find out the results of DCS' review for modification?
388-14A-3905 What if I don't agree with DCS' findings after review?
388-14A-3906 Are there times when DCS does not review an order which would otherwise qualify for review?
388-14A-3907 DCS uses the Washington state child support schedule for reviewing orders for modification.
388-14A-3925 Who can ask to modify an administrative support order?
PART D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS
388-14A-4000 When may the division of child support take collection action against a noncustodial parent?
388-14A-4010 Can I make the division of child support stop collection action against me?
388-14A-4020 What collection tools does the division of child support use?
388-14A-4030 How can the division of child support collect child support from my wages or other income source?
388-14A-4040 DCS can serve some collection actions by electronic service.
388-14A-4100 How does the division of child support enforce my obligation to provide health insurance for my children?
388-14A-4110 If my support order requires me to provide medical support for my children, what do I have to do?
388-14A-4111 When may DCS decline a request to enforce a medical support obligation?
388-14A-4112 When does the division of child support enforce a custodial parent's obligation to provide medical support?
388-14A-4115 Can my support order reduce my support obligation if I pay for health insurance?
388-14A-4119 How soon after a noncustodial parent is listed in the state directory of new hires must the division of child support send a national medical support notice to the employer?
388-14A-4120 DCS uses the National Medical Support Notice to enforce an obligation to provide health insurance coverage.
388-14A-4121 Can a Washington employer assume that every National Medical Support Notice that the employer receives is from the division of child support?
388-14A-4122 What kind of information is included in the National Medical Support Notice?
388-14A-4123 What can happen if the employer fails to comply with the terms of the National Medical Support Notice?
388-14A-4124 Who are the parties involved with the National Medical Support Notice?
388-14A-4125 What must an employer do after receiving a National Medical Support Notice?
388-14A-4126 What kind of help is available for an employer or plan administrator who has questions about the National Medical Support Notice?
388-14A-4130 What must a plan administrator do after receiving a National Medical Support Notice from the division of child support?
388-14A-4135 What must the plan administrator do when the obligated parent has health insurance but the children are not included in the coverage?
388-14A-4140 What must the plan administrator do when the obligated parent is eligible for health insurance but is not yet enrolled?
388-14A-4143 What must the plan administrator do when the employer provides health insurance but the obligated parent is not yet eligible for coverage?
388-14A-4145 What must the plan administrator do when the insurance plan in which the obligated parent is enrolled does not provide coverage which is accessible to the children?
388-14A-4150 What must the plan administrator do when the obligated parent has more than one family?
388-14A-4160 Are there any limits on the amount an obligated parent may be required to pay for health insurance premiums?
388-14A-4165 What happens when a noncustodial parent does not earn enough to pay child support plus the health insurance premium?
388-14A-4170 How long does a National Medical Support Notice or other notice of enrollment remain in effect?
388-14A-4175 Who is required to notify the division of child support when insurance coverage for the children ends?
388-14A-4180 When must the division of child support communicate with the DSHS medicaid purchasing administration?
388-14A-4200 Do I get credit for dependent disability payments paid on my behalf to my children?
388-14A-4300 What can I do if I think I'm paying more than the custodial parent is spending for day care or other special expenses for my child?
388-14A-4301 Can I file a petition for reimbursement if I do not receive full support enforcement services?
388-14A-4302 Who participates in a hearing on petition for reimbursement?
388-14A-4303 What happens at a hearing on petition for reimbursement?
388-14A-4304 What happens if the judge determines that I have paid too much for day care and special expenses?
388-14A-4500 What is the division of child support's license suspension program?
388-14A-4505 The notice of noncompliance and intent to suspend licenses.
388-14A-4510 Who is subject to the DCS license suspension program?
388-14A-4512 When may the division of child support certify a noncustodial parent for license suspension?
388-14A-4515 How do I avoid having my license suspended for failure to pay child support?
388-14A-4520 Signing a payment agreement may avoid certification for noncompliance.
388-14A-4525 How to obtain a release of certification for noncompliance.
388-14A-4527 How does a noncustodial parent request an administrative hearing regarding license suspension?
388-14A-4530 What can happen at an administrative hearing regarding license suspension?
388-14A-4535 Can the noncustodial parent file a late request for hearing if a license has already been suspended?
388-14A-4540 When is a DCS conference board available regarding license suspension issues?
388-14A-4600 What is the division of child support's DCS most wanted internet site?
388-14A-4605 Whose picture can go on the division of child support's DCS most wanted internet site?
388-14A-4610 How does a noncustodial parent avoid being posted on the DCS most wanted internet site?
388-14A-4615 When does DCS remove a noncustodial parent from the DCS most wanted internet site?
388-14A-4620 What information does the division of child support post to the DCS most wanted internet site?
388-14A-4700 How do I ask the division of child support to prorate a child support obligation?
388-14A-4705 When does the division of child support prorate a monthly support obligation?
388-14A-4710 When does the division of child support not prorate a monthly support obligation?
388-14A-4715 What can I do if I don't agree with DCS' decision on whether or not to prorate support?
388-14A-4800 When does a child support order contain an undifferentiated amount of child support?
388-14A-4810 How does DCS determine if a support order contains a differentiated or undifferentiated amount of support?
388-14A-4820 What can I do if I don't agree with DCS' decision on whether my support order contains a differentiated or undifferentiated amount of support?
388-14A-4830 How does DCS divide support obligations between two or more cases when a support order does not contain a differentiated amount of support?
PART E - DISTRIBUTION ISSUES
388-14A-5000 What is the difference between distribution and disbursement of child support collections?
388-14A-5001 What procedures does DCS follow to distribute support collections?
388-14A-5002 How does DCS distribute support collections in a nonassistance case?
388-14A-5003 How does DCS distribute support collections in an assistance case?
388-14A-5004 How does DCS distribute support collections in a former assistance case?
388-14A-5005 How does DCS distribute federal tax refund offset collections?
388-14A-5006 How does DCS distribute support collections when the paying parent has more than one case?
388-14A-5007 If the paying parent has more than one case, can DCS apply support money to only one specific case?
388-14A-5008 Can the noncustodial parent prepay support?
388-14A-5009 What happens when an employer or other entity overcollects support from the noncustodial parent based on a DCS withholding order?
388-14A-5010 How does the division of child support distribute federal tax refund offset collections from joint returns?
388-14A-5015 What is a pass-through payment?
388-14A-5050 When does DCS send a notice of intent to distribute support money?
388-14A-5100 How does the division of child support notify the custodial parent about support collections?
388-14A-5200 What is a "total versus total" notice?
388-14A-5300 How does the division of child support recover a support payment which has already been distributed?
388-14A-5400 How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?
388-14A-5500 How does the division of child support collect support debts owed by someone other than a noncustodial parent?
388-14A-5505 DCS uses a notice of retained support to claim a debt owed to DCS.
388-14A-5510 How does DCS serve a notice of retained support?
388-14A-5515 What happens if I don't respond to a notice of retained support or request a hearing?
388-14A-5520 What happens if I make a timely objection to a notice of retained support?
388-14A-5525 What happens at the hearing on a notice of retained support?
388-14A-5530 Can I request a late hearing on a notice of retained support?
388-14A-5535 How does DCS collect a debt established on a notice of retained support?
388-14A-5540 Can I just acknowledge that I owe money to the division of child support?
PART F - HEARINGS AND CONFERENCE BOARDS
388-14A-6000 Which statutes and regulations govern the division of child support's hearing process?
388-14A-6100 The division of child support accepts oral requests for hearing or conference board.
388-14A-6105 What is the difference between an initial order and a final order in a hearing involving the division of child support?
388-14A-6110 When must an ALJ enter an initial order in a DCS hearing proceeding?
388-14A-6115 When must an ALJ enter a final order in a DCS hearing proceeding?
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?
388-14A-6125 When does an initial order or final order entered by an ALJ become enforceable?
388-14A-6150 What can I do if there was a default order entered against me in an administrative hearing?
388-14A-6200 What remedies are available to contest the division of child support's seizure of my bank account?
388-14A-6205 What happens at a hearing on an objection to seizure of a bank account?
388-14A-6210 What happens to the seized money once an objection is filed?
388-14A-6215 What happens if the judge decides the seized money was exempt?
388-14A-6220 What remedies are available to contest the division of child support's seizure of my DOC inmate account?
388-14A-6300 Duty of the administrative law judge in a hearing to determine the amount of a support obligation.
388-14A-6400 The division of child support's grievance and dispute resolution method is called a conference board.
388-14A-6405 How to apply for a conference board.
388-14A-6410 Explanation of the conference board process.
388-14A-6415 Scope of authority of conference board chair defined.
388-14A-6500 Can I use equitable estoppel as a defense in a hearing with the division of child support?
PART G - INTERGOVERNMENTAL ISSUES
388-14A-7100 The division of child support may register an order from a tribe or another state or country for enforcement or modification.
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.
388-14A-7115 Are there special rules for a hearing on a notice seeking to enforce interest on a support order?
388-14A-7117 Are there special rules for a conference board on a notice seeking to assess and collect interest on a support order?
388-14A-7120 When does DCS update the interest on an intergovernmental case for enforcement?
388-14A-7125 What happens at a hearing on a notice of support debt and registration?
388-14A-7135 What is the effect of confirmation of a registered order on the finality of the support debt calculation?
388-14A-7200 DCS can serve notices in other states under the Uniform Interstate Family Support Act.
388-14A-7305 How does a party, IV-D agency or jurisdiction ask for a determination of controlling order?
388-14A-7315 When might DCS deny a request for a determination of controlling order?
388-14A-7325 How does DCS notify the parties that a determination of the controlling order is going to be made?
388-14A-7335 What happens if someone objects to a notice of support debt and registration which contains a determination of the presumed controlling order?
388-14A-7345 What is the effect of a determination of controlling order on the finality of the debt calculation?
388-14A-7400 What can I do if I want to contest an intergovernmental order to withhold income served on my employer?
388-14A-7500 What can I do if I am concerned about the release of my personal information in an intergovernmental referral?
388-14A-7600 Does DCS provide the same services in an intergovernmental case as it provides in a case where both parties reside in the state of Washington?
388-14A-7610 The division of child support complies with federal requirements regarding intergovernmental cases.
388-14A-7620 How does DCS provide information to another jurisdiction in an intergovernmental case?
388-14A-7630 What limited services does DCS provide?
388-14A-7640 Payment and recovery of costs in intergovernmental IV-D cases.
388-14A-7650 What kind of federal audit requirements are there for intergovernmental cases?
388-14A-7700 How does the division of child support (DCS) decide that a new case is an intergovernmental case?
388-14A-7710 What does the division of child support (DCS) do when it decides that a case is an intergovernmental case?
388-14A-7720 What is the division of child support (DCS) required to do when Washington is the initiating jurisdiction in an intergovernmental case?
388-14A-7800 What is the division of child support (DCS) required to do when Washington receives a request for intergovernmental child support services?
388-14A-7810 What is the division of child support (DCS) required to do when DCS receives a request for a determination of controlling order?
388-14A-7820 What is the division of child support (DCS) required to do when DCS acts as the responding jurisdiction in an intergovernmental case?
PART H - MISCELLANEOUS
388-14A-8100 Are there special rules for setting child support for children in foster care?
388-14A-8105 Does the cost of care affect how much child support I pay when my child is in foster care?
388-14A-8110 What happens to the money if current support is higher than the cost of care?
388-14A-8120 Are there special rules for collection in foster care cases?
388-14A-8125 How does DCS complete the WSCSS worksheets when setting the child support obligation for one parent of a child in foster care?
388-14A-8130 How does DCS complete the WSCSS worksheets when setting a joint child support obligation for a child in foster care?
388-14A-8200 All Washington employers must report new hires to the Washington state support registry.
388-14A-8300 Who pays for genetic testing when paternity is an issue?
388-14A-8400 Does the division of child support have the right to approve my child support order before the court enters it?
388-14A-8500 Can the division of child support issue subpoenas?
388-14A-8600 Does the division of child support enforce interest on unpaid support arrears?