Chapter 388-14A WAC

Last Update: 5/9/18

DIVISION OF CHILD SUPPORT RULES

WAC Sections

PART A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT
388-14A-1000The DSHS division of child support is the Title IV-D child support enforcement agency for the state of Washington.
388-14A-1005What is Washington's state plan under Title IV-D?
388-14A-1010What are the other names that the division of child support has used?
388-14A-1015What laws regulate the actions of the division of child support?
388-14A-1020What definitions apply to the rules regarding child support enforcement?
388-14A-1025What are the responsibilities of the division of child support?
388-14A-1030What kinds of services can the division of child support provide?
388-14A-1035What kinds of locate services does the division of child support provide?
388-14A-1036Who can request DCS locate services?
388-14A-1040What must a request for locate services contain?
388-14A-1045What happens when I request locate services from the division of child support?
388-14A-1050The division of child support cooperates with tribes and other states and countries for support enforcement purposes.
388-14A-1055Can the division of child support collect support owed or assigned to another state, tribe or country?
388-14A-1060The division of child support cooperates with courts and law enforcement.
PART B - BASIC RULES FOR CHILD SUPPORT CASES
388-14A-2000Who can receive child support enforcement services from the division of child support?
388-14A-2005When does an application for public assistance automatically become an application for support enforcement services?
388-14A-2010Can I apply for support enforcement services if I do not receive public assistance?
388-14A-2015Does DCS accept an application from someone who is not a resident of Washington state?
388-14A-2020Can the division of child support deny my application for support enforcement services?
388-14A-2025What services does the division of child support provide for a nonassistance support enforcement case?
388-14A-2030Do I assign my rights to support when I apply for child support enforcement services?
388-14A-2035Do I assign my rights to support when I receive public assistance?
388-14A-2036What does assigning my rights to support mean?
388-14A-2037What are permanently assigned arrears?
388-14A-2038What are temporarily assigned arrears?
388-14A-2039What are conditionally assigned arrears?
388-14A-2040Do I have to cooperate with the division of child support in establishing or enforcing child support?
388-14A-2041What happens if I don't cooperate with DCS while I receive public assistance?
388-14A-2045What 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-2050Who decides if I have good cause not to cooperate?
388-14A-2060Are there different kinds of good cause for not cooperating with DCS?
388-14A-2065Does the division of child support provide support enforcement services if the CSO decides I have "good cause level A"?
388-14A-2070Does the division of child support provide support enforcement services if the CSO determines I have "good cause level B"?
388-14A-2075What happens if the division of child support determines that I am not cooperating?
388-14A-2080Once DCS opens a support enforcement case, under what circumstances can it be closed?
388-14A-2081Under what circumstances can DCS close a case when the application for services was made directly to DCS?
388-14A-2083Under 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-2085Under what circumstances may DCS keep a support enforcement case open despite a request to close it?
388-14A-2090Who receives notice when DCS closes a case?
388-14A-2095What if I don't agree with the case closure notice?
388-14A-2097What happens to payments that come in after a case is closed?
388-14A-2099When does DCS file a satisfaction of judgment with the superior court?
388-14A-2105Basic confidentiality rules for the division of child support.
388-14A-2107Are there special rules for requests for whereabouts information?
388-14A-2110How do I make a request for disclosure of DCS public records?
388-14A-2112When I make a public disclosure request, do I get the information or records immediately?
388-14A-2114Does DCS give notice to anyone before releasing information pursuant to a public disclosure request?
388-14A-2115Can the custodial parent waive notice of a request for address?
388-14A-2116How do I request a support order summary from DCS?
388-14A-2120Can the noncustodial parent request notice before DCS releases address information to the custodial parent?
388-14A-2125Can DCS ever release address information without notice?
388-14A-2130What if I object to the release of my address?
388-14A-2135When might DCS deny a request for address information without going through the notice and hearing process?
388-14A-2140What happens at a hearing on objection to disclosure of address information?
388-14A-2150How much does it cost to get copies of DCS records?
388-14A-2155Can I appeal a denial of public disclosure by the division of child support?
388-14A-2160On what authority does DCS share my confidential information with a credit bureau?
388-14A-2200When does DCS charge a twenty-five dollar annual fee on a child support case?
388-14A-2205How 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-3100How does the division of child support establish a child support obligation when there is no child support order?
388-14A-3102When the parents have signed a paternity acknowledgment, which support establishment notice does the division of child support serve on the noncustodial parent?
388-14A-3105How does the division of child support serve support establishment notices?
388-14A-3110When can a support establishment notice become a final order?
388-14A-3115The notice and finding of financial responsibility is used to set child support when paternity is not an issue.
388-14A-3120The 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-3125DCS may establish a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services.
388-14A-3127How does DCS ask to add a monthly financial obligation to an existing administrative order for medical support only?
388-14A-3130What happens if a party makes a timely request for hearing on a support establishment notice?
388-14A-3131What happens if neither parent appears for the hearing?
388-14A-3132What happens if only one parent appears for the hearing?
388-14A-3133What happens when the noncustodial parent and the custodial parent both appear for the hearing?
388-14A-3135Late hearings, or hearing on untimely objections to support establishment notices.
388-14A-3140What can happen at a hearing on a support establishment notice?
388-14A-3200How does DCS determine my support obligation?
388-14A-3205How does DCS calculate my income?
388-14A-3275The division of child support may amend an administrative notice at any time before a final administrative order is entered.
388-14A-3300How 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-3302How does the division of child support decide what notice to serve when there is already an existing order for child support?
388-14A-3304The 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-3305What can I do if I disagree with a notice of support debt and demand for payment?
388-14A-3306Does a notice of support debt and demand for payment result in a final determination of support arrears?
388-14A-3307How does the division of child support proceed when there are multiple child support orders for the same obligor and children?
388-14A-3310What notice does the division of child support serve to establish a fixed dollar amount under an existing child support order?
388-14A-3311How 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-3312The 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-3315When 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-3316When can a notice of support owed become a final order?
388-14A-3317What happens if a party makes a timely request for hearing on a notice of support owed?
388-14A-3318What happens if a party makes an untimely request for hearing on a notice of support owed?
388-14A-3320What happens at a hearing on a notice of support owed?
388-14A-3321What happens if the custodial parent requests a hearing on a notice of support debt and demand for payment?
388-14A-3323What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?
388-14A-3324What happens in a hearing on a notice of support owed served under WAC 388-14A-3312?
388-14A-3330What are the procedures for the annual review of a notice of support owed?
388-14A-3350Are there any limits on how much back support the division of child support can seek to establish?
388-14A-3370What legal defenses are available to a noncustodial parent when DCS seeks to enforce a support obligation?
388-14A-3375What kinds of credits does the division of child support give when establishing or enforcing an administrative support order?
388-14A-3400Are there limitations on how much of my income is available for child support?
388-14A-3410What amount does DCS use for the self-support reserve?
388-14A-3500A person must show good cause for filing a late request for hearing.
388-14A-3600The parties may resolve any child support case by entering a consent order or an agreed settlement.
388-14A-3700When is it appropriate to vacate a default order?
388-14A-3800Once a support order is entered, can it be changed?
388-14A-3810Once an administrative child support order is entered, how long does the support obligation last?
388-14A-3850When may someone ask for a temporary support order?
388-14A-3855How does a party request a temporary order when the hearing is continued?
388-14A-3860How does a party request a temporary order when a petition for review has been filed?
388-14A-3865Duties of the administrative law judge when a party requests a temporary support order.
388-14A-3870When does a temporary support order end?
388-14A-3875What if a party does not agree with a temporary support order?
388-14A-3900Does DCS review my support order to see if it should be modified?
388-14A-3901Under what circumstances does DCS review a support order for modification?
388-14A-3902How does DCS notify me that my order is eligible for review for modification?
388-14A-3903How does DCS decide whether to petition for modification of a support order?
388-14A-3904How do I find out the results of DCS' review for modification?
388-14A-3905What if I don't agree with DCS' findings after review?
388-14A-3906Are there times when DCS does not review an order which would otherwise qualify for review?
388-14A-3907DCS uses the Washington state child support schedule for reviewing orders for modification.
388-14A-3925Who can ask to modify an administrative support order?
PART D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS
388-14A-4000When may the division of child support take collection action against a noncustodial parent?
388-14A-4010Can I make the division of child support stop collection action against me?
388-14A-4020What collection tools does the division of child support use?
388-14A-4030How can the division of child support collect child support from my wages or other income source?
388-14A-4040DCS can serve some collection actions by electronic service.
388-14A-4100How does the division of child support enforce my obligation to provide health insurance for my children?
388-14A-4110If my support order requires me to provide medical support for my children, what do I have to do?
388-14A-4111When may DCS decline a request to enforce a medical support obligation?
388-14A-4112When does the division of child support enforce a custodial parent's obligation to provide medical support?
388-14A-4115Can my support order reduce my support obligation if I pay for health insurance?
388-14A-4119How 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-4120DCS uses the National Medical Support Notice to enforce an obligation to provide health insurance coverage.
388-14A-4121Can a Washington employer assume that every National Medical Support Notice that the employer receives is from the division of child support?
388-14A-4122What kind of information is included in the National Medical Support Notice?
388-14A-4123What can happen if the employer fails to comply with the terms of the National Medical Support Notice?
388-14A-4124Who are the parties involved with the National Medical Support Notice?
388-14A-4125What must an employer do after receiving a National Medical Support Notice?
388-14A-4126What kind of help is available for an employer or plan administrator who has questions about the National Medical Support Notice?
388-14A-4130What must a plan administrator do after receiving a National Medical Support Notice from the division of child support?
388-14A-4135What must the plan administrator do when the obligated parent has health insurance but the children are not included in the coverage?
388-14A-4140What must the plan administrator do when the obligated parent is eligible for health insurance but is not yet enrolled?
388-14A-4143What must the plan administrator do when the employer provides health insurance but the obligated parent is not yet eligible for coverage?
388-14A-4145What 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-4150What must the plan administrator do when the obligated parent has more than one family?
388-14A-4160Are there any limits on the amount an obligated parent may be required to pay for health insurance premiums?
388-14A-4165What happens when a noncustodial parent does not earn enough to pay child support plus the health insurance premium?
388-14A-4170How long does a National Medical Support Notice or other notice of enrollment remain in effect?
388-14A-4175Who is required to notify the division of child support when insurance coverage for the children ends?
388-14A-4180When must the division of child support communicate with the DSHS medicaid purchasing administration?
388-14A-4200Do I get credit for dependent disability payments paid on my behalf to my children?
388-14A-4300What 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-4301Can I file a petition for reimbursement if I do not receive full support enforcement services?
388-14A-4302Who participates in a hearing on petition for reimbursement?
388-14A-4303What happens at a hearing on petition for reimbursement?
388-14A-4304What happens if the judge determines that I have paid too much for day care and special expenses?
388-14A-4500What is the division of child support's license suspension program?
388-14A-4505The notice of noncompliance and intent to suspend licenses.
388-14A-4510Who is subject to the DCS license suspension program?
388-14A-4512When may the division of child support certify a noncustodial parent for license suspension?
388-14A-4515How do I avoid having my license suspended for failure to pay child support?
388-14A-4520Signing a payment agreement may avoid certification for noncompliance.
388-14A-4525How to obtain a release of certification for noncompliance.
388-14A-4527How does a noncustodial parent request an administrative hearing regarding license suspension?
388-14A-4530What can happen at an administrative hearing regarding license suspension?
388-14A-4535Can the noncustodial parent file a late request for hearing if a license has already been suspended?
388-14A-4540When is a DCS conference board available regarding license suspension issues?
388-14A-4600What is the division of child support's DCS most wanted internet site?
388-14A-4605Whose picture can go on the division of child support's DCS most wanted internet site?
388-14A-4610How does a noncustodial parent avoid being posted on the DCS most wanted internet site?
388-14A-4615When does DCS remove a noncustodial parent from the DCS most wanted internet site?
388-14A-4620What information does the division of child support post to the DCS most wanted internet site?
388-14A-4700How do I ask the division of child support to prorate a child support obligation?
388-14A-4705When does the division of child support prorate a monthly support obligation?
388-14A-4710When does the division of child support not prorate a monthly support obligation?
388-14A-4715What can I do if I don't agree with DCS' decision on whether or not to prorate support?
388-14A-4800When does a child support order contain an undifferentiated amount of child support?
388-14A-4810How does DCS determine if a support order contains a differentiated or undifferentiated amount of support?
388-14A-4820What 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-4830How 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-5000What is the difference between distribution and disbursement of child support collections?
388-14A-5001What procedures does DCS follow to distribute support collections?
388-14A-5002How does DCS distribute support collections in a nonassistance case?
388-14A-5003How does DCS distribute support collections in an assistance case?
388-14A-5004How does DCS distribute support collections in a former assistance case?
388-14A-5005How does DCS distribute federal tax refund offset collections?
388-14A-5006How does DCS distribute support collections when the paying parent has more than one case?
388-14A-5007If the paying parent has more than one case, can DCS apply support money to only one specific case?
388-14A-5008Can the noncustodial parent prepay support?
388-14A-5009What happens when an employer or other entity overcollects support from the noncustodial parent based on a DCS withholding order?
388-14A-5010How does the division of child support distribute federal tax refund offset collections from joint returns?
388-14A-5015What is a pass-through payment?
388-14A-5050When does DCS send a notice of intent to distribute support money?
388-14A-5100How does the division of child support notify the custodial parent about support collections?
388-14A-5200What is a "total versus total" notice?
388-14A-5300How does the division of child support recover a support payment which has already been distributed?
388-14A-5400How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?
388-14A-5500How does the division of child support collect support debts owed by someone other than a noncustodial parent?
388-14A-5505DCS uses a notice of retained support to claim a debt owed to DCS.
388-14A-5510How does DCS serve a notice of retained support?
388-14A-5515What happens if I don't respond to a notice of retained support or request a hearing?
388-14A-5520What happens if I make a timely objection to a notice of retained support?
388-14A-5525What happens at the hearing on a notice of retained support?
388-14A-5530Can I request a late hearing on a notice of retained support?
388-14A-5535How does DCS collect a debt established on a notice of retained support?
388-14A-5540Can I just acknowledge that I owe money to the division of child support?
PART F - HEARINGS AND CONFERENCE BOARDS
388-14A-6000Which statutes and regulations govern the division of child support's hearing process?
388-14A-6100The division of child support accepts oral requests for hearing or conference board.
388-14A-6105What is the difference between an initial order and a final order in a hearing involving the division of child support?
388-14A-6110When must an ALJ enter an initial order in a DCS hearing proceeding?
388-14A-6115When must an ALJ enter a final order in a DCS hearing proceeding?
388-14A-6120What can I do if I do not agree with an initial order or final order entered by an administrative law judge?
388-14A-6125When does an initial order or final order entered by an ALJ become enforceable?
388-14A-6150What can I do if there was a default order entered against me in an administrative hearing?
388-14A-6200What remedies are available to contest the division of child support's seizure of my bank account?
388-14A-6205What happens at a hearing on an objection to seizure of a bank account?
388-14A-6210What happens to the seized money once an objection is filed?
388-14A-6215What happens if the judge decides the seized money was exempt?
388-14A-6220What remedies are available to contest the division of child support's seizure of my DOC inmate account?
388-14A-6300Duty of the administrative law judge in a hearing to determine the amount of a support obligation.
388-14A-6400The division of child support's grievance and dispute resolution method is called a conference board.
388-14A-6405How to apply for a conference board.
388-14A-6410Explanation of the conference board process.
388-14A-6415Scope of authority of conference board chair defined.
388-14A-6500Can I use equitable estoppel as a defense in a hearing with the division of child support?
PART G - INTERGOVERNMENTAL ISSUES
388-14A-7100The division of child support may register an order from a tribe or another state or country for enforcement or modification.
388-14A-7110The 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-7115Are there special rules for a hearing on a notice seeking to enforce interest on a support order?
388-14A-7117Are there special rules for a conference board on a notice seeking to assess and collect interest on a support order?
388-14A-7120When does DCS update the interest on an intergovernmental case for enforcement?
388-14A-7125What happens at a hearing on a notice of support debt and registration?
388-14A-7135What is the effect of confirmation of a registered order on the finality of the support debt calculation?
388-14A-7200DCS can serve notices in other states under the Uniform Interstate Family Support Act.
388-14A-7305How does a party, IV-D agency or jurisdiction ask for a determination of controlling order?
388-14A-7315When might DCS deny a request for a determination of controlling order?
388-14A-7325How does DCS notify the parties that a determination of the controlling order is going to be made?
388-14A-7335What happens if someone objects to a notice of support debt and registration which contains a determination of the presumed controlling order?
388-14A-7345What is the effect of a determination of controlling order on the finality of the debt calculation?
388-14A-7400What can I do if I want to contest an intergovernmental order to withhold income served on my employer?
388-14A-7500What can I do if I am concerned about the release of my personal information in an intergovernmental referral?
388-14A-7600Does 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-7610The division of child support complies with federal requirements regarding intergovernmental cases.
388-14A-7620How does DCS provide information to another jurisdiction in an intergovernmental case?
388-14A-7630What limited services does DCS provide?
388-14A-7640Payment and recovery of costs in intergovernmental IV-D cases.
388-14A-7650What kind of federal audit requirements are there for intergovernmental cases?
388-14A-7700How does the division of child support (DCS) decide that a new case is an intergovernmental case?
388-14A-7710What does the division of child support (DCS) do when it decides that a case is an intergovernmental case?
388-14A-7720What is the division of child support (DCS) required to do when Washington is the initiating jurisdiction in an intergovernmental case?
388-14A-7800What is the division of child support (DCS) required to do when Washington receives a request for intergovernmental child support services?
388-14A-7810What is the division of child support (DCS) required to do when DCS receives a request for a determination of controlling order?
388-14A-7820What 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-8100Are there special rules for setting child support for children in foster care?
388-14A-8105Does the cost of care affect how much child support I pay when my child is in foster care?
388-14A-8110What happens to the money if current support is higher than the cost of care?
388-14A-8120Are there special rules for collection in foster care cases?
388-14A-8125How does DCS complete the WSCSS worksheets when setting the child support obligation for one parent of a child in foster care?
388-14A-8130How does DCS complete the WSCSS worksheets when setting a joint child support obligation for a child in foster care?
388-14A-8200All Washington employers must report new hires to the Washington state support registry.
388-14A-8300Who pays for genetic testing when paternity is an issue?
388-14A-8400Does the division of child support have the right to approve my child support order before the court enters it?
388-14A-8500Can the division of child support issue subpoenas?
388-14A-8600Does the division of child support enforce interest on unpaid support arrears?
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