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When can a support establishment notice become a final order?
(1) The notice and finding of financial responsibility (NFFR), notice and finding of parental responsibility (NFPR), or notice and finding of medical responsibility (NFMR) becomes a final, enforceable order if neither the custodial parent or the noncustodial parent objects and requests a timely hearing on the notice. An objection is also called a hearing request.
(2) If a timely objection is filed, the division of child support (DCS) cannot enforce the terms of the notice until a final order as defined in this section is entered.
(3) To be timely, the noncustodial parent must object within the following time limits:
(a) Within twenty days of service, if the noncustodial parent was served in Washington state.
(b) Within sixty days of service, if the noncustodial parent was served outside of Washington state.
(4) To be timely, the custodial parent must object within twenty days of service.
(5) An objection to a support establishment notice is a request for hearing on the notice.
(6) The effective date of the hearing request is the date the division of child support (DCS) receives the request for hearing.
(7) When an NFPR is served, the order will not become a final order if either parent requests genetic testing under WAC 388-14A-3120
(14) within the following time limits:
(a) The noncustodial parent must request genetic testing within twenty days of service, if the noncustodial parent was served in Washington state.
(b) The noncustodial parent must request genetic testing within sixty days of service, if the noncustodial parent was served outside of Washington state.
(c) The custodial parent must request genetic testing within twenty days of service of the notice.
(8) The noncustodial parent or custodial parent must make the hearing request or request for genetic testing, either in writing or orally, at any DCS office. See WAC 388-14A-6100
regarding oral requests for hearing.
(9) After a timely request for hearing, the final order is one of the following, whichever occurs latest:
(a) An agreed settlement or consent order under WAC 388-14A-3600
(b) An initial decision as defined in WAC 388-14A-6105
and further described in WAC 388-14A-6110
, for which twenty-one days have passed and no party has filed a petition for review (this includes an order of default if neither party appears for hearing); or
(d) A review decision.
[Statutory Authority: RCW 34.05.220
, 2002 c 302, and 2002 c 199. WSR 03-17-013, § 388-14A-3110, filed 8/12/03, effective 9/12/03. Statutory Authority: RCW 34.05.220
. WSR 00-15-016 and 00-20-022, § 388-14A-3110, filed 7/10/00 and 9/25/00, effective 11/6/00. Formerly WAC 388-11-210.]