What happens if a party makes a timely request for hearing on a support establishment notice?
(1) A timely request for hearing is an objection made within the time limits of WAC 388-14A-3110
. For late (or untimely) hearing requests, see WAC 388-14A-3135
(2) If either party makes a timely request for hearing, the division of child support (DCS) submits the hearing request to the office of administrative hearings (OAH) for scheduling.
(3) OAH sends a notice of hearing by first class mail to all parties at their address last known to DCS, notifying each party of the date, time and place of the hearing. DCS, the noncustodial parent (NCP), and the custodial parent are all parties to the hearing.
(4) A timely request for hearing stops the support establishment notice from becoming a final order, so DCS cannot collect on the notice. However, in appropriate circumstances, the administrative law judge (ALJ) may enter a temporary support order under WAC 388-14A-3850
(5) A hearing on an objection to a support establishment notice is for the limited purpose of resolving the NCP's accrued support debt and current support obligation. The NCP has the burden of proving any defenses to liability.
[Statutory Authority: RCW 26.23.120
, 43.20A.550, 74.04.055, 74.08.090, 74.20.040(9), 74.20A.310, and 45 C.F.R. Parts 301.1, 302.35, 302.36, 303.3, 303.7, 303.11, 303.20, 305.63, 307.13, and 308.2. WSR 11-22-116, § 388-14A-3130, filed 11/2/11, effective 12/3/11. Statutory Authority: RCW 34.05.220
(1), 74.08.090, 74.20A.055, 74.20A.056. WSR 02-06-098, § 388-14A-3130, filed 3/4/02, effective 4/4/02; WSR 00-15-016 and 00-20-022, § 388-14A-3130, filed 7/10/00 and 9/25/00, effective 11/6/00. Formerly WAC 388-11-135 and 388-11-400.]