388-14A-4110  <<  388-14A-4111 >>   388-14A-4112

When may DCS decline a request to enforce a medical support obligation?

The division of child support (DCS) may decline to enforce a medical support obligation using the remedies available under RCW 26.09.105, 26.18.170 and 26.23.110 if one or more of the following apply:
(1) The medical support obligation is imposed by a child support order that was not entered in a court or administrative forum of the state of Washington;
(2) The department of social and health services is not paying public assistance or providing foster care services;
(3) The party requesting enforcement of the medical support obligation does not have an open IV-D case with DCS for the child;
(4) The party requesting enforcement of the medical support obligation is not a parent of the child for whom the medical support obligation was established;
(5) The party is requesting reimbursement of the obligated parent's proportionate share of medical premium costs, and the obligated parent is providing accessible health insurance coverage for the child;
(6) The party requesting enforcement of the medical support obligation is not a former recipient of public assistance as described in WAC 388-14A-2000 (2)(d);
(7) DCS has not received a request for services from a child support agency in another state or a child support agency of an Indian tribe or foreign country;
(8) The party requesting enforcement of the medical support obligation has not applied for full support enforcement services;
(9) The party requesting enforcement of the medical support obligation does not qualify as a party who can receive child support enforcement services from DCS under WAC 388-14A-2000;
(10) The case does not meet the requirements for provision of support enforcement services from DCS under WAC 388-14A-2010;
(11) DCS denies the application under WAC 388-14A-2020;
(12) The party requesting enforcement of the medical support obligation does not provide proof of payment, any required forms, and/or the declaration under penalty of perjury required under WAC 388-14A-3312;
(13) The case meets one or more of the reasons set out in WAC 388-14A-4112(2) that DCS does not enforce a custodial parent's obligation to provide medical support.
[Statutory Authority: RCW 26.09.105(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040, 74.20A.055(9), and 74.20A.056(11). WSR 11-12-006, ยง 388-14A-4111, filed 5/19/11, effective 6/19/11.]
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