PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Date of Adoption: April 18, 2000.
Purpose: Provides an opportunity for DCS, the custodial parent or the noncustodial parent, to request entry of a temporary child support order when, in the course of administrative hearing to establish a support obligation or to determine the amount due under an existing order, (1) the administrative law judge continues the hearing or (2) any party files a petition for review of the initial decision.
New sections WAC 388-14A-3850 When may someone ask for a temporary support order? WAC 388-14A-3855 How does a party request a temporary order when the hearing is continued? WAC 388-14A-3860 How does a party request a temporary order when a petition for review has been filed? WAC 388-14A-3865 Duties of the administrative law judge when a party requests a temporary support order. WAC 388-14A-3870 When does a temporary support order end? and WAC 388-14A-3875 What if a party does not agree with a temporary support order?
Repealing WAC 388-11-315 Temporary administrative orders.
Citation of Existing Rules Affected by this Order: Repealing WAC 388-11-315.
Statutory Authority for Adoption: RCW 74.20A.055 and 74.08.090.
Adopted under notice filed as WSR 00-06-068 on March 1, 2000.
Changes Other than Editing from Proposed to Adopted Version: In WAC 388-14A-3865, subsection (1)(b)(iii) was added, requiring the administrative law judge to include the information required in WAC 388-11-210 in the temporary support order.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 6, Amended 0, Repealed 1.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, Amended 0, Repealed 1.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 6, Amended 0, Repealed 1. Effective Date of Rule: Thirty-one days after filing.
April 18, 2000
Marie Myerchin-Redifer, Manager
Rules and Policies Assistance Unit
2698.3(1) There are two times when a temporary support order is appropriate in the course of an administrative hearing:
(a) If in a hearing to establish a support obligation or to determine the amount due under an existing order, the administrative law judge (ALJ) postpones the hearing. A postponement is also called a continuance (see WAC 388-14A-3855); or
(b) If any party files a petition for review of an initial decision which establishes or determines a current support obligation (see WAC 388-14A-3860).
(2) For the purposes of this section and WAC 388-14A-3855 through 388-14A-3875, "a party" means the division of child support (DCS), the noncustodial parent, or the physical custodian of the child.
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(1) A party may make a request that a scheduled hearing be postponed either prior to the date of the hearing, or on the date of the hearing.
(2) When the administrative law judge (ALJ) grants a continuance prior to the day of hearing, a party must request entry of a temporary support order at the time the ALJ rules on the request for continuance.
(3) When the ALJ grants a continuance on the day of hearing, a party must request entry of a temporary support order before the hearing is adjourned.
(4) When a party requests a temporary support order due to a continuance, the ALJ must either:
(a) Conduct a temporary order hearing at the same time the ALJ hears the motion for continuance; or
(b) Set a time and date within ten business days when the ALJ will hear testimony on the need for and amount of a temporary order.
(5) The ALJ may hear testimony by telephone conference call.
(6) The ALJ may allow the parties to present the evidence then available, and allow five working days from the date of the hearing for submission of additional documents or evidence.
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(1) If the temporary order is requested because of the filing of a petition for review, a party must request the temporary order within ten days of:
(a) The date that party files the petition for review; or
(b) The date that party receives notice that another party has filed a petition for review.
(2) The request must be made to the office of administrative hearings (OAH) office that entered the initial decision.
(3)The administrative law judge (ALJ) who entered the initial decision must hear the motion for temporary order. If that ALJ is not available, the chief ALJ must designate a substitute ALJ.
(4) The ALJ may enter a temporary order based on the record that was created at the hearing, or may set a telephone conference call hearing within ten working days.
(5) The ALJ may hear testimony by telephone conference call.
(6) The ALJ may allow the parties to present the evidence then available, and allow five working days from the date of the hearing for submission of additional documents or evidence.
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(1) An administrative law judge (ALJ) who hears a request for a temporary support order must:
(a) Issue a written order which either:
(i) Determines the responsible parent's current and future support obligation beginning no later than the month following the hearing; or
(ii) Denies the request for a temporary support order.
(b) Include in the temporary order:
(i) A statement that any amounts collected under the temporary order will be credited and will be offset against any debt established in the initial decision;
(ii) A statement that amounts collected will be distributed and may be subject to recovery under WAC 388-14-272 from the physical custodian; and
(iii) The information required by WAC 388-11-210 (1)(a) through (j), and 388-11-210(2).
(c) Issue the temporary order within twenty calendar days of the date the request for temporary order is heard by the ALJ.
(2) If the temporary order is entered subsequent to a continuance, the ALJ must set a new hearing date within ninety days from the date of the date the ALJ hears the request for continuance;
(3) The ALJ must comply with the DSHS rules on child support and include a Washington state child support schedule worksheet when entering a temporary support order.
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(1) A temporary support order ends on the date an initial decision becomes a final order or on the date of a review decision, if any, whichever is later.
(2) If the parties settle all issues in the case by signing an agreed settlement or consent order, the temporary support order ends on the date the agreed settlement or consent order becomes a final order.
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(1) A temporary support order or the denial of a TSO is not an initial decision subject to review under WAC 388-08-464. This means that no party has the right to file a petition for review of a temporary support order.
(2) The terms of a temporary order are not binding on the administrative law judge (ALJ) who later enters the initial decision in the matter.
(3) The issuance of a temporary support order does not affect any party's right to ask for review of the initial decision subsequently entered in the matter.
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The following section of the Washington Administrative Code is repealed:
| WAC 388-11-315 | Temporary administrative orders. |