Subject of Possible Rule Making: WAC 388-14A-3900 through 388-14A-3925, concerning modification of a support order. The primary focus is WAC 388-14A-3903 How does DCS decide whether to petition for modification of a support order?, to allow Division of Child Support (DCS) to refer a court order for modification when the support will not change by at least 25% or $100/mo, the current standard. Due to a change in RCW 26.19.065(2), the $25 per month per child obligation is merely a presumption, and the court may enter a zero support order in appropriate circumstances. DCS seeks to make this modification opportunity available to noncustodial parents whose orders were entered prior to the 1998 change of statute.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 74.08.090, 45 C.F.R. 302.70, 45 C.F.R. 303.7, 45 C.F.R. 303.8.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In N. R. v. Soliz No. C93-5338B (W.D. Wash. February 7, 1994), the court considered how to set the support obligation of someone with no income or resources. The Washington state child support schedule provided for a minimum support obligation of $25 per month per child when combined monthly net income is less than $600, or when the standard calculation would reduce the responsible parent's net income below the one person need standard. The court in N. R. v. Soliz required that this amount be treated as a presumptive minimum only, subject to downward deviation in appropriate circumstances. The N. R. v. Soliz ruling applied to administrative child support orders only. In 1998, the legislature amended RCW 26.19.065(2) to include this provision for court orders setting child support.

     DCS has previously established criteria for referring cases for modification, namely that the change in the support obligation must be at least $100 per month and at least 25%. A noncustodial parent whose order was set prior to the statute change may have an order for $25 per month, but under today's standards would qualify for a zero order.

     Process for Developing New Rule: DCS engages in modified collaborative rule making. Those persons wishing to participate in developing the new rules are encouraged to contact Nancy Koptur at the DSHS Division of Child Support Headquarters as soon as possible. DCS will post information regarding this rule development project and others on its website, which can be found at www.wa.gov/dshs/dcs, or on the DSHS Economic Services Administration's Regulatory Improvement website, which can be found at http://www-app2.wa.gov/dshs/esa/extpolicy/blue.asp. DSHS/DCS encourages the public to take part in developing the rules. After the rules are drafted, DSHS will file a copy with the Office of the Code Reviser with a notice of proposed rule making, and will send a copy to everyone currently on the mailing list and to anyone else who requests a copy.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting DCS Rules Coordinator, Nancy Koptur, Division of Child Support, P.O. Box 9162, Mailstop 45860, Olympia, WA 98507-9162, phone (360) 664-5065, e-mail nkoptur@dshs.wa.gov, 1-800-457-6202, fax (360) 664-5055, TTY/TDD (360) 664-5011.

June 8, 2001

Brian H. Lindgren, Manager

Rules and Policies Assistance Unit

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