PERMANENT RULES
SOCIAL AND HEALTH SERVICES
(Economic Services Administration)
(Division of Child Support)
Date of Adoption: November 29, 2001.
Purpose: The Division of Child Support (DCS) seeks to expand the definition of what kinds of accounts and property are subject to collection action and thus give rise to hearing or conference board rights. For instance, DCS takes collection action against inmate accounts when noncustodial parents are incarcerated at Department of Corrections (DOC) facilities, but the prior version of the rules do not include this kind of account. DCS also revised the rules for clarity and readability.
Citation of Existing Rules Affected by this Order: Amending WAC 388-14A-6200 What remedies are available to contest the division of child support's seizure of my bank account?
Statutory Authority for Adoption: RCW 74.08.090, 26.23.035, 34.05.220, 74.20A.310, 45 C.F.R. 303.106.
Adopted under notice filed as WSR 01-21-101 on October 23, 2001.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 1, Repealed 0.
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Repealed 0;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Repealed 0;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 4,
Amended 1,
Repealed 0.
Effective Date of Rule:
Thirty-one days after filing.
November 30, 2001
Brian H. Lindgren, Manager
Rules and Policies Assistance Unit
2994.4(2) The effective date of a hearing request or objection is the date DCS receives the request.
(3) The NCP or the joint owner must file the objection within twenty days of the date DCS mailed a copy of the order to withhold and deliver to the NCP's last known address.
(4) The NCP or joint owner of record must state in the
objection the facts supporting the allegation by the NCP or the
joint owner that the ((funds or property)) account, or a portion
of the ((funds or property, are)) account is exempt from
satisfaction of the NCP's child support obligation.
(5) If either the NCP or the joint owner of record objects
to the collection action, DCS schedules a hearing solely for the
purpose of determining whether or not one of the following
exemptions applies to the ((funds in the bank)) account((, or to
the other property)) attached by the order to withhold and
deliver:
(a) Pursuant to RCW 26.16.200 and 74.20A.120, the property or funds in the community bank account, joint bank account, or safe deposit box, or a portion of the property or funds which can be identified as the earnings of the NCP's spouse who does not owe a support obligation to the NCP's child or children, are exempt from satisfaction of the child support obligation of the NCP.
(b) The funds in a bank account, or a portion of those funds
((which)) can be identified as ((AFDC,)) TANF, GA-U, GA-X, SSI
benefits, or other kinds of funds which are legally exempt from
collection action; or
(c) The funds or property attached by the order to withhold and deliver which can be identified as being solely owned by the joint owner of record of the bank account or safe deposit box who does not owe a child support obligation to the child or children of the NCP, are exempt from satisfaction of the NCP's child support obligation.
(((6) The person challenging the collection action has the
burden of tracing the funds and proving the property or funds in
the bank account, or property in a safe deposit box, are exempt
from satisfaction of the NCP's child support obligation.
(7) DCS holds money or property withheld as a result of collection action taken against a bank account or safe deposit box and delivered to DCS at the time of an objection, pending the final administrative order or during any appeal to the courts.
(8) If the final decision of the department or courts on appeal is that DCS has caused money or property that is exempt from satisfaction of the NCP's child support obligation to be withheld by the bank or delivered to the department, DCS must:
(a) Promptly release the order to withhold and deliver; or
(b) Refund the proportionate share of the funds having been identified as being exempt. The department is not liable for any interest accrued on any money withheld under RCW 74.20A.080.))
[Statutory Authority: RCW 74.08.090, 26.23.035, 34.05.220, 74.20A.310, 45 CFR 303.106. 01-03-089, 388-14A-6200, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-390.]
(a) Pursuant to RCW 26.16.200 and 74.20A.120, the property or funds in the community bank account, joint bank account, or safe deposit box, or a portion of the property or funds which can be identified as the earnings of the NCP's spouse who does not owe a support obligation to the NCP's child or children, are exempt from satisfaction of the child support obligation of the NCP.
(b) The funds in the bank account, or a portion of those funds can be identified as TANF, GA-U, GA-X, SSI benefits, or other kinds of funds which are legally exempt from collection action; or
(c) The funds or property attached by the order to withhold and deliver can be identified as being solely owned by the joint owner of record of the bank account or safe deposit box who does not owe a child support obligation to the child or children of the NCP and are exempt from satisfaction of the NCP's child support obligation.
(2) The person challenging the collection action has the burden of tracing the funds and proving the property or funds in the bank account, or property in a safe deposit box, are exempt from satisfaction of the NCP's child support obligation.
(3) The administrative law judge (ALJ) is limited to the determination of whether the funds in the bank account, or the other property attached by the order to withhold and deliver is exempt from satisfaction of the NCP's child support obligation.
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(1) Promptly release the order to withhold and deliver; or
(2) Refund the proportionate share of the funds having been identified as being exempt. The department is not liable for any interest accrued on any money withheld under RCW 74.20A.080.
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