What happens if the division of child support determines that I am not cooperating?
(1) When the division of child support (DCS) or its representatives believe that a custodial parent (CP) who receives cash assistance or medical assistance is not cooperating as defined in WAC 388-14A-2040
, DCS sends a notice to the CP and to the community services division (CSD) about the noncooperation.
(a) The notice contains the following information:
(i) How the noncooperation was determined, including what actions were required;
(ii) What actions the CP must take to resume cooperation;
(iii) That this notice was sent to CSD;
(iv) That the CP may contact CSD immediately if the CP disagrees with the notice, needs help in order to cooperate, or believes the actions required are unreasonable; and
(v) That CSD may sanction the CP by either reducing or terminating the grant.
(b) CSD sends a notice of planned action to the CP as provided by WAC 388-472-0005
(c) Either the notice of alleged noncooperation or CSD's notice of planned action may serve as the basis for a sanction.
(d) If the noncooperation was due to missing an interview without reasonable excuse, the CP will be considered to be cooperating when the CP appears for a rescheduled interview and either provides information or attests to the lack of information. DCS or its representative must reschedule the interview within seven business days from the date the CP contacts them to reschedule an interview.
(e) If the noncooperation was due to not taking a required action, cooperation resumes when the CP takes that action.
(2) There is no hearing right for a notice of noncooperation, but the CP may request a hearing on the sanction imposed by CSD.
(3) If the CP takes the actions required to resume cooperation within sixty days, DCS leaves the case open and continues to establish or enforce the support obligation.
(4) The CP may request a hearing to contest case closure, as described in WAC 388-14A-2095
[Statutory Authority: 2012 c 253 § 5, 2012 1st sp.s. c 4, RCW 34.05.220
, 43.20A.550, 74.04.055, 74.08.090, and 70.20.040. WSR 12-18-027, § 388-14A-2075, filed 8/27/12, effective 9/27/12. Statutory Authority: RCW 34.05.020
, 34.05.220, 74.08.090, 74.20.040, and 2011 c 42. WSR 11-23-087, § 388-14A-2075, filed 11/17/11, effective 12/18/11. Statutory Authority: RCW 74.08.090
, 34.05.310 (4)(d), 26.23.035, 74.20A.310. WSR 03-20-072, § 388-14A-2075, filed 9/29/03, effective 10/30/03. Statutory Authority: RCW 74.08.090
, 26.23.035, 74.20A.310. WSR 01-03-089, § 388-14A-2075, filed 1/17/01, effective 2/17/01. Formerly WAC 388-14-202.]