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388-14A-5500  <<  388-14A-5505 >>   388-14A-5510

WAC 388-14A-5505

No agency filings affecting this section since 2003

DCS uses a notice of retained support to claim a debt owed to DCS.

The division of child support (DCS) serves a notice of retained support setting forth:
(1) The amount of support money claimed by the department as property of the department by assignment, subrogation or by operation of law or legal process under chapter 74.20A RCW;
(2) The legal basis for the claim of ownership by the department;
(3) A description of the person, firm, corporation, association, or political subdivision who is or has been in possession of the support moneys together with enough detail to identify the amounts in issue;
(4) A statement that, effective with the date of service of the notice, the department will impound and hold in trust all money not yet disbursed or spent and all similar money received in the future, pending answer to the notice and any hearing which is requested;
(5) A statement that the notice must be answered, under oath and in writing, within twenty days of the date of service of the notice;
(6) A statement that the answer to the notice must include true answers to the questions in the notice and must either acknowledge the department's right to the money or request an administrative hearing to determine ownership of the money;
(7) A statement that the burden of proof in a hearing on a notice of retained support debt under this section is on the department to establish ownership of the support money claimed;
(8) A statement that, if the person, firm, corporation, association, or political subdivision or officer or agent thereof does not answer or make a request for hearing in a timely manner, the department's claim will be assessed and determined and subject to collection action as a support debt according to chapter 74.20A RCW; and
(9) A statement that the department may collect a support debt, as assessed and determined, and that the property of the debtor, without further advance notice or hearing, is subject to lien and foreclosure, distraint, seizure and sale, or order to withhold and deliver to satisfy the debt. The department may not take collection action against a recipient of public assistance during the period of time the recipient remains on assistance except as provided in RCW 74.20A.270 and WAC 388-14A-2040.
[Statutory Authority: RCW 74.08.090. WSR 01-03-089, ยง 388-14A-5505, filed 1/17/01, effective 2/17/01. Formerly WAC 388-13-090.]