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Chapter 388-14A WAC

Last Update: 12/18/12

DIVISION OF CHILD SUPPORT RULES

WAC Sections

PART A - GENERAL INFORMATION ABOUT THE DIVISION OF CHILD SUPPORT
The DSHS division of child support is the Title IV-D child support enforcement agency for the state of Washington.
What is Washington's state plan under Title IV-D?
What are the other names that the division of child support has used?
What laws regulate the actions of the division of child support?
What definitions apply to the rules regarding child support enforcement?
What are the responsibilities of the division of child support?
What kinds of services can the division of child support provide?
What kinds of locate services does the division of child support provide?
Who can request DCS locate services?
What must a request for locate services contain?
What happens when I request locate services from the division of child support?
The division of child support cooperates with tribes and other states and countries for support enforcement purposes.
Can the division of child support collect support owed or assigned to another state, tribe or country?
The division of child support cooperates with courts and law enforcement.
PART B - BASIC RULES FOR CHILD SUPPORT CASES
Who can receive child support enforcement services from the division of child support?
When does an application for public assistance automatically become an application for support enforcement services?
Can I apply for support enforcement services if I do not receive public assistance?
Does DCS accept an application from someone who is not a resident of Washington state?
Can the division of child support deny my application for support enforcement services?
What services does the division of child support provide for a nonassistance support enforcement case?
Do I assign my rights to support when I apply for child support enforcement services?
Do I assign my rights to support when I receive public assistance?
What does assigning my rights to support mean?
What are permanently assigned arrears?
What are temporarily assigned arrears?
What are conditionally assigned arrears?
Do I have to cooperate with the division of child support in establishing or enforcing child support?
What happens if I don't cooperate with DCS while I receive public assistance?
What can I do if I am afraid that cooperating with the division of child support will be harmful to me or to my children?
Who decides if I have good cause not to cooperate?
Are there different kinds of good cause for not cooperating with DCS?
Does the division of child support provide support enforcement services if the CSO decides I have "good cause level A"?
Does the division of child support provide support enforcement services if the CSO determines I have "good cause level B"?
What happens if the division of child support determines that I am not cooperating?
Once DCS opens a support enforcement case, under what circumstances can it be closed?
Under what circumstances can DCS close a case when the application for services was made directly to DCS?
Under what circumstances can DCS close a case where the application for services was originally made to another state, tribe, territory or country, otherwise known as an intergovernmental case?
Under what circumstances may DCS keep a support enforcement case open despite a request to close it?
Who receives notice when DCS closes a case?
What if I don't agree with the case closure notice?
What happens to payments that come in after a case is closed?
When does DCS file a satisfaction of judgment with the superior court?
Basic confidentiality rules for the division of child support.
Are there special rules for requests for whereabouts information?
How do I make a request for disclosure of DCS public records?
When I make a public disclosure request, do I get the information or records immediately?
Does DCS give notice to anyone before releasing information pursuant to a public disclosure request?
Can the custodial parent waive notice of a request for address?
How do I request a support order summary from DCS?
Can the noncustodial parent request notice before DCS releases address information to the custodial parent?
Can DCS ever release address information without notice?
What if I object to the release of my address?
When might DCS deny a request for address information without going through the notice and hearing process?
What happens at a hearing on objection to disclosure of address information?
How much does it cost to get copies of DCS records?
Can I appeal a denial of public disclosure by the division of child support?
On what authority does DCS share my confidential information with a credit bureau?
When does DCS charge a twenty-five dollar annual fee on a child support case?
How can a custodial parent be excused from payment of the annual fee?
PART C - HOW THE DIVISION OF CHILD SUPPORT DECIDES HOW MUCH CHILD SUPPORT SOMEONE SHOULD PAY
How does the division of child support establish a child support obligation when there is no child support order?
When the parents have signed a paternity acknowledgment, which support establishment notice does the division of child support serve on the noncustodial parent?
How does the division of child support serve support establishment notices?
When can a support establishment notice become a final order?
The notice and finding of financial responsibility is used to set child support when paternity is not an issue.
The notice and finding of parental responsibility is used to set child support when the father's duty of support is based upon an affidavit of paternity which is not a conclusive presumption of paternity.
DCS may establish a medical support obligation when the custodial parent receiving medical assistance declines full child support enforcement services.
How does DCS ask to add a monthly financial obligation to an existing administrative order for medical support only?
What happens if a party makes a timely request for hearing on a support establishment notice?
What happens if neither parent appears for the hearing?
What happens if only one parent appears for the hearing?
What happens when the noncustodial parent and the custodial parent both appear for the hearing?
Late hearings, or hearing on untimely objections to support establishment notices.
What can happen at a hearing on a support establishment notice?
How does DCS determine my support obligation?
How does DCS calculate my income?
The division of child support may amend an administrative notice at any time before a final administrative order is entered.
How does the division of child support require me to make my support payments to the Washington state support registry when my support order says to pay someone else?
How does the division of child support decide what notice to serve when there is already an existing order for child support?
The division of child support may serve a notice of support debt and demand for payment when it is enforcing a support order issued in Washington state, a foreign court order or a foreign administrative order for support.
What can I do if I disagree with a notice of support debt and demand for payment?
Does a notice of support debt and demand for payment result in a final determination of support arrears?
How does the division of child support proceed when there are multiple child support orders for the same obligor and children?
What notice does the division of child support serve to establish a fixed dollar amount under an existing child support order?
How does DCS prepare a notice of support owed to determine amounts owed to establish a fixed dollar amount under an existing child support order?
The division of child support serves a notice of support owed to establish a fixed dollar amount owed by either parent for medical support.
When DCS serves a notice of support debt or a notice of support owed, we notify the other party to the child support order.
When can a notice of support owed become a final order?
What happens if a party makes a timely request for hearing on a notice of support owed?
What happens if a party makes an untimely request for hearing on a notice of support owed?
What happens at a hearing on a notice of support owed?
What happens if the custodial parent requests a hearing on a notice of support debt and demand for payment?
What happens in a hearing on a notice of support owed served under WAC 388-14A-3311?
What happens in a hearing on a notice of support owed served under WAC 388-14A-3312?
What are the procedures for the annual review of a notice of support owed?
Are there any limits on how much back support the division of child support can seek to establish?
What legal defenses are available to a noncustodial parent when DCS seeks to enforce a support obligation?
What kinds of credits does the division of child support give when establishing or enforcing an administrative support order?
Are there limitations on how much of my income is available for child support?
What amount does DCS use for the self-support reserve?
A person must show good cause for filing a late request for hearing.
The parties may resolve any child support case by entering a consent order or an agreed settlement.
When is it appropriate to vacate a default order?
Once a support order is entered, can it be changed?
Once an administrative child support order is entered, how long does the support obligation last?
When may someone ask for a temporary support order?
How does a party request a temporary order when the hearing is continued?
How does a party request a temporary order when a petition for review has been filed?
Duties of the administrative law judge when a party requests a temporary support order.
When does a temporary support order end?
What if a party does not agree with a temporary support order?
Does DCS review my support order to see if it should be modified?
Under what circumstances does DCS review a support order for modification?
How does DCS notify me that my order is eligible for review for modification?
How does DCS decide whether to petition for modification of a support order?
How do I find out the results of DCS' review for modification?
What if I don't agree with DCS' findings after review?
Are there times when DCS does not review an order which would otherwise qualify for review?
DCS uses the Washington state child support schedule for reviewing orders for modification.
Who can ask to modify an administrative support order?
PART D - HOW WE ENFORCE CHILD SUPPORT OBLIGATIONS
When may the division of child support take collection action against a noncustodial parent?
Can I make the division of child support stop collection action against me?
What collection tools does the division of child support use?
How can the division of child support collect child support from my wages or other income source?
DCS can serve some collection actions by electronic service.
How does the division of child support enforce my obligation to provide health insurance for my children?
If my support order requires me to provide medical support for my children, what do I have to do?
When may DCS decline a request to enforce a medical support obligation?
When does the division of child support enforce a custodial parent's obligation to provide medical support?
Can my support order reduce my support obligation if I pay for health insurance?
How soon after a noncustodial parent is listed in the state directory of new hires must the division of child support send a national medical support notice to the employer?
DCS uses the National Medical Support Notice to enforce an obligation to provide health insurance coverage.
Can a Washington employer assume that every National Medical Support Notice that the employer receives is from the division of child support?
What kind of information is included in the National Medical Support Notice?
What can happen if the employer fails to comply with the terms of the National Medical Support Notice?
Who are the parties involved with the National Medical Support Notice?
What must an employer do after receiving a National Medical Support Notice?
What kind of help is available for an employer or plan administrator who has questions about the National Medical Support Notice?
What must a plan administrator do after receiving a National Medical Support Notice from the division of child support?
What must the plan administrator do when the obligated parent has health insurance but the children are not included in the coverage?
What must the plan administrator do when the obligated parent is eligible for health insurance but is not yet enrolled?
What must the plan administrator do when the employer provides health insurance but the obligated parent is not yet eligible for coverage?
What must the plan administrator do when the insurance plan in which the obligated parent is enrolled does not provide coverage which is accessible to the children?
What must the plan administrator do when the obligated parent has more than one family?
Are there any limits on the amount an obligated parent may be required to pay for health insurance premiums?
What happens when a noncustodial parent does not earn enough to pay child support plus the health insurance premium?
How long does a National Medical Support Notice or other notice of enrollment remain in effect?
Who is required to notify the division of child support when insurance coverage for the children ends?
When must the division of child support communicate with the DSHS medicaid purchasing administration?
Do I get credit for dependent disability payments paid on my behalf to my children?
What can I do if I think I'm paying more than the custodial parent is spending for day care or other special expenses for my child?
Can I file a petition for reimbursement if I do not receive full support enforcement services?
Who participates in a hearing on petition for reimbursement?
What happens at a hearing on petition for reimbursement?
What happens if the judge determines that I have paid too much for day care and special expenses?
What is the division of child support's license suspension program?
The notice of noncompliance and intent to suspend licenses.
Who is subject to the DCS license suspension program?
When may the division of child support certify a noncustodial parent for license suspension?
How do I avoid having my license suspended for failure to pay child support?
Signing a payment agreement may avoid certification for noncompliance.
How to obtain a release of certification for noncompliance.
How does a noncustodial parent request an administrative hearing regarding license suspension?
What can happen at an administrative hearing regarding license suspension?
Can the noncustodial parent file a late request for hearing if a license has already been suspended?
When is a DCS conference board available regarding license suspension issues?
What is the division of child support's DCS most wanted internet site?
Whose picture can go on the division of child support's DCS most wanted internet site?
How does a noncustodial parent avoid being posted on the DCS most wanted internet site?
When does DCS remove a noncustodial parent from the DCS most wanted internet site?
What information does the division of child support post to the DCS most wanted internet site?
How do I ask the division of child support to prorate a child support obligation?
When does the division of child support prorate a monthly support obligation?
When does the division of child support not prorate a monthly support obligation?
What can I do if I don't agree with DCS' decision on whether or not to prorate support?
When does a child support order contain an undifferentiated amount of child support?
How does DCS determine if a support order contains a differentiated or undifferentiated amount of support?
What can I do if I don't agree with DCS' decision on whether my support order contains a differentiated or undifferentiated amount of support?
How does DCS divide support obligations between two or more cases when a support order does not contain a differentiated amount of support?
PART E - DISTRIBUTION ISSUES
What is the difference between distribution and disbursement of child support collections?
What procedures does DCS follow to distribute support collections?
How does DCS distribute support collections in a nonassistance case?
How does DCS distribute support collections in an assistance case?
How does DCS distribute support collections in a former assistance case?
How does DCS distribute federal tax refund offset collections?
How does DCS distribute support collections when the paying parent has more than one case?
If the paying parent has more than one case, can DCS apply support money to only one specific case?
Can the noncustodial parent prepay support?
What happens when an employer or other entity overcollects support from the noncustodial parent based on a DCS withholding order?
How does the division of child support distribute federal tax refund offset collections from joint returns?
What is a pass-through payment?
When does DCS send a notice of intent to distribute support money?
How does the division of child support notify the custodial parent about support collections?
What is a "total versus total" notice?
How does the division of child support recover a support payment which has already been distributed?
How does the division of child support tell the custodial parent when DCS adjusts the amount of debt owed on the case?
How does the division of child support collect support debts owed by someone other than a noncustodial parent?
DCS uses a notice of retained support to claim a debt owed to DCS.
How does DCS serve a notice of retained support?
What happens if I don't respond to a notice of retained support or request a hearing?
What happens if I make a timely objection to a notice of retained support?
What happens at the hearing on a notice of retained support?
Can I request a late hearing on a notice of retained support?
How does DCS collect a debt established on a notice of retained support?
Can I just acknowledge that I owe money to the division of child support?
PART F - HEARINGS AND CONFERENCE BOARDS
Which statutes and regulations govern the division of child support's hearing process?
The division of child support accepts oral requests for hearing or conference board.
What is the difference between an initial order and a final order in a hearing involving the division of child support?
When must an ALJ enter an initial order in a DCS hearing proceeding?
When must an ALJ enter a final order in a DCS hearing proceeding?
What can I do if I do not agree with an initial order or final order entered by an administrative law judge?
When does an initial order or final order entered by an ALJ become enforceable?
What can I do if there was a default order entered against me in an administrative hearing?
What remedies are available to contest the division of child support's seizure of my bank account?
What happens at a hearing on an objection to seizure of a bank account?
What happens to the seized money once an objection is filed?
What happens if the judge decides the seized money was exempt?
What remedies are available to contest the division of child support's seizure of my DOC inmate account?
Duty of the administrative law judge in a hearing to determine the amount of a support obligation.
The division of child support's grievance and dispute resolution method is called a conference board.
How to apply for a conference board.
Explanation of the conference board process.
Scope of authority of conference board chair defined.
Can I use equitable estoppel as a defense in a hearing with the division of child support?
PART G - INTERGOVERNMENTAL ISSUES
The division of child support may register an order from a tribe or another state or country for enforcement or modification.
The division of child support may enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state.
Are there special rules for a hearing on a notice seeking to enforce interest on a support order?
Are there special rules for a conference board on a notice seeking to assess and collect interest on a support order?
When does DCS update the interest on an intergovernmental case for enforcement?
What happens at a hearing on a notice of support debt and registration?
What is the effect of confirmation of a registered order on the finality of the support debt calculation?
DCS can serve notices in other states under the Uniform Interstate Family Support Act.
How does a party, IV-D agency or jurisdiction ask for a determination of controlling order?
When might DCS deny a request for a determination of controlling order?
How does DCS notify the parties that a determination of the controlling order is going to be made?
What happens if someone objects to a notice of support debt and registration which contains a determination of the presumed controlling order?
What is the effect of a determination of controlling order on the finality of the debt calculation?
What can I do if I want to contest an intergovernmental order to withhold income served on my employer?
What can I do if I am concerned about the release of my personal information in an intergovernmental referral?
Does DCS provide the same services in an intergovernmental case as it provides in a case where both parties reside in the state of Washington?
The division of child support complies with federal requirements regarding intergovernmental cases.
How does DCS provide information to another jurisdiction in an intergovernmental case?
What limited services does DCS provide?
Payment and recovery of costs in intergovernmental IV-D cases.
What kind of federal audit requirements are there for intergovernmental cases?
How does the division of child support (DCS) decide that a new case is an intergovernmental case?
What does the division of child support (DCS) do when it decides that a case is an intergovernmental case?
What is the division of child support (DCS) required to do when Washington is the initiating jurisdiction in an intergovernmental case?
What is the division of child support (DCS) required to do when Washington receives a request for intergovernmental child support services?
What is the division of child support (DCS) required to do when DCS receives a request for a determination of controlling order?
What is the division of child support (DCS) required to do when DCS acts as the responding jurisdiction in an intergovernmental case?
PART H - MISCELLANEOUS
Are there special rules for setting child support for children in foster care?
Does the cost of care affect how much child support I pay when my child is in foster care?
What happens to the money if current support is higher than the cost of care?
Are there special rules for collection in foster care cases?
How does DCS complete the WSCSS worksheets when setting the child support obligation for one parent of a child in foster care?
How does DCS complete the WSCSS worksheets when setting a joint child support obligation for a child in foster care?
All Washington employers must report new hires to the Washington state support registry.
Who pays for genetic testing when paternity is an issue?
Does the division of child support have the right to approve my child support order before the court enters it?
Can the division of child support issue subpoenas?
Does the division of child support enforce interest on unpaid support arrears?