How does the division of child support establish a child support obligation when there is no child support order?
(1) When there is no order setting the amount of child support a noncustodial parent (NCP) should pay, the division of child support (DCS) serves a support establishment notice on the NCP and the custodial parent (CP). A support establishment notice is an administrative notice that can become an enforceable order for support if nobody requests a hearing on the notice.
(2) DCS may serve a support establishment notice when there is no order that:
(a) Establishes the NCP's support obligation for the child(ren) named in the notice; or
(b) Specifically relieves the NCP of a support obligation for the child(ren) named in the notice.
(3) Whether support is based upon an administrative order or a court order, DCS may serve a support establishment notice when the parties to a paternity order subsequently marry each other and then separate, or parties to a decree of dissolution remarry each other and then separate. The remaining provisions of the paternity order or the decree of dissolution, including provisions establishing paternity, remain in effect.
(4) Depending on the legal relationship between the NCP and the child for whom support is being set and on the type of child support obligation which is being established, DCS serves one of the support establishment notices listed in subsections (5), (6) or (7). WAC 388-14A-3102
describes which notice DCS uses to set the support obligation of a father who has signed a paternity acknowledgment or an affidavit of paternity.
(5) DCS may serve a notice and finding of financial responsibility (NFFR) under WAC 388-14A-3115
. DCS uses this notice when the NCP's parentage of the child is based on:
(a) The presumption arising from the existence of a marriage or a registered domestic partnership;
(b) The entry of a court order adjudicating the parent-child relationship;
(c) The entry of an adoption order;
(d) The man's having signed and filed a paternity acknowledgment under RCW 26.26.300
through 26.26.375, unless the acknowledgment has been rescinded or successfully challenged; or
(e) The woman's being the biological mother of, and having given birth to, the child.
(6) DCS may serve a notice and finding of parental responsibility (NFPR) under WAC 388-14A-3120
. DCS uses this notice when the NCP was not married to the mother but has filed an affidavit or acknowledgment of paternity which did not become a conclusive presumption of paternity.
(7) DCS may serve a "Medical support only" NFFR or NFPR under WAC 388-14A-3125
(a) Until October 1, 2009, DCS used the notice and finding of medical responsibility (NFMR) for this purpose.
(b) A medical support only NFFR or NFPR, whichever is appropriate, is used when DCS seeks to set only a medical support obligation instead of a monetary child support obligation.
[Statutory Authority: 2011 c 283, RCW 34.05.220
, 43.20A.550, 74.04.055, 74.04.057, 74.08.090, 74.20A.055, 74.20A.056, and 74.20A.310. WSR 12-01-002, § 388-14A-3100, filed 12/7/11, effective 1/7/12. Statutory Authority: RCW 26.09.105
(17), 26.18.170(19), 26.23.050(8), 26.23.110(14), 34.05.020, 34.05.060, 34.05.220, 74.08.090, 74.20.040, 74.20A.055(9), and 74.20A.056(11). WSR 11-12-006, § 388-14A-3100, filed 5/19/11, effective 6/19/11. Statutory Authority: RCW 34.05.220
(1), 74.08.090, 74.20A.056, 74.20A.310, 26.26.315, 26.26.320, 26.26.330, 26.26.335, 74.20A.055, 2002 c 302, and 2002 c 199. WSR 03-17-013, § 388-14A-3100, filed 8/12/03, effective 9/12/03. Statutory Authority: RCW 34.05.220
(1), 74.08.090, 74.20A.055, 74.20A.056. WSR 00-15-016 and 00-20-022, § 388-14A-3100, filed 7/10/00 and 9/25/00, effective 11/6/00.]