(1) The division of child support (DCS), the custodial parent (CP) or the noncustodial parent (NCP) may file a petition and request a hearing to prospectively modify an administrative order for child support. The request must be in writing and must state:
(a) Any circumstances that have changed;
(b) Any relief requested; and
(c) The proposed new support amount.
(2) The petitioning party must file the request for modification with DCS.
(3) Acting as a responding jurisdiction, DCS may file a petition to prospectively modify an administrative order for child support on behalf of an initiating jurisdiction in an intergovernmental case.
(4) DCS serves a copy of the request for modification and notice of hearing on all other parties by first class mail at their address last known to DCS.
(5) DCS, the administrative law judge (ALJ), or the department review judge:
(a) Prospectively modifies orders according to the terms of chapter 26.19
RCW and RCW 74.20A.059
(b) May only modify an order issued by a tribunal in another state according to the terms of RCW 26.21A.550
(6) A request to add a requirement for the custodial parent (CP) to provide health insurance coverage, or to add a provision in the order to include the CP's share of medical expenses, is not by itself a sufficient basis for modification of the order.
(7) If the nonpetitioning party fails to appear at the hearing, the ALJ issues a default order based on the Washington state child support schedule and the worksheets submitted by the parties, considering the terms set out in the request for modification.
(8) If the petitioning party fails to appear at the hearing, the ALJ enters an order dismissing the petition for modification.
(8) If the petition for modification does not comply with the requirements of subsection (1)(a) and (b) of this section, the ALJ may:
(a) Dismiss the petition; or
(b) Continue the hearing to give the petitioning party time to amend according to WAC 388-14A-3275
or to complete the petition.
(10) The ALJ may set the effective date of modification as the date the order is issued, the date the request was made, or any time in between. If an effective date is not set in the order, the effective date is the date the modification order is entered.
[Statutory Authority: RCW 26.23.120
, 34.05.350 (1)(b), 43.20A.550, 74.04.055, 74.08.090, 74.20.040(9), 74.20A.310 and 45 C.F.R. Parts 301.1, 302.36, 303.7, 303.11, 305.63, and 308.2. WSR 13-01-075, § 388-14A-3925, filed 12/18/12, effective 1/18/13. Statutory Authority: 2007 c 143, §§ 1, 2, 3, 4, 5, 7, 8, and 9. WSR 08-12-029, § 388-14A-3925, filed 5/29/08, effective 7/1/08. Statutory Authority: RCW 34.05.220
(2), 43.20A.550, 74.04.055, 74.08.090, 74.20.040, 74.20A.310. WSR 07-08-055, § 388-14A-3925, filed 3/29/07, effective 4/29/07. Statutory Authority: RCW 34.05.220
(1), 74.08.090, 74.20A.055, 74.20A.056. WSR 02-06-098, § 388-14A-3925, filed 3/4/02, effective 4/4/02. Statutory Authority: RCW 74.08.090
, 26.23.050, 74.20A.055, 74.20A.059. WSR 01-03-089, § 388-14A-3925, filed 1/17/01, effective 2/17/01. Formerly WAC 388-11-140.]